Restraining orders play a vital role in protecting individuals from harassment, violence, intimidation, or threats. In Western Australia, these orders are legally enforceable, and breaching one is a serious matter.
But what actually happens if someone breaches a restraining order?
Below, our VRO lawyers in Perth break down what a breach means, how to report it, the possible consequences, and how a family lawyer can assist you.
What Happens If Someone Breaches A Restraining Order?
In simple terms, a restraining order creates a set of rules designed to protect a person from harm. If someone chooses to ignore or break those rules, it is known as a “breach.” Breaching a restraining order is a criminal offence in Western Australia and can lead to arrest, charges, and serious penalties.
While the consequences will depend on the circumstances, courts generally take breaches very seriously because they undermine the protective purpose of the order. Whether the breach involves direct contact, threats, or even subtle attempts at communication, it is a matter that should never be ignored.
What Does It Mean To Breach A Restraining Order?
A restraining order outlines conditions that the person bound by the order must follow. These conditions might include prohibiting direct or indirect contact with the protected person, staying away from their home or workplace, or refraining from threatening or intimidating behaviour.
A breach occurs when any of these conditions are violated. Importantly, it doesn’t have to be an obvious or violent act for it to qualify as a breach. For example:
- Sending a text message or email when the order prohibits contact.
- Approaching the protected person at a shopping centre.
- Asking a third party to pass on a message.
- Making intimidating gestures, even without words.
Even seemingly minor or unintentional actions can amount to a breach if they fall within the conditions set out by the order. Courts in Western Australia view these breaches as serious because the purpose of the restraining order is to provide safety and peace of mind to the protected person.
If you are bound by a restraining order, it’s crucial to understand the exact terms of the order so you can avoid accidental breaches. If you are the protected person, knowing what counts as a breach empowers you to take appropriate steps to safeguard yourself and seek enforcement when necessary.
How Do You Report A Restraining Order Breach?
If you believe someone has breached a restraining order, the first and most important step is to contact the police immediately. Breaches are criminal matters, and only the police have the authority to investigate and take action against the person bound by the order.
When reporting a breach, it’s important to provide as much detail as possible. This may include:
- The time, date, and location of the breach.
- The specific actions or behaviours that breached the order.
- Any evidence, such as text messages, voicemails, photos, videos, or witness statements.
Police take breaches seriously and can investigate promptly. Depending on the circumstances, they may arrest the person on the spot or conduct further inquiries.
It is also worth keeping a personal record of any incidents, even if you’re unsure whether they amount to a breach. Documentation can assist the police in building a case and provide you with additional protection should repeated breaches occur.
If you feel unsafe, do not attempt to confront the person yourself. Your safety should always be the priority, and trained authorities are best placed to respond appropriately. If you’re uncertain whether an incident is technically a breach, it’s still best to report it. The police can then determine the next steps.
What Are The Consequences Of Breaching A Restraining Order In Western Australia?
In Western Australia, if someone breaches a restraining order this is classified as a criminal offence under the Restraining Orders Act 1997 (WA). The consequences can be severe, reflecting the courts’ emphasis on protecting victims and deterring repeat offences.
Possible outcomes include:
- Arrest and charges: A person alleged to have breached a restraining order may be arrested and charged by the police.
- Fines and imprisonment: Depending on the seriousness of the breach, penalties can include substantial fines or imprisonment. For repeat offenders, the likelihood of jail time increases significantly.
- Criminal record: A conviction for breaching a restraining order becomes part of a person’s criminal history, which can affect employment, travel, and reputation.
- Escalation of protective measures: If breaches continue, the court may strengthen the order, or police may take further action to ensure the protected person’s safety.
It’s important to remember that the courts take context into account when someone breaches a restraining order. A “technical” breach, such as accidental contact in a public place, may not be viewed in the same way as repeated, deliberate harassment. However, even minor breaches are taken seriously, and penalties can still apply.
For anyone facing allegations of a breach, seeking legal advice is critical. A lawyer can explain the potential consequences and assist with navigating the legal process.
Can You Defend The Breaching Of A Restraining Order?
Yes. In some cases, there may be valid legal defences to allegations of breaching a restraining order. These will depend on the specific facts of the case, but common defences can include:
- Lack of knowledge: If the person bound by the order was not aware of its existence or the specific conditions, this could be a defence.
- Accidental contact: For example, running into the protected person at a supermarket without any intention of breaching the order.
- Consent from the protected person: While this may seem like a defence, it is not usually valid in WA. Even if the protected person initiates contact, the order is still legally binding unless formally varied or cancelled by the court.
- False allegations: In some cases, a person may be wrongly accused of breaching an order. Evidence such as phone records, CCTV footage, or witness statements may assist in disproving the claim.
Defending an allegation of breach is not simple, and the consequences of being found guilty are significant. This is why it’s vital to seek guidance from an experienced family lawyer who understands the complexities of restraining order law in WA.
How Can A VRO Lawyer Help If A Restraining Order Is Breached?
If you are the protected person, a VRO lawyer can support you by:
- Advising on whether an incident amounts to a breach.
- Assisting with gathering and presenting evidence to the police.
- Advocating for stronger protections if breaches continue.
- Representing you in court if further proceedings are necessary.
If you are the person bound by the order, a lawyer can help by:
- Explaining your obligations under the order.
- Advising on the best course of action if you’re accused of a breach.
- Representing you in court to ensure your rights are protected.
- Assisting with applying to vary or cancel an order if circumstances change.
Restraining orders can be complex, and the emotional toll of dealing with them—whether you are the protected person or the respondent—can be significant. Having an experienced VRO lawyer on your side ensures you understand your rights, responsibilities, and options.
At Hickman Family Lawyers, Ella Hickman and her team regularly assist clients with restraining order matters across Perth, including when someone breaches a restraining order. Whether you need to enforce an order or defend against an allegation of breach, we are here to help.
Breaching a restraining order in Western Australia is not something the courts take lightly. It can result in criminal charges, fines, and even imprisonment. If you are dealing with a breach—either as the protected person or as someone accused of breaching—it’s vital to seek legal advice quickly.
At Hickman Family Lawyers, our experienced VRO lawyers in Perth can provide clear guidance tailored to your situation.
We offer a free 15-minute no-obligation information call, so you can take the first step towards understanding your options and protecting your future.
