fbpx
Your selected location:
  1. Home
  2. /
  3. Criminal Lawyers Perth
  4. /
  5. Restraining Order

Our family and criminal lawyers regularly advise and represent clients across Western Australia, when applying for a restraining order, or defending an application. Our team is familiar with the laws, procedure and strategies that can put you in the strongest possible position to either keep yourself safe in any application you make or to respond to unwarranted and unfair applications you may have had made against you. Our lawyers can also utilise advocacy skills when necessary.

WHAT IS A RESTRAINING ORDER?

A restraining order is legal instrument which restrains certain types of behavior in a particular person. A restraining order is not a criminal conviction and is not recorded on your criminal record.

A restraining order is not proof that the person restrained behaved in a certain way, or that they did anything wrong, and it isn’t a finding of guilt. However, you need to be aware that if the application for a VRO is opposed and the matter is heard at trial, the court might make certain findings that could impact any family court proceedings you might have on foot now or in the future. Contact us for more information about this.

It is a criminal offence for the person bound by the restraining order to breach any condition contained therein. It is an offence that can result in imprisonment, and a conviction for breaching a restraining order does appear on a criminal record.

MAKING AN APPLICATION FOR A RESTRAINING ORDER

Will I get a restraining order?

The answer to this question depends on your circumstances, and your relationship to the person against whom you want the order. There are a few different sorts of orders the court may impose, and it depends on the circumstances specific to you.

Contact us to discuss your circumstances and the appropriate order to seek. Our team can also advise you on how to get that order.

Types of restraining order matters with which we can assist you include:

  • Family Violence Restraining Orders (FVRO’s)
  • Violence Restraining Orders (VRO’s)
  • Misconduct Restraining Orders (MRO’s)
  • Interim ex parte applications (when you need an order urgently)
  • Final Order Hearings (Trial Hearings)
  • Negotiation of undertakings and conduct agreements and VRO’s or MRO’s by consent (to avoid a trial)
  • Applications to vary restraining orders or to vary conduct agreements
  • Costs applications against unsuccessful, frivolous or vexatious applications
  • Safety planning and safety referrals (e.g. to refuges and other organisations)

Applying For a Restraining Order

In addition to representing you in court during the restraining order process, we also provide comprehensive and practical advice about safety planning, your options for a negotiated settlement (like an undertaking or conduct agreement), and the effect that will likely have on your individual circumstances. Even if you don’t want to go to trial, you can still rely on our expertise to negotiate a resolution outside of court.

IMPORTANT: if you are in immediate danger, please call 000 before anyone else.

How easy is it to get a restraining order (VRO)?

If you need a VRO, we can help. Often, you will need a restraining VRO quite quickly. Please contact us any time to discuss this. We can help you get an application before the courts very quickly.

The process for obtaining one is by first preparing a written application, and then attending court to explain to the Magistrate why you need one. He or she will then consider whether to make what’s known as an “Interim Order”.

This might seem daunting, but we can help you every step of the way.

After the interim order is made, the court will give the respondent 21 days to object to it. If the respondent doesn’t object, the order becomes final. If they do, the matter must be heard at a “Final Order Hearing”, which is essentially a trial. We can represent you at the trial, and provide advice throughout the entire process. We can also speak to the other side on your behalf, so you don’t need to communicate with them.

What does a restraining order cover? What restrictions could be imposed?

The court will decide what conditions are appropriate.

You can ask the court to impose conditions that restrain:

  • how the respondent behaves towards you
  • whether and how the respondent may contact you, and
  • whether and how close they may approach you, your home, where you work or study
  • what the respondent can publish and share on the internet.

There are other things the court may restrain. Please contact us to discuss your specific circumstances and what sort of conditions the court could be asked to impose.

How our team has helped clients recently:

  • Obtained an FVRO for a husband who had been subject to domestic violence in circumstances where the Magistrate clearly stated that he did not want to make the order but felt he had no choice after hearing the evidence and submissions made.
  • Obtained an FVRO where the person restrained had access to firearms that were missing and could not be located by police. The client had been turned away once at the local court as they were at capacity. Perth Magistrates Court tried to turn us away as they were at capacity but we convinced the counter staff that the matter was too serious and had to be heard immediately.
  • In circumstances where the other party objected to the making of a VRO, we successfully negotiated a “Conduct Agreement Order” to protect our client from family violence without the need for a stressful and costly trial. 

