Sexual abuse, stalking, harassment, and domestic abuse affect countless individuals. If you want to safeguard yourself from an abuser, you might have to obtain a restraining order from a court. This article will teach you all you have to learn regarding restraining orders and how you can obtain one.
What Is A Restraining Order?
A restraining order, also known as an order of protection, is a court ruling designed to safeguard an institution, place, nation, country, organisation, corporation, item, or person, as well as the broader public, from suspected sexual violence, stalking, harassment, assault, child violence, or domestic abuse. Each country has some domestic abuse restraining order statute, and several countries also have stalking and sexual assault restraining order legislation.
Moreover, the regulations governing personal security and restraining orders differ from one state to another. Nonetheless, all specify who may petition for an order, what security can be obtained from such an order, as well as how the rule will be implemented. The court will order the opposing party to desist from doing specific activities or comply with specific restrictions. Failure to abide is a breach of the order, which results in the offender’s investigation and imprisonment. Violations could also entail civil or criminal contempt of court in certain jurisdictions.
Contesting A Restraining Order
A restraining order doesn’t represent a criminal prosecution in and of itself, but it may have a catastrophic impact on your life and should be handled accordingly. Typically, you will be issued an intermediate restraining order that you may fight before it becomes a permanent order. Every restraining order has its own set of rules and circumstances that will govern how you dispute it. Furthermore, appealing a restraining ruling may be difficult, so finding legal counsel, whether from a community legal centre or a family lawyer, is highly advised.
There are three forms of restraining orders, each with its own set of processes.
- Misbehaviour restraining order
- A restraining order against family violence
- A restraining order against violence
What Is Prohibited By A Restraining Order?
The accused’s offence will identify the nature of the activity barred by a restraining order. Restraining orders may include the following:
- keeping a specific distance from somebody
- staying away from a building or property
- not contacting the victim directly or indirectly
What If I’ve Received A Restraining Order?
You have three basic alternatives if you’ve been issued a restraining order.
1. Accept The Order.
You will sign the agreement portion on order and send it to the court in 21 days, after which it will be declared official, and you will not have to appear in court.
2. Object To The Order.
You must complete the objection portion of the order and send it to the court, where it’s been granted within 21 days. The order will be considered final after 21 days in such an instance.
How To Contest A Restraining Order?
First, you should completely comprehend the order’s provisions so that you do not violate any of them. All provisions are in effect until an agreement is made or the restraining order is challenged, altered, or terminated. A court date will be determined after you have completed your Objection Form. You may seek a copy of the applicant’s documentation to help you prepare a rebuttal to the information or charges contained therein.
You must offer proof showing a restraining order is unnecessary, and you must be equipped to cross-examine or be cross-examined by the opposing side. You can ask the court to reject or modify the request entirely. The court will make the ultimate decision.
Do I Need A Family Lawyer To Contest A Restraining Order?
It is not required, but having a family lawyer might be advantageous. Cross-examinations might be heated throughout the hearing. If you are unsure about your capacity to stay calm, emotionless, and analytical during the proceedings or unfamiliar with the legal procedures required to dispute the restraining order, think about hiring a competent family lawyer to represent your case. If your motion to appeal the restraining order is denied, the court may issue a fees order against you, which implies you may also wind up paying for the opposing party’s legal fees.
The Consequences Of Violation Of A Restraining Order
Breaching a restraining order is a severe offence that may lead to a criminal record. It may result in a $10,000 fine, a two-year jail sentence, or both. Repeated violations are dealt with significantly more sternly, frequently ending in jail sentences without the possibility of a fine.
Do You Need A Restraining Order If You Are In Danger Of Domestic Abuse?
When you or your kids are at risk, phone the authorities or a domestic violence shelter right away. If required, the best family lawyers in Perth can help you file for and secure a restraining order or injunction. Domestic violence is also extremely real, and domestic and child violence claims are taken seriously by police departments. However, this topic might be utilised as a weapon in contentious failed marriages.
Furthermore, the best lawyers in Perth have encountered several cases where false accusations of domestic abuse were created to provide the accuser with an advantage in a custody battle or other family law issue. Whatever your scenario, Perth lawyers will assist you in restraining order proceedings.
To ensure your protection, get a restraining order against the offender. They will be prevented from approaching you if you have a restraining order. If the offender opposes the issued restraining order, you may also get the best lawyers in Perth to assist you with your case. Meanwhile, if a restraining order has been given to you, Perth attorneys may advise you on how to continue. The best lawyers in Perth can manage any concerns relating to restraining orders and orders for security if they are linked to your separation or family law situation.