Discover the legal consequences of violating a restraining order in Australia. Learn about penalties, defence strategies, and how experienced criminal defence lawyers can guide you through this complex process.
Restraining orders can sometimes be a lifesaver in this world where good and bad exist together. Data shows that one in four Australian women fall victim to adversities like domestic violence in their lifetime.
This is why we have criminal lawyers in Perth who help ensure effective protection for people with restraining orders. Any person who dares to violate the terms of these orders faces harsh legal consequences.
In this blog, we will learn more about these orders and help better navigate the legalities of this entire thing. So, let’s dive in without any further ado!
The Restraining Order Act 1997 governs every detail about these orders within the border of Australia. These orders come from the court and prohibit one person from approaching or contacting another.
Restraining orders are a common tool that helps safeguard the interests of the victims of stalking, domestic violence, and even harassment. There is no denying that the terms in these orders can vary greatly. However, some of the most common conditions restrict the following:
Approach: Restraining orders might prevent one person from approaching a certain distance from the protected person. This often includes their workplaces and home locations.
Contact: Another common restriction in these orders prohibits one person from contacting another. This includes all forms of contact, such as calls, emails, text messages, or even social media.
Property: In most cases of property restrictions, you will find conditions that prevent you from accessing your property. The primary intent here is to prevent the accused from causing any damage to the protected person’s property.
The penalties for restraining orders can be critical in Australia since it is considered to be a criminal offence. That said, let’s take a closer look at some of these consequences and understand what they mean:
Fines: Of course, fines are the most common consequence for violating the terms of a restraining order. These fines are quite substantial and can land people in great trouble.
Imprisonment: In cases of more severe offenses, you might even get imprisonment for breaching a restraining order. The severity and duration of these imprisonments can vary greatly depending on different factors.
Suspension of Driving License: Suspending your driving license is a common consequence of breaching the terms of a restraining order. This will prevent you from operating any vehicle in the country, which further retrains your mobility.
Strict Bail Conditions: In cases where the police arrest the guilty party, getting bail might not be that easy. This could attract serious bail conditions that increase your stay or even lead to other adverse consequences.
When someone issues a restraining order against you, things can spiral quite quickly, and you have to manage all the legalities. This makes it very important that you find and leverage the competence of a restraining order lawyer Perth to get things in order. That said, here are some of the most reasonable explanations for why you need a lawyer in these cases:
Building Proper Defence: The primary reason to get a lawyer is to build a robust defence against the charges. You must work with the lawyer to understand these charges and even challenge the order’s validity. This also allows you to argue that the violations from your end were unintentional.
Assessing the Charges: Understanding all the relevant charges is very important in cases where restraining orders come into question. A competent lawyer will help review all the charges and determine if the prosecution has a strong case against you.
Representation in the Court: You will certainly need a lawyer to represent your side in
the court of law. These professionals will also advocate for your rights throughout the entire legal ordeal.
Negotiating a Plea Bargain: The final reason to get a lawyer here is to negotiate a plea bargain with the prosecution. This might help you get a lesser sentence and even reduce charges in certain cases.
In conclusion, we would like to say that violating a restraining order in a country like Australia is no matter of joke. If anything, this is a very serious criminal offence that can land you in serious trouble. So, make sure you leverage the information and get proper legal counsel from a trusted lawyer.