RESTRAINING ORDERS
The purpose of a restraining order is to protect a person form certain behaviour, such as threats, intimidation, violence or the threat of violence, emotional abuse or stalking.
Restraining orders make it crime for the person bound by the order to contact or approach the person protected by the order.
Types of restraining orders
- Family Violence Restraining Orders (“FVRO“)
- Violence Restraining Order (“VRO“)
- Misconduct Restraining Order (“MRO“)
FVROs apply in circumstances where the parties are in a family relationship and are designed to stop future acts of family violence by one person against another person.
VROs and MROs apply in circumstances where the parties are not in a family relationship. VROs are designed to stop future acts of personal violence by one person against another person. MROs are designed to stop a person behaving in a way that is intimidating or offensive towards another person.
Applying for a restraining order
An application for a restraining order can be made by the person seeking protection or in some cases by a person on behalf of that person.
The person seeking protection can choose whether or not to have the application heard in absence of the other party.
Once an application for a restraining order is made, the court will fix a date for the hearing of the application.
Objecting to a restraining order
When an interim restraining order is made, the person bound by the interim restraining order has 21 days within which to object to the interim restraining order otherwise the interim restraining order will be made final.
Once the person bound by the interim restraining order has objected to the interim restraining order, the court will fix a date for a trial.
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Disclaimer: The information on this page is intended to be general information only and NOT legal advice. No responsibility is accepted for any errors or omissions.