How Long Does A Restraining Order Last In Australia?

March 16, 2023    criminaldefencelawyersperthwa
How Long Does A Restraining Order Last In Australia?

Restraining orders is a painful but necessary legal procedure. Assume someone is violent to you, threatens your property or you, intimidates you or harasses you. And you are afraid that the misappropriate behavior will continue. You can apply for a restraining order with a restraining order lawyer at the nearest Magistrates Court. However, obtaining a restraining order can sometimes be difficult, especially when time is of the essence.

What Types Of Restraining Orders Are Available In Australia?

The Restraining Orders Act 1997 defines three types of restraining orders in Australia. (FVROs) or Family Violence Restraining Orders, Violence Restraining Orders (VROs), and MROs or Misconduct Restraining Orders are all types of restraining orders (MROs).

  • An FVRO applies to people who are or have been in a domestic relationship, including people in couple relationships or dating.
  • VROs and MROs apply to individuals who do not share a family relationship. A VRO or MRO cannot be obtained against a family member or ex-partner.
  • An MRO prevents public disturbances and “nuisance” behavior, whereas FVROs and VROs are responsible for more severe acts of violence and abuse.

How Do I Obtain A Restraining Order In Australia?

The procedure is the same throughout Australia. In most cases, the applicant submits a written application to the court, which is then processed. However, they then enter the courtroom and, from the witness box, give sworn testimony to the magistrate.

Sometimes, the court will issue an “interim restraining order,” a temporary one. A final restraining order will never be issued unless the other party has been informed of the situation and has had an opportunity to express their side of the story.

The defence lawyer in Australia can help register in all states. So, if you’ve moved to Australia from another state and have an Domestic Violence Order (DVO) or Apprehended Violence Order (AVO), it can be registered and enforced here.

What Evidence Do I Need To Obtain A Violence Restraining Order In Australia?

You must demonstrate that:

  • A “family violence” or “personal violence” incident occurred and is likely to happen again, or
  • The person in need of protection has a reasonable fear that an act of “family violence” or “personal violence” will occur.

It would be helpful if you demonstrated that the order is appropriate in the following situations. Sections 5A and 6 of the Restraining Orders Act define “acts of abuse” and “acts of violence,” which cover a wide range of behaviors. Children who witness family or personal violence may be subjected to restraining orders.

The court will decide what is “appropriate in the circumstances” based on the facts of each case. Since, the court may consider factors such as the restrained persons’ need for accommodation and the potential hardship the order may cause them.

Sections 10F and 12 of the Act list the factors. When considering an FVRO, it is assumed that the order will be appropriate unless exceptional circumstances exist.

How Long Does It Take To Obtain A Restraining Order Against Violence?

It is usually swift. Many Courts will hear an application on the same day or within a few days of filing. The first part of the case is frequently heard without the presence of the opposing party. When this occurs, it is called an “ex parte hearing.”

Even though the court can act quickly, there may be times when it is impossible to get to court. For example, if you are in a situation where your or a household member’s safety is in grave danger, you should seek police assistance immediately. Also, make sure you know What Should You Do If Your Restraining Order Is Infringed.

Depending on the circumstances, the police may issue a temporary restraining order, known as a Police Order, that can last between 24 and 72 hours. This frequently provides enough time and protection to get to court and obtain a complete restraining order.

What Occurs During A Restraining Violence Order Trial?

The court evaluates the current situation, noting that things may have changed since the initial application. Although an interim restraining order was requested. However, it may no longer be appropriate when the parties are trialed. Alternatively, the relationship’s problems could have gotten worse.

The trial is a formal occasion. The rules of evidence are in effect. Each party may hire a criminal lawyer in Perth to represent them. Each party has the right to call witnesses and cross-examine the other party and its witnesses.

Since, after hearing all the evidence, the court will dismiss the application or issue a final restraining order on modified or similar terms. The court may also award costs to the prevailing party. Though the circumstances under which a court will make such an order against an applicant are rare.

What Is The Duration Of A Restraining Order?

The length is usually written on the restraining order.

If no duration is specified, it is assumed to expire on the date, two years from the trial date or the date of the interim order if no trial was held. You should seek legal counsel from criminal defence lawyers in Perth if you are still determining when an order will expire.

How Do I Modify Or Terminate A Restraining Order?

A person protected by a criminal defence lawyer may cancel it anytime without having to notify or involve the restrained person. The protected person is usually required to appear in court and give evidence. The judicial officer must be satisfied that the secured person is cancelling the order of their own volition and is aware of its consequences.

If there is a good reason, the terms and conditions of a restraining order can be changed. The variation can occur through mutual agreement or an application by either party. A written application must be filed in each case, and the court must issue the order formally. If no agreement is reached, the court will hold a hearing to determine whether any changes should be made.

Suppose the restrained person applies to vary or cancel a restraining order. In that case, they must attend the hearing and persuade the court that they have an arguable case before being allowed to proceed to a full hearing.

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