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Violence Restraining Orders

Violence restraining orders are the more serious of the orders and are intended to restrain a person who:

  • you believe is likely to either commit a violent personal offence against you, or a person for whom you have legal responsibility - such as a child or
  • behave in a way to create a fear that such an offence will be committed.

If you have already been attacked or threatened with violence, a criminal offence may also have been committed. You should tell the police and ask for an offence report number.

Under special circumstances, a violence restraining order can be sought by the police on your behalf by telephone, at any time, any day. Your first action in an urgent situation should be to call the police. If considered appropriate, the police will then seek an urgent telephone hearing with a magistrate.

Life-long restraining orders can also be granted in extreme cases.

Ongoing intimidation or emotional abuse are also considered to be forms of domestic violence.

There is no fee payable when you apply for a violence restraining order.

When a violence restraining order is made, the court or magistrate will also make an order prohibiting the respondent from having a firearm licence or any guns. It is therefore essential that you inform the police or court if you are aware that the respondent has access to a gun. A firearms order may also be made at the hearing of a misconduct restraining order.

Consent is also no longer a defence to breaching a violence restraining order. Even if the victim says it's okay to get together, it is considered a breach of the order and may lead to time in prison.

Last updated: 22-Feb-2017

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