RESPONDING TO AN APPLICATION MADE AGAINST YOU

Restraining orders can impact where you can go, what you do, where you live and even whether you can see your children. It is important to get sound advice from experienced, specialist lawyers about your restraining order matter. This can save you time, money and stress.

If you wish to defend your position at a final order trial hearing, you will need proficient counsel with regular trial experience. Unlike many other family law or generalist law firms, we have the experience and the expertise to represent clients who require trial representation at a final order trial hearing, without having to brief the matter out to a barrister at additional expense to the client. This can save you cost and time during what is often a very stressful and emotional time.

There are strict time restraints on defending an application, so please contact us immediately.

Will I have to go to court?

If you are the respondent in an application for a restraining order, you need to go to court, or retain a lawyer to represent you. If you don’t, the court can make the order without hearing from you.

If you are the applicant, you must go to court or retain a lawyer to represent you. If you don’t, the court might dismiss your application.

Will the restraining order be public record?

No. These proceedings are heard in a “closed court”, but if you breach one then that becomes a criminal charge. That charge (and the proceedings relating to it) will be heard in open court and will appear on your criminal record.

Dos and don’ts in the meantime

Do

  1. Get legal advice! Especially if you have family court proceedings (or potentially will do in the future). These proceedings can have an enormous impact on your family court applications, so it is important to get quality advice at the earliest opportunity on both the VRO proceedings and their impact on any family court proceedings. Contact us so we can help you navigate through this process.
  2. Seek advice as soon as possible. There are some strict timeframes in these proceedings, so the sooner you act, the better.
  3. Keep all paperwork that relates to these proceedings.
  4. Keep a diary and note any contact you have from the other party.
  5. Cease all contact with the other party, if that’s what the order says you must do. Contact us if you are unsure what your order means.

Don’t

  1. Contact the other party, unless you are certain your order permits it. Contact us if you are unsure what your order means.
  2. Stress out about it. Contact us instead, and discuss what the order means for you, and what your next steps are.
  3. Respond to any contact from the other party, if the order doesn’t permit it. Just keep a record of the contact and call us if you are unsure.

If you would like help now to understand the systems and processes involved in violence restraining order matters, please contact our team today.

How our team has helped clients recently:

  • A client sought our representation after being served with a VRO against him. As a result of our strategic advice, the court dismissed the VRO without the need for a trial, saving our client from the cost and inconvenience of preparing the matter for trial.
  • Saved a client from having to pay a significant amount in legal fees by successfully defending an application for costs in a restraining order matter. The court agreed with our submission that the application for the restraining order was not “frivolous or vexatious” and rejected the other party’s application for costs. Our client was not ordered to pay any of the other side’s legal costs, despite withdrawing the FVRO.
  • Represented a client charged with his third breach of a restraining order (which activates mandatory imprisonment provisions), and was able to successfully negotiate with the prosecution for the discontinuance of one of the charges, thereby avoiding the mandatory imprisonment provisions. Our client instead received a fine, and – after a persuasive plea in mitigation – had his conviction declared as spent for the second time, and for the same type of offence.

HOW CAN OUR FAMILY AND CRIMINAL LAWYERS HELP?

Our team offer quality legal advice. To find out what we can do for you specifically, please contact us. We have offices in Perth, Joondalup, Mandurah, Bunbury and Albany, but have experience representing and advising clients throughout regional and remote areas in WA. 

*This is general information only, and does not constitute specific legal advice. Please consult one of our experienced Legal Team for specific advice relevant to your situation.

Contact Us

Want to know more? Let’s Chat.

  • By clicking submit you agree to our Privacy Policy

Supporting Western Australians for more than 100 years

"Always fast and thorough service. Thank you"

Sitka

My circumstances at the time I made contact with HHG were dire following my argument being rejected by two no win no fee firms. Following my initial meeting with HHG's employment law team I was left feeling extremely positive by the response and concern shown by HHG in regards to their support of my argument along with their preparedness to pursue an outcome on my behalf.

