Violence Restraining Orders
Information for the Applicant:
A VRO can be sought against a person if they
- Have been physically abusive to you
- Have been emotionally abusive, intimidating or offensive to you
- Have stalked or pursued you
- Have kidnapped or restricted your freedom in any way, or if they
- Have injured or killed your pet or
- damaged property that belong to you
- or has behaved a way that intimidates you.
A VRO can also be made for children who have witnessed or experienced family violence.
Breakups are rarely pleasant and can involve bitter recriminations, arguments and emotional trauma for both parties. Quite often there is intimidation or violence and it is essential to get legal advice from our experienced family lawyers who can guide you through this difficult time.
If you have experienced acts of abuse or feel intimidated or have been threatened by your ex partner consider taking out a violence restraining order (VRO)against them for your protection. The exact terms of a restraining order will vary depending on the circumstances, but it usually includes terms that require the Respondent to keep away from you.
This means that the Respondent may not approach you at home or work, or communicate with you in any way including by text or Facebook posts.
When you, as the Applicant, apply for a VRO, you will come before a magistrate who will hear your evidence and decide whether an interim VRO should be made. The VRO will be served on the Respondent by the police and it is in effect from that time. However, the Respondent has 21 days to object, and if this happens the matter will proceed to a final court hearing where both parties will give their evidence. You must attend all scheduled court hearings otherwise your application may be dismissed. However if requested beforehand the court will make arrangements for you to avoid coming into contact with the Respondent.
If the magistrate decides that the interim VRO must stay in place it will usually be in effect for 2 years. If the Respondent breaches any of the terms of the VRO, it is a criminal offence and if they breach more than once, they will risk a prison term.
If you need help due to family violence you may ask us to draft a VRO application for you. We will prepare your affidavit and request terms that are suitable for your particular circumstances to keep you safe.
Our lawyers, will appear in court to assist you with your application. Call us today for an appointment.
Information for the Respondent:
If you have been involved in a family breakup and your ex has obtained an interim violence restraining order (VRO) against you contact our senior lawyers for legal advice. You have 21 days from the date the police serve you to lodge an objection. If the matter is not settled by negotiation and written undertaking and proceeds to a final hearing you will need to prepare your evidence to present to the magistrate. Be mindful that if the applicant is legally represented and you are unsuccessful you may have to pay costs. VRO proceedings often involve quite complex issues and emotions run high on both sides. We have the experience to provide sound legal advice and will represent respondents at court. We also ensure our clients have a good understanding of how to comply with the terms and conditions in their VRO. This is essential to avoid a breach of VRO which is a criminal offence. If you have been charged with a breach of your VRO contact our senior lawyers who are also experienced criminal defence lawyers for legal advice and representation.
