Getting any legal document handed to you feels not only frightening but also confusing. And when you get a restraining order, you must follow all the guidelines mentioned in it. If by any chance you disobey them, you can be put in jail. This is because in Australia, breaking such orders is considered a crime. But do not worry, keep reading as we will share with you exactly what you need to do once you get served with such papers.
Below are some of the different types that may be issued depending on the situation-
Each of these comes with its own set of rules that one must follow. However, all of these are issued to impose behavioural limits.
This is usually issued by the court if your behaviour has intimidated someone, was offensive or resulted in a fight.
These orders can include various restrictions designed to prevent further issues.
Courts may include conditions such as:
If the court comes to believe that you are a threat to the person or not fit for a public setting, it can prevent you from visiting places you normally have a right to access.
Once served with such an order, make sure that you read every single detail thoroughly and get in touch with a good restraining order lawyer Perth.
Once you get handed the order, it means you have officially received the legal documents from the court or police. From that moment, the restrictions may already be active.
Important things that happen next:
If you skip the documents or do not attend court hearings, it is quite possible that you can be imprisoned.
Being served with a restraining order does not necessarily mean the order will become permanent. You may have several options available.
If you wish to avoid going to court, then you can accept the conditions stated in the document. But accepting does not mean that you are admitting to having committed a crime.
You can challenge the conditions in court if you feel that they are unwarranted and incorrect. You must object and request a hearing within 21 days of receiving your order. During the court proceeding, you will be asked to provide evidence and argue your case.
If circumstances change, you may apply to the court to:
Legal advice is strongly recommended before taking any of these steps.
The duration of a restraining order depends on the type of order and the circumstances.
Courts commonly issue orders for:
However, courts can change the duration if there are strong reasons to do so.
One of the most important things to understand is that breaching a restraining order is a criminal offence in Australia.
If you by any chance disobey any condition mentioned in the order ot can lead to-
Once you get a restraining order in your hand, you can protect your rights and legal position by acting carefully.
Below are some of the things that you must do immediately after getting served:
By taking these steps, you will be able to avoid breaches and respond in court with confidence.
Receiving any type of restraining order is a stressful experience. But being calm is quite important in tackling such situations. Once you receive such an order, make sure that you read the guidelines thoroughly and get help from top criminal lawyers Perth to approach the situation with confidence and protect your rights.