About the Author
Christopher Kissoglou
Published on November 27, 2024
When someone feels threatened, harassed, or unsafe, a restraining order can provide essential legal protection.
Whether it’s due to family violence, harassment from an ex-partner, or any form of threatening behaviour, these orders are designed to safeguard individuals from harm and ensure peace of mind.
In Australia, restraining orders, sometimes also referred to as protection orders or intervention orders, are available to protect people from physical violence, emotional abuse, or even property damage. While the process can seem daunting, understanding how restraining orders work and the steps to apply for one is the first step toward seeking safety and protecting yourself.
Our domestic violence lawyers Sydney have put together this guide, which covers the different types of restraining orders, the grounds for obtaining one, and what the application process looks like. Whether you’re seeking protection for yourself or a loved one, this article will help you navigate the process with confidence.
Types of restraining orders
In Australia, restraining orders come in several forms, each tailored to address specific situations and provide protection from harm.
The type of restraining order you apply for will depend on the nature of the relationship between the parties involved and the kind of behaviour or threats being experienced.
The main types of restraining orders include:
- Domestic Violence Orders (DVOs): A domestic violence order is designed to protect individuals in a domestic relationship, such as partners, ex-partners, or family members, from physical violence, threats, harassment, or emotional abuse. They’re known by different names across states, such as Apprehended Domestic Violence Orders (ADVOs) in New South Wales or Family Violence Intervention Orders in Victoria.
- Personal Safety Intervention Orders: For situations outside domestic relationships, such as conflicts with neighbours or harassment by acquaintances, a personal safety intervention order addresses issues like stalking, intimidation, or property damage.
- Temporary Restraining Orders: These provide immediate protection while a more permanent order is being considered. They can be issued quickly if someone is in immediate danger, offering short-term relief until a court hearing can take place.
- Family Violence Restraining Orders (FVROs): Used in states like Western Australia, these orders specifically address family violence and provide comprehensive protection for victims.
- Intervention Orders: Commonly issued in South Australia and Victoria, these orders aim to prevent harmful behaviours like physical violence or harassment, either within families or in non-domestic settings.
Each type of restraining order has specific eligibility requirements and protections, ensuring that the law can respond to a range of situations. Understanding which type applies to your circumstances is a crucial first step in seeking legal protection.
How a restraining order works
A restraining order is a legal tool designed to protect individuals from physical and mental harm, as well as harassment, or intimidation by imposing conditions on the person causing the threat.
These conditions are tailored to each case and enforced by the courts to ensure the safety and wellbeing of the person seeking protection.
Usually, a restraining order will have the following key elements:
Conditions imposed: A restraining order may prevent the restrained person from contacting the protected person, coming near their home or workplace, or engaging in behaviours like harassment or threats. In some cases, the order may also prohibit them from possessing weapons or consuming alcohol near the protected person.
Legal enforceability: Restraining orders carry legal weight, meaning a breach of the order can result in serious penalties, including fines or imprisonment. This ensures that the protected person’s safety is prioritised.
Duration: Depending on the circumstances, restraining orders can be temporary or long-term. Temporary orders are often issued quickly to address immediate danger, while final orders provide ongoing protection.
Court oversight: Restraining orders are granted by a court, such as the Magistrates Court in most states. The court assesses evidence, including witness statements, police reports, and other documentation, to determine whether the order is necessary.
Restraining orders aim to provide protection and peace of mind, offering legal recourse against threatening or harmful behaviour. By setting clear boundaries, they help ensure the safety of individuals who may otherwise feel vulnerable.
Grounds for a restraining order
The grounds for obtaining one depend on the type of order being sought. Generally, a restraining order can be granted when there is evidence of actions or threats that cause fear, harm, or harassment.
Some common reasons a restraining order may be issue include, but is not limited to:
- Domestic violence matters, including physical violence, emotional abuse, or threats from a partner, ex-partner, or family member. This includes behaviour that causes fear for personal safety, mental harm, or physical injury.
- Persistent unwanted behaviour, commonly referred to as stalking or intimidation. This might include actions such as following someone, excessive communication, or showing up uninvited, that causes distress or fear.
- Verbal or written threats to harm the protected person, their children, or their property could be grounds for a restraining order to be issued.
- Acts of intentional damage to a protected person’s belongings or home.
- Emotional and psychological abusive behaviours, like intimidation, manipulative behaviour or actions that undermine the mental wellbeing of the protected person.
- In cases involving children, a restraining order may be sought to shield them from exposure to violence, abuse, or harmful influences.
The court evaluates each case based on the evidence presented, such as police reports, witness testimonies, or communications between the parties. Importantly, you don’t need to wait until harm occurs to apply for a restraining order—immediate threats or patterns of concerning behaviour can also serve as grounds for protection.
How to apply for a restraining order
Applying for a restraining order can feel intimidating, but the process is designed to be as straightforward as possible to ensure those in need of protection can access it quickly.
In Australia, restraining orders can often be applied for in person or online, depending on the state or territory.
Steps to apply for a restraining order:
- Complete the application form: Begin by filling out the appropriate form for your state or territory. These forms are usually available online or at your local Magistrates Court. You’ll need to provide details about the respondent (the person you are seeking protection from) and describe the harmful behaviour or threats.
- Provide evidence: Supporting evidence strengthens your application. This might include police reports, witness statements, photographs, or text messages demonstrating the respondent’s behaviour.
