Are Restraining Orders criminal offences?
Restraining Orders (also known as AVO's) are
not a criminal offence. Any breach of a restraining order or apprehended
violence order is a criminal offence.
What are the types of Restraining Orders?
There are two types of restraining
orders: Apprehended Domestic Violence Orders (ADVO) and Apprehended
Personal Violence Orders (APVO).
What do Restraining Orders do?
Restraining orders are there to:
· Ensure the safety and protection of all persons, including children who experience or witness domestic violence;
· Protect persons from violence, intimidation, (including harassment) and stalking; and
· Ensuring access to the courts is as safe, speedy, inexpensive and simple
What can trigger Restraining Orders?
How you conduct yourself will determine whether the police or another person can apply for a restraining order against you. Actions that can motivate a court making an Apprehended Domestic or Personal Violence Order includes stalking or intimidating someone.
The Police can under certain circumstances
make an application (including an application by telephone, facsimile or other
communication device) for an Interim Order (i.e. a temporary order). It may
also be initially (i.e. prior to the court's formal intervention) referred to
as a Provisional order.
A provisional order can be applied for by at the request of a person requiring
protection or on a police officer's OWN INITIATIVE.
An application may be made at any time whether or not a court is sitting, if a
police officer has good reason to believe a provisional order needs to be made
immediately to ensure the safety and protection of the person in need of
protection or to prevent any substantial damage of the protected person's
property.
The Police under certain circumstances MUST make an application for an order,
e.g. when the victim's life is in serious danger. Children and others can be
enjoined to an order under certain circumstances.
These matters are ultimately determined by the Local Courts.
The orders can be made in final form by consent between the parties for an agreed of time.
If the parties cannot agree to the Restraining Order, you can generally adjourn the matter for a defended hearing.
The Court may impose interim orders until the matter is determined in the Local Court.
If you have a Restraining Order against you and require assistance in dealing with it, call our Restraining Orders Lawyers today on (02) 9891 4200. We deal with Restraining Orders frequently and have substantial expertise in these cases.
