You might have come across the term ‘restraining order’ quite regularly in legal programs and different procedural cop shows, but the actual things differ slightly in real life. Only a legal institution like a magistrate, court, or the police can give this order to stop someone from behaving in an aggressive or possibly harmful way towards the supposed victim or their assets.
You can apply for a restraining order if you feel threatened or your security is being violated; however, consulting well-known Perth family lawyers before doing so will be a great step.
Violating a restraining order can lead to certain consequences – and it can be jail, fine, or both. You must hire the best family violence lawyer to apply for a restraining order against someone, as well as get a wrongly imposed one refuted. On that note, let’s look at how proficient lawyers can help you defend a restraining order case.
A restricting order prohibits a person from offending you by restricting some of their actions that may appear threatening to you – including contacting or approaching you. The types of restraining orders and the situations in which they can be granted are specified in the Restraining Order Act 1997. The direct restraining orders are mentioned as follows:
This restraining order is used against family members. The order provides legal protection against family members – it covers threats of violence, the occurrence of violence, activities that make the victims afraid, and any controlling and coercing behavior. You can file an FVRO against your brother, sister, partner, ex-partner, spouse, grandparent, sister, and other family members.
A VRO defends a person from offensive acts that include (but are not limited to) assault, kidnapping, property destruction, and frightening or menacing behavior. According to the Restraining Orders Act, 1997, section 6 – this order is effective against any individual other than a family member. The document identifies the involved parties (victim and offender) and states the actions inhibited by the perpetrator for which you take out the VRO.
The person seeking a VRO must apply for and acquire it personally. A police officer, in some situations, can apply for a VRO for the applicant. These orders are called Police Orders and have a similar effect to a VRO for 72 hours only.
The MRO becomes applicable when another person’s behavior towards you doesn’t escalate to physical violence but still makes you feel intimidated, involves a break in the peace, or causes damage to your property. In such cases, you must convince the court that such an order is required. The legal office will consider the other person’s behavior toward you and compare that against their entitlements (if any) to do those particular actions.
The process for applying an MRO is similar to that of a VRO, and the magistrate has the power to change an MRO to a VRO at their discretion at the Final Order Hearing.
It is essential to consult with the most proficient domestic violence lawyers in Perth before proceeding to apply for any one of the above orders.
You can get two kinds of legal assistance from the best restraining order lawyer in Perth – they can assist you in either filing for a restraining order against someone or helping you counter or object if a restraining order is placed against you. The other functions of a lawyer in restraining order cases can be:
As a layperson, the legal language of the restraining order can be confusing to you. However, the court wouldn’t listen if you break the order because of your ignorance, and the consequence of breaking one can extend up to a fine, jail, or both. Taking legal advice will help you properly understand the restraining order, as well as enable you to avoid breaching its conditions.
The most effective family lawyers in Perth WA will negotiate with the other party for you or help you do it. Their experience and knowledge of the law give them an edge over a general person in resolving a restraining order application.
You can compel the court to overthrow any restraining order against you with proper evidence. The lawyer can help you collect such proofs, as well as incorporate them in your argument most effectively.
So, here we have discussed the ways a restraining lawyer can help you fight restraining order cases. Having proper evidence against someone is only a small step; you must be prepared to present it in court. It is here that renowned family lawyers in Perth will help you arrange the important argument points and present them successfully in court.
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