- Submit the application: Submit your completed application to the court, either in person or online, depending on your jurisdiction. Be sure to check for any fees that may apply.
- Attend the court hearing: Once your application is submitted, you may be required to attend a hearing. This is your opportunity to explain your situation to the court and provide further details if needed. In urgent cases, a temporary restraining order may be issued immediately to offer protection while the court processes the application.
- Follow up on the outcome: If the court grants your restraining order, ensure you understand the conditions and duration of the order. Keep a copy of the order with you and provide a copy to local police.
In situations where immediate danger exists, contact the police first—they can issue temporary protection notices or assist with emergency applications to the court. Seeking legal advice throughout the process can also ensure that your application is as strong and effective as possible.
Additional legal protections for victims
In addition to restraining orders, there are other legal measures available to protect victims from harm and provide a sense of security. These protections often work alongside restraining orders to ensure comprehensive safety.
Some common legal protections include:
Police-issued protection notices: In urgent situations, the police can issue temporary protection notices to immediately safeguard victims. These notices remain in effect until a court has the opportunity to review the case.
Family violence safety notices: In some jurisdictions, these notices provide immediate short-term protection and set conditions similar to restraining orders, such as prohibiting the respondent from approaching the protected person or contacting them.
Parenting orders: When children are involved, parenting orders can establish clear guidelines about custody and visitation to ensure the children’s safety and wellbeing. These are particularly useful in cases where one parent poses a risk to the other or the children. If you find yourself in this situation, seek legal advice from a family lawyer.
Intervention programs: Courts may require respondents to attend behavioural change programs, such as anger management or domestic violence counselling, as part of the conditions of the order. These programs aim to address the root causes of harmful behaviour.
Support services: Victims can access various support services, including counselling, legal aid, and emergency accommodation, to help them rebuild their lives and regain stability.
These additional protections are vital for addressing the broader safety and wellbeing of victims. If you’re unsure about what options are available, consulting with a domestic violence lawyer can help you understand your rights and access the support you need.
FAQs
Who can apply for a restraining order?
Anyone experiencing threats, harassment, or violence can apply for a restraining order. This includes people in domestic relationships, such as partners or family members, and those experiencing harassment in non-domestic situations.
What is the difference between a restraining order and a protection order?
The terms “restraining order” and “protection order” are often used interchangeably in Australia, but they refer to specific legal tools designed to protect individuals from harm.
- Protection order: If you’re wondering, what is a protection order, it’s a broad term that covers various court-issued orders intended to safeguard individuals from threats, harassment, or violence. These include domestic violence orders (DVOs) for family violence situations and personal safety intervention orders, which address non-domestic conflicts.
- Restraining order: In some states or territories, a restraining order refers to a specific type of protection order, often issued to prevent behaviours like stalking or harassment. In other jurisdictions, “restraining order” is simply another term for certain types of protection orders.
The key distinction depends on the laws in your state or territory. For example, Queensland uses domestic violence order, while other regions may refer to family violence intervention orders. Knowing which type of order applies to your circumstances is crucial to effectively seeking or responding to one.
By understanding these terms and their application, you can take the right steps to protect yourself or defend against an order where necessary.
How long does a restraining order last?
The duration of a restraining order depends on the court’s decision and the circumstances of the case. Temporary orders provide short-term protection, while final orders can last for several years or indefinitely.
What happens if a restraining order is breached?
Breaching a restraining order is a criminal offence and can result in penalties such as fines or imprisonment. Victims should report any breaches to the police immediately.
Can I apply for a restraining order online?
In many states and territories, you can start the application process online. Check your local court or legal services for specific guidelines.
Do I need a lawyer to apply for a restraining order?
Technically, you don’t need a lawyer to apply for a restraining order, as the process is designed to be accessible. However, navigating the legal system can be overwhelming, especially when dealing with the emotional toll of harassment, violence, or threats.
Seeking legal advice can make the process smoother and ensure your application is both thorough and effective. A lawyer can help you understand your rights, gather the necessary evidence, and present your case in a way that maximises your chances of securing the protection you need. They can also guide you on what to expect during the hearing process and provide support if your application is contested.
Having professional support not only reduces stress but also gives you confidence knowing your application has been handled with care and precision.
How Unified Lawyers can help
Navigating the process of applying for a restraining order can be overwhelming, especially when your safety or peace of mind is at stake. At Unified Lawyers, we understand how challenging these situations can be and are here to provide the guidance and support you need.
Our experienced family law team can assist you with every step, from understanding the types of restraining orders available to preparing a strong application. If you’re unsure about your rights or need help addressing threats, we’ll ensure your case is handled with care and professionalism.
Don’t face this alone. Contact us today to discuss your situation and take the first step toward securing the protection you deserve. You can get in touch by calling us on 1300 667 461 or booking a free, no obligation consultation online using the button below.
Published on November 27, 2024
“All materials throughout this entire website has been prepared by Unified Lawyers for informational purposes only. All materials throughout this entire website are not legal advice and should not be interpreted as legal advice. We do not guarantee that any of the information on this website is current or correct.
You should seek specialist legal advice or other professional advice about your specific circumstances.
All information on this site is not intended to create, and receipt of it does not constitute a lawyer-client relationship between you and Unified lawyers.
Information on this site is not updated regularly and so may not be up to date.”