I accept the fact that nobody really wins in these cases (mental health/ workplace) however the end result was what would be considered most favourable and far in excess of what would have been achieved had I not sought the advice from HHG.

I have no hesitation in recommending HHG to anyone caught up in the messy circumstances I found myself in at the time.

Great advice and five-star commitment to their client!!"

Nathan

"Thank you for such great assistance with the transaction of Flying Domestics on behalf of Lorna Good. It has been such a pleasure to work with the HHG Legal Group and I look forward to working with you in the future."

Jim

"Simon Creek and his team were at all times empathic, professional and confident.  My matter needed to be addressed within a pressing time frame, and their availability at short notice and contact after hours was much appreciated.  It caused me considerable stress, but having such a thoroughly reliable and competent team to call on helped me to feel in control. Although I hope not to need their services again in future, I would be confident in doing so!"

Lana

"A good outcome is what we can expect.  A great outcome is a sign of a company which does the very best for their clients. A very big thank you to Daniel Morris for showing empathy towards my small and much needed legal action.

To HHG Legal Group, thank you for a great outcome.  I would recommend your company to anyone seeking legal services."

Jan

"Your support this morning was amazingly kind, not to mention your totally reassuring competence, knowledge and wisdom that you used on my behalf.  It was extremely reassuring to have your knowledgeable support, and I particularly appreciated your real and obvious kindness to me. It means so much at a very difficult time. I'm so grateful to you."

Family Law Client

"Janene was very professional and we established a good rapport quickly. The subject of death and wills can be quite confronting to deal with, however, Janene's approach was soft and accommodating."

Lynette

"A big thank you to HHG for their professional service, continued support, and wide range of legal knowledge. Our clients have given us nothing but kind words regarding HHG Legal Group and so we have no hesitation in referring and recommending Simon Creek and HHG Legal Group for their outstanding services and legal expertise."

Nigel

"Simon is a friendly and practical legal advisor. I have received great feedback from the clients I have referred to him and his team at HHG Legal Group."

Richard

"Over the last few years, I have been impressed by Simon’s legal ability, management skills, entrepreneurial spirit, personal integrity and people skills. He appears to be that rare breed of lawyer – both knowledgeable and commercial."

Michael

"Our family has been a client of HHG Legal Group over many years.  Business has included drawing up of wills for three generations and preparing of probate for my father in law. I would have no hesitation in recommending HHG Legal Group to anyone requiring such services."

Bernice

"You should be congratulated for the manner in which your staff address clients and we found our dealings with your company, once again a very pleasant experience and we would like to truly thank you for your efforts."

Steve and Jane

"HHG Legal were absolutely fantastic. Extremely responsive and brought calm to our chaotic family situation through their knowledge and caring attitude. Extremely professional from our very first contact with them and they expertly guided our family though the required legal process over almost a 12 month period."

Amanda

"Fantastic team! They really care about their client. Tim Colcutt is a 'go that extra mile' guy who gives his client his all. I can't recommend HHG and Tim enough."

Kerry

"I had a fantastic lawyer in Matthew Lilly. He helped me out a great deal with good, sound advice in a friendly, professional manner. First class, thanks Matthew"

Graeme

"Marine Plant Systems has been working with HHG Legal Group for a few years now and they continually provide first-class service. Their professional advice has been invaluable to our company."

Carolin

"We were kept up to date at all times. Pricing was always updated over the time period so we remained "in budget". Personal access to someone whenever I had questions. All in all a great experience without too much fuss."

Rosslyn

"Good service you can count on."

Miles

"HHG Legal Group has provided outstanding support as I have taken the journey of buying a business, their professionalism is beyond reproach. Their assistance throughout the Due Diligence process has been invaluable, I would fully recommend them."

Mark

"Very friendly and efficient service - what a pleasure working with Matthew."

Jacques

"I highly recommend Daniel from HHG Lawyer in Mandurah. When dealing with a complicated legal property matter recently I was extremely impressed by Daniel's honesty and integrity and the legal advice I received. I am very happy with the service from HHG Legal."

Tony

Select your location:

Please select your nearest office location so we can show you the most relevant information.