Restraining orders can have a significant impact on your liberty

Restraining orders can have a significant impact on your liberty, your ability to earn money and your freedom to attend at a certain place.

Restraining orders can be granted against a stranger (Violence Restraining Order) or against a person that you have been in a family relationship with (Family Violence Restraining Order).

Family violence restraining orders will be made at an ex-parte hearing unless there is good reason not to make the order.

Once a restraining order is served upon you, there can be significant consequences for a breach. The legislation has recently included a third strike penalty, whereby unless it is unjust to do so, a term of imprisonment must be served.

Whether you want to make an application or you have been served with a restraining order, there are strict statutory time frames for objecting to the making of a final order.

If you wish to object to a final order being made, an objection must be made within the prescribed time.

Restraining orders and final orders don’t necessarily need to involve a final order hearing, parties that are involved in a family violence restraining order can enter into a conduct agreement which allows for certain restraints to be made absent any admission of liability. It also allows for a negotiation of the terms of the restraints.

There is also a provision for an undertaking to be made, this is a promise to the court to not behave in a certain way.

Whilst restraining orders don’t appear on any criminal record, they can have significant consequences. Call Paul Holmes Lawyer.

Discuss any of your concerns that you have with us, we are here to listen.