We can assist with:

• Applying for a Restraining Order Application;
• Defending against a Restraining Order Application including appearing at a hearing on your behalf;
• Negotiating undertakings to resolve prolonging Court applications;
• Advising of circumstances where a Restraining Order should be considered or where alternate proceedings (such as Family Court proceedings) are preferable;
• Advising on how to deal with intimidation on forms of Facebook, Twitter and other social media; and
• Advising on other options in abusive situations to avoid Restraining Order proceedings where they are contemplated but still not yet commenced.

There are few legal issues more fraught than restraining orders, whether you are applying for one or defending a restraining order application.

Intimidation regrettably can occur in a variety of circumstances and between the most unlikely parties.

Historically it is assumed that intimidation may involve members of the opposite sex and that the bullying, threatening, intimidation or violence may occur face to face.

This is no longer the case with a proliferation of mobile and electronic devices and the ability to connect with large numbers of people through electronic media.

The law recognised an "act of abuse" which is much wider than the previous definitions under the Restraining Orders Act.

There are two types of restraining orders — Violence Restraining Orders and Misconduct Restraining Orders.

In an urgent situation, a police officer can contact an authorised magistrate by phone to apply for a Violence Restraining Order.

Alternatively, it can be sought by the person who wants protection under the order or by a parent or guardian of a child on the child’s behalf.

A court will only grant a Violence Restraining Order if it is satisfied the person named in the order (the respondent) has committed an act of abuse and is likely to do so again.

This can include family or domestic violence, an act of violence like assault, kidnapping or depriving a person of their liberty, damage to property or behaviour in an ongoing manner that is intimidating, offensive or emotionally abusive.

Often an application for a Violence Restraining Order will be made without the respondent present.

In this case, the court can make an interim restraining order that has the same force and effect of a full order, until there is the opportunity for a hearing where the respondent can object to the order being made.

It is also possible to apply for a Misconduct Restraining Order, in cases where the behaviour could reasonably be expected to be intimidating or offensive.

Havilah Legal’s team of professionals can provide the advice you need in this troubling time.

To find out more about your rights and what Havilah Legal can do to help, contact our Legal Information Desk Lawyer, for a 20 minute consultation free of charge.

He will be able to assess the particulars of your case and give you expert advice about what needs to be done to resolve your issue.

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