A restraining order is a temporary or permanent court order against a person that prohibits them from committing inappropriate or violent acts against another person by placing limits on their actions. It is a domestic violence order made by a magistrate in court to provide protection to people in domestic violence circumstances. It is an official document that instructs an offender to stay away from the victim and put an end to the offensive behavior. You can apply for a restraining order if you are above 18 years of age.
You can make an application to the court for a restraining order to protect you from someone responsible for causing domestic violence against you, intimidating you or threatening you or your property. If you are suffering from domestic violence, you can take legal steps against the person and apply for a restraining order with the help of an experienced criminal defence lawyers Perth, a police officer, friend or family member or yourself. No fee is required for applying for a restraining order. The person against whom you seek protection may be one of your family members like your spouse, your partner, ex-partner, siblings, children, parents or someone with whom you have an intimate relationship.
Types of restraining orders
Restraining orders can be of two types.
- You can apply for a restraining order against one of your family members or an individual with whom you have a domestic relation.
- Another kind of restraining order can be against an individual with whom you are not in a domestic relationship.
Introduction of NDVOS
The NDVOS or National Domestic Violence Order Scheme was introduced to provide stronger protection to victims of domestic violence and to do away with any barrier to the enforcement of the order. If you are protected by this nationally recognized order, you can travel between states and territories while your restraining order remains applicable. Furthermore, it becomes easier for the police to prosecute the offender or victim for breach of the order even if they are located in other states or territories. Restraining orders under the NDVOS can also be enforced by the local police. When a recognized order is breached, the perpetrator will be penalized under the law of the state or territory.
How to apply for a restraining order?
To get a restraining order, you will have to lodge an online application. You can do this with the help of your criminal lawyers Perth or free Legal Aid service at the court and this is separate from the police investigation. While making an application you need to provide details of the abuse and harassment to the Court so that a decision can be taken. The form contains questions about what and when has it happened and what kind of protection you require. Then your application will be considered by the court and the court will decide whether a restraining order is necessary. It may take an hour to complete the application form. However, if you wish to fill the form yourself, you may seek legal advice criminal lawyers near me before you begin. Otherwise, for information and advice, you can get in touch with a domestic and family violence support service.
- Complete online application.
- Save, download and print the completed PDF form.
- Sign the PDF form as a statutory declaration in the presence of a lawyer, Commissioner for Declarations (Cdec) or Justice of the Peace (JP). However, there should be no false or misleading information in this application as this will lead to serious penalties.
- The application form along with all the attachments must be submitted at magistrate’s court. This application can be lodged either by a person or by post provided it has been signed at first by a JP, Cdec or lawyer.
- A few weeks after lodging the application form, you will get a court date to appear at the court. If you ask for a temporary restraining order on an urgent basis, in that case, your court date will be sooner.
- A copy of the completed application form along with a date to attend the court will be sent to the person against whom you are applying for a restraining order. The conditions mentioned in the order must be obeyed by the person who has committed the crime.
If you or one of your known persons is in danger and needs help urgently, dial (000) to call the police. A full protection order may take several weeks to get processed. You can apply for a temporary protection order if you are in danger at present.
Domestic violence in Australia
Domestic violence in Australia is a common scenario. In the year 2017, young women aged between 15 to 34 years accounted for more than 50% (53% or 11,000) of the total incidents of sexual abuse. They were 2.7 times as likely as women aged 35 years and above to have suffered violence from an intimate partner. According to some other findings, elder abuse helplines across Australia got more than 10,900 calls in 2017-2018.
Getting help from a lawyer
If you need legal advice regarding a restraining order, you can do so before or after filling your application form. Consulting a Best criminal defence lawyer would enable you to discuss your case in a detailed manner. They offer valuable assistance on the best legal move that is applicable in your case. Following an in-depth consultation, the experienced lawyers advise you on the court proceedings. They guide you about how to present yourself in front of the adjudicator. Scheduling an appointment in advance would allow you to spend enough time with the lawyer and help your case. This provides them an opportunity to analyze your case from all aspects and understand your situation in a better way. You should hire Restraining Order Lawyer Perth to get the best positive legal advice and to act on your behalf. Get in touch with them to get the best possible protection whatever the restraining order case may be.