What is a Breach of Restraining Order in Western Australia?
In Western Australia, a restraining order, also known as a violence restraining order (VRO), is a court order that is put in place to protect someone from violence, threats of violence, or other forms of abuse from another person. A Breach of Restraining Order occurs when a person fails to comply with the terms of a restraining order. This can include, but is not limited to, contacting the protected person, going near their home or workplace, or engaging in other prohibited behaviour specified in the order. Breaching a restraining order is a criminal offence and can result in fines or imprisonment.
What are the steps in a Breach of Restraining Order in Western Australia?
The steps in a Breach of Restraining Order case in Western Australia can vary depending on the specific circumstances of the case, but generally, the process may involve the following steps:
- Report: The alleged victim of the breach of the restraining order must report the violation to the police.
- Investigation: The police will conduct an investigation to determine if there is enough evidence to charge the individual with a breach of the restraining order.
- Charge: If the police find enough evidence, they will charge the individual with a breach of the restraining order.
- Court appearance: The individual will be required to attend court for their first appearance. They will be advised of the charges against them and will enter a plea of guilty or not guilty.
- Pre-trial: If the individual pleads not guilty, a date will be set for a pre-trial conference, where the lawyer and prosecutor will discuss the case and try to reach a resolution.
- Trial: If a resolution is not reached, the case will go to trial. The prosecution will present evidence against the individual and the defence will present their evidence and arguments.
- Sentencing: If the individual is found guilty, the judge will impose a sentence, which can include fines or imprisonment.
It’s important to note that this is a general overview, and the specific steps may vary depending on the individual case and court procedures.
How can a lawyer help?
A lawyer who specialises in Breach of Restraining Order cases can provide legal representation and guidance to someone who is facing charges for violating a restraining order. The lawyer can help the individual to understand the charges against them and the possible consequences of a conviction. They can also review the evidence and develop a defence strategy, which can include arguing that the individual did not intend to violate the order or that the order is not valid.
The lawyer can also negotiate with prosecutors on the individual’s behalf, in an effort to have the charges reduced or dropped. If the case goes to trial, the lawyer can represent the individual in court and provide a strong defence.
Additionally, a lawyer can also help the individual to understand the legal process and ensure that their rights are protected throughout the case.
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.