A relationship breakdown is a challenging time, especially when violence and children are involved. Even if you know the choice to apply for or object to a Violence Restraining Order (VRO) is right for you, you want to ensure your and your children’s rights are protected. That’s why it’s important to have an experienced, understanding lawyer on your side, one who can negotiate the best outcome for you and your children.
We have been providing Restraining Order services since 2005. Our lawyers are skilled negotiators, and where possible we endeavor to settle disputes outside of court. We do our best to save you time, money and stress.
We take a simple approach in our practice: dedicated service, expert advice, and respect.
To find out what we can do for you, contact us today for a confidential consultation with one of our dedicated lawyers in Perth.
VIOLENCE RESTRAINING ORDERS
A violence restraining order is an order of the court made to protect the applicant or vulnerable person by placing specific restraints upon the behaviour of the respondent.
An applicant may apply for a violence restraining order and an order may be made by the court if there has been an act of abuse and the parties were or are in a family and domestic relationship. That means:
- they are or were married to each other;
- they are or were in a de facto relationship;
- they are related to each other;
- they have been in an intimate personal relationship; and
- they have been or are in another type of personal relationship with each other.
A violence restraining order may be made by the court if it is satisfied that:
- the respondent has committed an act of abuse against the applicant;
- the respondent is likely again to commit such an act against the person; or
- that the person seeking to be protected (or a person who has applied for an order on behalf of that person) reasonably fears that the respondent will commit an act of abuse against the protected person.
“Act of abuse” includes behaviour such as:
- assaulting a person;
- causing injury to them;
- kidnapping or depriving a person of their liberty;
- damaging a person’s property;
- injuring or killing an animal belonging to them;
- behaving in an ongoing manner which is intimidating, offensive or emotionally abusive towards the applicant;
- pursuing the applicant or causing them to be pursued (or engaging in stalking type behaviour) in a manner which is intimidating;
- threatening to commit any of the above acts; and
- encouraging or requesting another person to carry out any acts described above.
The applicant must provide evidence to the court to show that the respondent has either committed an act of abuse and is likely to do so again or that he or she reasonably fears that the respondent will commit an act of abuse.
Section 11 A of the Restraining Orders Act 1997 (WA) sets out that an applicant may apply for a violence restraining order to protect a child or some other vulnerable person from the respondent.