Facing threats of violence? A violence restraining order can help you stay safe and secure
If you, a loved one or a friend is experiencing (or being threatened with) any form of violence from a non-family member, then a violence restraining order (VRO) can help to ensure the protection of anyone at risk of harm.
It’s crucial to seek professional legal advice to help you obtain a violence restraining order as soon as possible.
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Understanding Violence Restraining Orders
There are three types of restraining orders in Western Australia:
- Violence Restraining Order
- Family Violence Restraining Order
- Misconduct Restraining Order
A violence restraining order is for situations involving non-family members, while a family violence restraining order involves another family member.
A misconduct restraining order is generally for less serious behaviour than violence, such as:
- Intimidating or offensive behaviour.
- Causing damage to your property.
- Disturbing the peace.
A violence restraining order (VRO) provides you with protection against violence being committed against you or your loved ones by a non-family member.
Family violence is also broadly defined in the legislation to include physical, psychological, emotional, sexual or financial abuse. It is important to understand that if you have experienced or been threatened with any of these forms of violence, then a crime may have already been committed against you.
A VRO can prevent a person who has harmed (or is at risk of harming) you or your loved ones from doing a range of things, such as:
- Coming within a certain distance of you.
- Contacting or trying to contact you in any way.
- Visiting your home or where you work.
Breaching the terms and conditions of a VRO is a criminal offence. Punishment can include fines, imprisonment, or both, depending on the severity of the breach.
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Why Choose Savannah Legal
Our experienced team at Savannah Legal consists of violence restraining order lawyers who are experts at successfully handling VRO cases for our clients. We provide compassionate and supportive legal assistance during what is a stressful and potentially dangerous time.
Let us take care of the violence restraining order process and lift the burden off your shoulders.
Free Consultation
A free 30-minute, no-obligation initial consultation to discuss your case needs and provide you with legal advice.
Application Assistance
Assistance with filing your violence restraining order application to the Magistrates Court if you are aged over 18, or to the Children’s Court if you are under 18.
Representation In Court
Representation in court hearings.
Post-Service Support
Post-violence restraining order support (including order modifications if necessary). This includes advice on what to do if your violence restraining order is breached.
The Legal Process
The violence restraining order application process has three steps that you need to follow. It is crucial to get professional legal advice to help you with each step.Interim Order Application
Attend your court hearing(s)
Receive your final order
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Our very simple process for protecting your rights and safety
Threatened with violence? You don’t have to go through it alone. Our simple and affordable process provides you expert legal advice and representation. It all starts with a conversation where we will discuss your current situation confidentially. After some basic information, we’ll schedule an appointment with one of our lawyers who is best suited for your situation.Schedule a free consultation
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Frequently Asked Questions
You can personally apply to a Magistrates Court for a violence restraining order if you are over 18 (or someone can apply on your behalf), or if you are under 18, then you, your parent, guardian, child protection worker or the police can apply to the Children’s Court.
In Queensland, anyone experiencing domestic or family violence can apply for a Protection Order, regardless of age. A guardian, parent, child protection worker, or police officer may apply on behalf of minors or vulnerable individuals. There is no specific requirement to apply to a Children’s Court, as the application can be made directly to a Magistrates Court for both adults and minors.
You or your legal representative can apply for an interim violence restraining order either online or in person at a Magistrates Court if you are over 18 years of age, or to a Children’s Court if you are under 18.
There is no need to formally apply for a final VRO. The court will automatically grant it 21 days after your interim order is approved, as long as there is no objection that results in the interim order being dismissed by the court.
You or your legal representative can apply for a Protection Order in person at a Magistrates Court or through the police. You may also apply for an interim order, known as a Temporary Protection Order, which provides immediate protection. The court will schedule a hearing where both parties can present their cases, and a final decision regarding the Protection Order will be made by the court.
You should contact the police immediately if your violence restraining order is breached. The person breaching the order will usually be charged by police and required to appear in court. There they will likely face fines, imprisonment, or both.
In Queensland, if your Protection Order is breached, it is considered a criminal offence. Contact the police immediately, and the person breaching the order will be charged and required to appear in court, where they may face fines, imprisonment, or both.
Your violence restraining order gives you legal and police protection. If any of the terms and conditions of your VRO are breached, then contact the police immediately.
A Protection Order in Queensland grants you legal and police protection. If any conditions of the order are breached, you should contact the police immediately. The police will take action, and the person breaching the order will face legal consequences, which may include fines or imprisonment.
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