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Why would
I get a Restraining Order?
If you or your property is threatened,
harrassed or intimidated and you are concerned that
it will continue, then you can apply to have a Restraining
Order taken out against the person concerned.
A Restraining Order is an order of the
court preventing the offender from behaving in a manner
that is intimidating or offensive. A Restraining Order
prevents the person from coming near you or your property.
It is a criminal offence to disobey the conditions
of the Restraining Order.
What is a
Restraining Order?
A restraining order is a Court order
to stop a person being near or contacting someone
else. Restraining orders are used to stop someone
being violent or threatening to someone else, or interfering
in their life. It is an offence to disobey a restraining
order, even if the other person consents. The penalty
is a fine or prison.
There are two types of orders Violence
Restraining Orders and Misconduct Restraining Orders.
For Domestic Violence, you cannot get a misconduct
restraining order. It is a good idea to take any evidence
you may have of the violence with you to the Court
when applying for the order, such as letters, photographs, recorded phone or SMS
messages, or other proof.
Violence Restraining Orders
A Court may issue a Violence Restraining Order if
satisfied that (unless restrained, the respondent
is likely to) :
- commit a violent personal offence against the
applicant; or
- behave in a manner that could reasonably be expected
to cause the applicant to fear that the respondent
will commit such an offence.
All Violence Restraining Orders include
a restraint prohibiting the respondent from being
in possession of a firearm or firearm licence and
obtaining a firearms licence.
How do I get a Restraining
Order?
Anyone over the age of 18 can apply for
a Restraining Order at a Magistrates Court. If you
are not yet over 18, a parent, guardian, police officer
or an adult can apply for a Restraining Order on your
behalf.
Applications for either type of order
can be made at a Magistrates Court or, if the respondent
is a juvenile, a parent or authorised person must
assist the child to make an application to the Children's
Court. Courts are open Monday to Friday, 9am to 4pm.
For legal advice or assistance, contact
your solicitor, the Legal Aid Domestic Violence Unit
on (08) 9261 6254 or (08) 9261 6320, your nearest
Community Legal Centre, Aboriginal Legal Service or
Women's Legal Service.
Police
Orders
In a crisis situation, police can issue
a 24 or 72 hour police order. A police order removes
the perpetrator of the violence from the house for
a period of time either 24 or 72 hours.
A 24 hours order can be issued without the consent
of a victim. A breach of a police order is a criminal
offence.
A 72 hour order is issued to give a victim time to attend a Magistrate court and apply for a Violence Restraining Order.
For more information about restraining
orders visit:
http://www.justice.wa.gov.au/R/restrainingorders.aspx?uid=0305-3472-2838-9586 or
http://www.police.wa.gov.au/YOURSAFETY/FamilyViolence/tabid/895/Default.aspx
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