If you are the victim of Domestic Violence, there is a proceeding available through the Court allowing you to obtain a temporary or permanent Violence Restraining Order against the perpetrator of violence against you.
Domestic violence comes in many forms. These include:
Emotional and financial abuse
Physical and digital stalking
The threatening of pets
Other forms of coercion and control.
Women are more likely to be subject to domestic abuse than men, and frequently their partners may be popular or well-respected in their community who deny or justify their abuse. Very often they appear to be one person to the outside world, and another behind closed doors. All forms of domestic violence are unacceptable, and victims sometimes become locked in a cycle of abuse where they feel helpless, embarrassed or fearful. Remorse intermittently expressed by the abuser, may also keep them in a toxic relationship.
What is a Violence Restraining Order? A Violence Restraining Order (VRO) prevents a person (the Respondent) from communicating with, being in the presence of, or in some cases living or working at the same address as another person (the Applicant).
Grounds for a Violence Restraining Order are that:
The Respondent has or is likely to commit an act of abuse against you
Unless the Respondent is restrained, they are likely to commit a further act of violence against you
You reasonably fear they will commit a further act of violence against you.
It is appropriate in these circumstances to make an order for a VRO.
Violence Restraining Orders – Interim and Final An interim VRO is made on an interim (temporary) basis usually after an incident of abuse or threat of abuse, without the other person (the Respondent) being present. An interim VRO can be granted by a Magistrate or a Justice of the Peace.
Only a Magistrate can determine if an interim VRO is to become final, this is usually for two years. This decision is made after a hearing at which the Respondent is present. The granting of a final VRO depends on many factors including the availability of corroborating evidence, the performance of both parties in Court and the appropriateness of the VRO in all circumstances.
Typical questions you may have:
What’s the quickest way for me to get an interim Violence Restraining Order?
No one would believe them if I told them what my partner is really like. What evidence do I need to prove I am the victim of domestic abuse?
I have been served with a Violence Restraining Order, but have no idea why. What next?
Our team of experienced, professional, Family Lawyers are here to help. Phone us for a 15-minute consultation on (08) 9486 9733 regarding your Violence Restraining Order issue.