If you are being attacked, harassed, or feel you are unsafe, that is not good enough. No one, and I mean no one, deserves to feel like they or a loved one is unsafe and threatened because of someone else’s behaviour toward them.
This is why restraining orders exist.
If you want to feel safe you can take out a restraining order against an attacker, stalker, or person you feel will become increasingly violent towards you. But how do you do it? On what grounds can I/you get a restraining order?
Don’t worry. We will answer these questions and much more in this article on how to get a restraining order. So please, maintain your dignity and safety and take out a restraining order on someone that you want to keep away from. The first step is to keep reading below.
What Is A Restraining Order?
First thing first, what is a restraining order and what is restraining order meaning? A restraining order is a legally binding order from either the Family Court or the Magistrates Court of Western Australia. The legally binding order makes it so that:
- The person can’t come within a certain distance near you.
- The person can’t contact you or attempt to contact you (in person, phone, SMS or social media).
Who Can Apply For A Restraining Order
There will always be circumstances to general rules of thumb where they will not apply. If you want to be certain whether you can apply for a restraining order, or not, you should book a consultation with a lawyer. However, the 3 typical people who can apply for a restraining order are:
- Someone looking and needing protection.
- A person legally responsible for someone who is in need of protection.
- Authorised support person/service provider (such as a lawyer) helping someone make an order online.
What Are The Different Types Of Restraining Orders?
Depending on your situation, and the severity of your harasser , you will need a different type of restraining order. There are 3 different types of restraining orders:
Type 1: Family Violence Restraining Order
To understand the family violence restraining order, or FVRO for short, you have to understand what “family violence” is. Family violence is a violent act, or threat of, that is conducted on another family member. Family violence can also includes behaviours that coerces, manipulates and controls another family member.
If violence has already been committed against you, you can ask the police over the phone for a FVRO because a criminal act has already occurred. As such, these orders only last for 3 months, and the person given the order can’t get in contact with you, even with your consent.
Otherwise, the best thing to do is to seek the advice of a legal professional. There is no fee for applying for a FVRO, so paying for the most appropriate legal advice is a great way to ensure the best outcome.
There are 2 things that qualify for family violence:
- Has the person been violent and have they made you feel unsafe, and you believe they will conduct family violence again.
- You think they will become violent and start conducting family violence in the future.
Type 2: Violence Restraining Orders
The second type of restraining order is a violence restraining order, or VRO. You can claim a VRO against someone who has:
- Acted in a way towards you that makes you scared or scared of something they will do.
- Has committed or you believe is likely to commit a violent attack on you, or someone you are legally responsible for (such as a child).
If the person in question that you wish to file the VRO on has already acted violently towards you, you should call the police and ask for a criminal incident report number.
If they are yet to act violently towards you, you should hire a legal professional so you can secure the restraining order and it does not get overturned.
Type 3: Misconduct Restraining Order
A misconduct restraining order, or MRO, is a little more loose and applies to more people with less severe consequences. An MRO stops someone who is:
- Intimidating you or a person you are legally responsible for.
- Acting offensively to you or someone you are legally responsible for.
- Likely to damage something that is yours or your property.
- Likely to commit a breach of the peace.
MROs can only be applied and granted to someone recognised by police or the courts as a “vulnerable person”.
It costs money to lodge a MRO with the courts, so if you want to make sure you do it right the first time, and don’t waste your money, use a legal professional.
Where Can You Apply For A Restraining Order?
When you apply for a restraining order, you can apply either online, or in person.
Application Made In Person
You can hand deliver your application. Usually, the application is submitted to the Magistrates Court, for all criminal like matters.
However, if the application is made by or for a juvenile, it is made at the Children’s Court or Family Court.
Applications Made Online
This way of applying for a restraining protective order is designed so people do not have to attend court, or not nearly as often.
The restraint orders do however need to be made by an approved legal organisation. You cannot apply for the restraining order by yourself.
To apply for a restraining order online today, make sure you contact your legal professional.
The Best Way To Get A Restraining Order
Don’t let Google search stand in as your lawyer. The information out there is incomprehensive and untrustworthy.
So how do you find a lawyer you can trust and rely on? With so many law firms in Perth, it can be hard to find one who will understand and listen to your situation.
Savannah Legal offers a free 1 hour consultation and we take the time to understand your situation, concerns and needs, before providing you with a legal plan outlining your options. Our goal is to give you affordable legal advice while lifting a burden off your shoulders. Book your free consultation today.
If you still have questions, such as; “how much does a restraining order cost in Australia” and “can you get a restraining order for harassment”, we can help.