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Restraining orders offer protection from someone who commits family violence or personal violence, threatens persons or property, or harasses and intimidates. Contact Thexton Lawyers TODAY to receive quick and practical advice and resolve this challenging issue. Our Principal, Glenn Thexton has handled hundreds restraining order matters, and our experts have thorough knowledge of the workings of restraining orders across Australia.
We further have family and criminal law practice areas that often overlap with our restraining order practice.
If you have a restraining order application sought to be placed on you or you are seeking to put an order on someone call us for advice on how best to protect your interests. Glenn Thexton, Principal ph 1300 388 298 or mobile after hours 0410 639 921 email. firstname.lastname@example.org
- When can an Intervention Order (VIC) be made?
- Read more
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.
- What type of orders can the Court make?
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
● Good behaviour bond
● Community service order (CSO)
● Suspended sentence
● Intensive correction order (previously periodic detention)
● Periodic detention
● Prison sentence
- When can restraining order be made?
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.
- The Police have suggested that I accept an undertaking, what does this mean?
Read moreBy 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.
- What type of order can be made?
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.
- What are the consequences of not complying with an Order?
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.
The inconvenience of contesting an intervention order is sometimes more trouble than accepting the intervention order. But unless you can test an intervention order against the likes of someone that has put the order on you, they will continue to do so in terms of making spurious applications to the court.
Yes, you may be able to get an intervention order against your ex-partner. However, it seems that you may be better served by getting family court orders in place that appropriately specify that your ex-partner, when caring for your child, must administer the prescribed medication.
There is no public record as such, however a person will be declared to be a prohibited person and prevented by reason of that from obtaining a firearms license, security license and other types of government-issue licenses. An intervention order may further affect a person's ability to get a “working with children's check” that is required to, for example coach a children's sports team or to volunteer at a school.
It is difficult as most people who get an IVO have never been to court before and they all get told to just get it over with and accept the order. That is why I am here to tell people that they do have a choice as to contest an application, and generally what Police say is to suit their own convenience and does not help a respondent.
In a case like this it seems urgent and our team would likely be able to turn around such an application in less than seven days between taking instructions and filing with the court.
Absolutely, provided you apply to the court.