A VRO (Violence Restraining Order) is a difficult thing to challenge in WA and overturn, but one must have enough evidence and professional help to do so. To illustrate, a restraining order lawyer who knows how to restrain orders would be invaluable at least at the beginning of the VRO challenge process because, at that stage, the main concern of the Magistrates’ court is whether the person who is being kept safe will be safe and whether there is still a need to have the VRO in place.
The first thing you need to do is to find out what kind of evidence will be acceptable to the Magistrates Court.
Western Australia Violence Restraining Orders are governed by the Restraining Orders Act 1997 (WA). VRO may be granted in a case where the court is convinced that the individual has or is likely to commit an act of violence.
Abuse may be either physical violence, threats, intimidation, stalking, property damage, or emotional violence.
Being aware of the kind of evidence that the court will take into consideration will enable the respondent to focus on what will actually convince the court to dismiss the case instead of guessing or making emotional assertions.
This objection depends upon your evidence. You will have to provide a clear and coherent explanation of what occurred and answer the allegations in the application directly.
The Magistrates will take into consideration:
Your objection can be invalidated by inconsistencies or ambiguity in answers.
Where the VRO application includes claims of damages to property, e.g., damaged vehicles or household goods, the evidence can include the following:
In these cases, legal advice from a criminal damage lawyer may be applicable, especially in cases involving criminal damage charges.
VRO cases are often done via electronic communication. These may include:
Every piece of communication has to be put into context. Screenshots or edited messages are refutable and produce little weight.
Witness statements that are independent can be extremely effective. These may include:
Witnesses are not to talk about opinions but facts. Courts attach more importance to direct observations over character references.
CCTV footage, photos, or audio recordings can be objective and therefore conclusive. This evidence may:
These records can assist in your objection in case the police were on the scene of incidents or attending to complaints. The fact that no charges were pressed or complaints were dropped may be relevant.
In some instances, the respondents are already facing charges related to the same issues, and advice from criminal lawyers Perth is necessary to maintain consistency between criminal and restraining order hearings.
Once a VRO is ordered, it becomes a mandatory order to follow. Even an accidental violation of the order can have disastrous results, including penalties for breaching a restraining order.
Violation of the conditions of a restraining order is highly penalised by the courts of WA, and, therefore, it is imperative to abide by all the conditions of the order.
Opposing a VRO does not simply require arguing against the charges but presenting well-structured and credible evidence that satisfies the legal provisions of the law in WA.
The cases are evaluated on a case-by-case basis, and the results largely rely on the quality of evidence presented in court.
A good understanding of the legal standards and the systematic approach to the evidence is necessary to successfully object to a Violence Restraining Order in Western Australia. Clear and direct evidence, which is backed by independent verification and is documented, can be the difference between success and failure.
By following the advice of a restraining order lawyer Perth, respondents can make sure that their objection is based on credible evidence and is consistent with the expectations of the Magistrates Court.