What is a Restraining Order in Western Australia?
A restraining order is a court order in Western Australia that prohibits a person from engaging in specific behaviors or actions towards another person. These behaviours may include contacting, threatening, or approaching the protected person or their family members, or going to certain places where the protected person may be present. Violating a restraining order can result in criminal charges. Restraining orders are typically sought by individuals who have experienced domestic violence or harassment.
Who can apply for a Restraining Order?
In Western Australia, any person who is experiencing or has experienced domestic violence or harassment can apply for a restraining order. This includes, but is not limited to, spouses, partners, family members, and people who have had an intimate personal relationship. Additionally, a parent or guardian can apply on behalf of a child or a person who is unable to apply for themselves. Restraining orders can also be applied on behalf of an organisation that provides accommodation or support services to victims of domestic violence.
What legal steps are required for a Restraining Order?
In Western Australia, the process for obtaining a restraining order typically involves the following steps:
- Filing an application: The person seeking the restraining order (the applicant) must file an application with the court. They will need to provide information about themselves, the person they are seeking protection from (the respondent), and the details of the domestic violence or harassment that has occurred.
- Serving the respondent: The respondent must be formally served with a copy of the application and any supporting documents. This can be done by a court officer, the police or a process server.
- Temporary order: If the court is satisfied that there is a risk of further domestic violence or harassment, they may grant a temporary restraining order.
- Hearing: A hearing will be held to determine whether a final restraining order should be granted. Both the applicant and the respondent will have an opportunity to present evidence and make arguments.
- Final order: If the court is satisfied that a restraining order is necessary for the protection of the applicant, it will issue a final restraining order. The order will set out the specific behaviours that the respondent is prohibited from engaging in.
- Breaching the order: If the respondent breaches the restraining order they may be charged with a criminal offence and face penalties.
It’s important to note that the process may vary depending on the specific circumstances of the case. Legal representation is recommended for restraining order application.
Call Rebus Legal on 1800 732 875 and request a free 15-minute consultation to assess your situation in relation to restraining orders in one of our conveniently located offices in Victoria Park, Osborne Park or Joondalup.