What is an Assault Occasioning Bodily Harm order in Western Australia?
An Assault Occasioning Bodily Harm (AOBH) order is a type of restraining order that is issued in the state of Western Australia. It is typically issued as a result of an incident in which a person has been physically harmed by another person. The order is designed to protect the victim from further harm by placing restrictions on the perpetrator’s behavior, such as prohibiting them from contacting or approaching the victim. The order is issued by a court and can be imposed for a specific period of time, or indefinitely.
What are the steps in an Assault Occasioning Bodily Harm order in Western Australia?
The steps involved in obtaining an Assault Occasioning Bodily Harm (AOBH) order in Western Australia can vary depending on the specific circumstances of the case. However, generally speaking, the process typically includes the following steps:
- Report the incident to the police: The victim of the assault must report the incident to the police. The police will then investigate the incident and may arrest the perpetrator if they have enough evidence.
- Apply for a restraining order: The victim can apply for a restraining order through the court. This can be done by filling out a form and providing information about the incident and the perpetrator.
- Hearing: A hearing will be held in court where the victim and perpetrator can present evidence and argue their case.
- Decision: The judge will make a decision based on the evidence presented and will either grant or deny the restraining order.
- Enforcement: If the restraining order is granted, the perpetrator must obey the terms of the order or they may face penalties, such as fines or imprisonment.
- Review: The restraining order will be reviewed on a regular basis to ensure that it is still necessary.
It’s important to note that the exact process can vary depending on the specific court, the evidence available and the severity of the case.
How can a lawyer who specialises in an Assault Occasioning Bodily Harm help?
An Assault Occasioning Bodily Harm lawyer can help by providing legal representation and guidance to someone who has been charged with this crime. The lawyer can help to review the evidence against the individual, advise them of their legal rights and options, and develop a defence strategy. The lawyer can also negotiate with prosecutors to potentially have the charges reduced or dropped, and represent the individual in court if the case goes to trial. Additionally, a lawyer can also help to mitigate any potential penalties or consequences that may result from a conviction.
Rebus Legal can provide advice and act for you in these matters. Call our 1800 732 875 number and take advantage of a free 15-minute consultation.