What is a violence restraining order?
A violence restraining order is a restraining order designed to put a stop to violence, threats, property damage, emotional abuse, or intimidating behavior in the future. It can be an official order of the court, but in any case it tells the offender to stay far from you and/or to put a stop to their behavior toward you. The order can be worded to suit any personal situation with the help of a Violence restraining order lawyer Perth.
There are two types of violence retaining orders. The first is a restraining order against a family member or person with whom you are in a domestic relationship. The second is against a person that is neither a family member nor someone you are in a domestic relationship with.
Only a child under the age of ten cannot be legally bound by a violence restraining order.
Family and domestic violence can include physical violence, emotional violence, psychological abuse, or sexual abuse. If an ex-partner, family member, or partner is trying to threaten, hurt, or humiliate you, that is considered family and domestic violence. The law considers things such as stalking, hurting pets, assaults, threats, damaging property, injuries, or acting in an ongoing offensive, emotionally abusive, or intimidating manner to be grounds for a restraining order.
Dealing with violence restraining orders
In order for an application to be accepted, you will have to prove that an act of abuse was committed against you or make it clear that you reasonably fear an act of abuse will be committed against you. This charge does not go on the criminal record of the person bound by the order. But if they violate the order, it will serve as a criminal offense for which they can face fines and/or jail time. Getting help from Kavanagh Family Lawyers Perth can save mental duress and other stressors brought about by filling out and filing the form.
Obtaining a Violence restraining order
If you want protection, you can apply for a violence restraining order. A guardian can also apply for one on your behalf, as can a police officer. If you are not yet eighteen years of age, then a parent, guardian, police officer, or child welfare officer can apply for one on your behalf.
You can submit an application in person to different courts based on who the order is against. If you are protecting a child from abuse, you would submit the application to the Children’s court. If both parties are over eighteen, then the application should be submitted to the Magistrates Court. In some cases, the proceedings would take place at a criminal court. A police officer can apply for you by phone, but this is reserved for cases where the situation is urgent or it is impractical for you to apply in person.
The court can automatically turn the restraining order into a lifelong order if they are certain the violent offenses are criminal acts. You can go to a nearby courthouse to get an application, or ask for one from the nearest police station. You can also visit the Magistrates website and download one there or use a Violence restraining order lawyer Perth, such as Kavanagh Family Lawyers to help.