Restraining Orders & Breaches
Scerri Legal Perth Criminal Lawyers handle matters for both Applicants and Respondents.
What is the difference between a Violence Restraining Order and a Family Violence Restraining Order?
A Family VRO applies to those who are or previously were in a family and domestic relationship. This includes people you’ve had or have a personal/intimate relationship with as well as family members and children.
The court can make a family VRO in two ways:
The court must be satisfied that family violence has been committed against the person applying for the order AND secondly that family violence is likely to be committed against that person in the future (simply put, something has already occurred and something may happen again if the order is not granted); OR
The court must be satisfied that the person seeking a VRO has reasonable grounds to apprehend that a particular person will commit family violence against them (simply put, the person applying reasonably fears that violence will be committed against them if an Order is not granted).
Family violence is defined as being: violence (or the threat of violence) or any other behaviour that coerces or controls a family member or causes the member to be fearful.
On the other hand, a regular VRO applies in matters where the parties are not related or in an intimate relationship.
I need a restraining order to protect me, can a lawyer help me to obtain one?
I’ve been served with an Interim Restraining Order, what does that mean?
An interim VRO is put in place to protect the applicant in the period leading up to the matter being heard at court. The order comes in to force as soon as police serve a copy on you. The interim order being granted does not always mean there will be a final order made. It can often be the case that the court will not be satisfied a final order is necessary once all the evidence has been heard at a hearing. In that instance the court will dismiss the interim order and you are no longer restrained in your liberties.
Why is it called a Violence Restraining Order when I’ve never been physical with the applicant?
The Restraining Orders Act 1997 defines violence to include any behaviour that coerces or controls a family member or causes the member to be fearful. The behaviour does not have to be a physical act.
I have been charged with breaching a VRO; what happens now?
You should seek legal advice on whether you have a defence to the charge as there will be situations where you will not be criminally liable for the breach. Importantly, in certain circumstances, the law carries strict penalties for three breaches of a VRO and it is vital that you understand your position before entering pleas.