Restraining Order Matters

Have you been served with a restraining order?

If you have been served with a restraining order it is important not to ignore it.

If you do, you risk being the subject of a criminal prosecution.

We strongly advise you to seek immediate legal advice about your options of resisting the order.

What is a restraining order?

There are three kinds of restraining orders in Western Australia, and they usually direct someone to stay away from someone else, where it has been alleged that they committed family violence or personal violence, made threats to a person or property, harassed or intimidated a person.

What are the different types of restraining orders?

A Family Violence Restraining Order (FVRO) will apply if the person seeking the order is/was in a family relationship with you – e.g. married, de-facto partners, ex-partners, related to each other (including by culture or kinship) or otherwise in an intimate or family-type relationship.

A Violence Restraining Order (VRO) will apply if the person seeking the order is not in a family relationship with you – e.g. a work colleague, friend or neighbour.

A Misconduct Restraining Order (MRO) will apply if the person seeking the order alleges that you are:

• behaving in a way that could be considered to be intimidating or offensive
• damaging their property or
• breaching the peace.

What will happen next?

If someone has made a restraining order against you, the Court may issue a summons directing you to attend Court to hear the application made against you.

You have the right to contest the order before a Magistrate at the Court hearing.

Remember, it is always better not to have the restraining order in effect. Even if you do not want to have any further contact with this person, you may happen to run in to them at the shopping centre or local restaurant.

Innocent contact can still be found to be a breach of the restraining order, resulting in criminal charges.

Penalties may include fines and imprisonment

What should I do next?

We recommend that you engage the services of an expert legal representative.  An expert in restraining order matters will have a better chance of defeating the order made against you or negotiating an order that you are more easily able to obey. In some cases it is also possible to obtain a reimbursement of your legal costs.

At Timpano Legal we have a proven successful track record in having these matters either resolved out of Court or discontinued before a Magistrate.

Call us now for a free 15 minute initial consultation on 9221 7777.