It is the 21st century, and yet reports show that 1 in every 6 women and 1 in every 18 men experienced physical or sexual violence by a former or current partner. What’s sad is that this is just one of many statistics that signify the importance of restraining orders in Australia.
Thankfully, we at least have the right laws regarding restraining orders in the country and competent criminal damage lawyers who will fight for your justice.
But this raises the question of what exactly one should expect from these restraining order hearings. If this is the thought that has been worrying you, then you are in the right place. This blog will tell you everything you need to know about hearing about retraining orders in Australia. So, let’s get started!
Any person regardless of age and gender, who has been a victim of any form of abuse or violence can apply for a restraining order. It does not matter if the abuse is emotional or physical or even if you just feel threatened by someone; a restraining order can help. After you apply for the order at the Magistrate Courts, they will notify the respondent and set a date for the interim hearing.
For convenience, you can easily download the form for restraining orders from the Magistrate Court’s website. Another important thing to know here is that these orders are of different types, with each type having its unique procedures based on the severity of the matter. One simple way to make this more manageable is by seeking the assistance of restraining order lawyers Perth.
It is always better to start things on the right foot and prepare yourself for the hearing beforehand. Fortunately, you need not do much but just follow two simple steps for proper preparation, and these steps include:
The first thing you need to do is gather all the evidence to support your claim in the court of law. Do not leave out any form of evidence, be it digital or physical because every bit of proof counts.
The next thing you need to do is seek assistance from a professional criminal defence lawyer. These experts will not just guide you through the entire process but also help you build a robust case.
Hearings about restraining orders are generally held at the Magistrate Courts in Australia. These hearings generally go on sequentially, and here’s what you can expect from it:
1. Introduction and Opening Statement: The hearing will start with the court introducing both parties and giving both an opportunity to provide brief opening statements about their arguments.
2. Evidence Presentation: This is where all your evidence collection effort will yield results, where you will present all your evidence in front of the court. This might include presenting documents, testifying, or even calling witnesses.
3. Cross-Examination of Witnesses: After both parties have presented their evidence to the court, the opposing parties will cross-examine the witness. This might include things like challenging the accuracy or credibility of the testimony and asking questions.
4. Closing Arguments: The next thing that you can expect during the hearing is the court asking both parties to make their closing statements. This is your opportunity to summarize the case and justify why the court should rule in your favor.
5. Final Decision: After the court has heard both sides of the story, they will make the final decision to grant the restraining order or not. If the court does grant the order, it will make sure to add all the relevant terms and conditions. It will also highlight the consequences of breaching a restraining order, which could even include imprisonment.
Before you head out to get a restraining order, you must remember that this process can drain you emotionally and mentally. But if you understand and have a clear idea of what to expect from these hearings, things will become more manageable. So, use this information to your advantage and find the right lawyer to represent your case in court.