Restraining Orders

Restraining Order | Thexton Lawyers

Thexton Lawyers regularly represents clients both as Applicants and Respondents in relation to intervention order applications.

Understanding what your intervention order means and the obligations that it imposes on you is important and that is why we offer a free initial consultation with our Glenn Thexton. The priority is ensuring that you are aware of the obligations imposed by the order and assessing your options for your next Court appearance.

We take enquiries and provide free initial advice over the telephone in respect of being interviewed by Police and in relation to charges received for any breach of an Order – call now on 1300 388 298 to speak to one of our Intervention Order or domestic violence lawyers.

In NSW, for example, a Court can impose any of the following penalties for breach of an AVO – Domestic Violence Order charge.

Section 10: breach AVO – Domestic Violence Order proven but dismissed

  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Periodic detention
  • Prison sentence

An Order can be made in a Local/Magistrates Court if the Magistrate is satisfied that the Applicant has reasonable grounds to fear, and in fact fears, any of the following:

  • An act of personal violence against them by another person;
  • Harassment by the Respondent;
  • Stalking of them by the Respondent;
  • Intimidation of them by the Respondent (where the Respondent has a domestic relationship with the Applicant).

A Respondent may appeal to the District or County Court against the making of an Order. The Applicant and the Respondent (or Police if they sought the Order) can apply to the Court for variation or revocation of an Order. The restraining order lawyers at our firm can provide you with all the current and relevant restraining order advice that you need.

By providing an Undertaking to the Court that you will not assault, harass or intimidate the Applicant, you can avoid the imposition of an Intervention Order completely. This course must however be accepted by the Applicant, which is where legal representation can assist. An undertaking is essentially a promise to the Court that you will comply. Unlike breaching an Intervention Order, the breach of an Undertaking will not result in a criminal charge. It can however be used as evidence on any subsequent application for an Intervention Order, and in turn improve the chances of the Order application being successful.

The Magistrate may make Orders that:

  • Restrict the Respondent approaching the Applicant;
  • Restrict the Respondent going to the residence, workplace, place of education or other place frequented by the Applicant;
  • Restrict specified behaviour of the Respondent which might affect the Applicant;
  • Restrict the possession of firearms by the Respondent;
  • Extend the Order to protect other persons with whom the Applicant has a domestic relationship, including children.

Domestic violence may allow the victim to seek compensation from the Victims Compensation Tribunal. If an award of compensation is made, the Tribunal may seek contribution from the violent spouse.

A spouse (or other member of the family who is a victim of domestic violence or abuse) may sue the violent spouse for damages arising from an incident of domestic violence.

Family violence is a factor taken into account by the Family Court when determining Parenting Orders and arrangements for the care of children following separation. This includes violence towards children and violence between parents in the presence of children. It also includes violence which has not taken place in the presence of children and of which they might not be aware.

Whether you’re experiencing or have been accused of domestic violence and need the expertise of family violence lawyers, or you wish to apply for a violence restraining order against another party (in WA only), make an appointment with Thexton Lawyers today. With offices in Melbourne and across most major capital cities, give us a call on 1300 388 298.