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Violence Restraining Orders

A violence restraining order is intended to restrain a person who:

  • has committed personal violence against you and is likely to commit personal violence against you again or
  • behaves in a way that makes you believe that personal violence will be committed in the future.

‘Personal violence’ means assault, causing personal injury, kidnapping, deprivation of liberty, stalking, or threatening to do any of these things. If you have already been attacked or threatened with violence, a criminal offence may also have been committed. You should tell the police and ask for an offence report number.

Under special circumstances, a violence restraining order can be sought by the police on your behalf by telephone, at any time, any day. Your first action in an urgent situation should be to call the police. If considered appropriate, the police will then seek an urgent telephone hearing with a magistrate.

Life-long restraining orders can also be granted in extreme cases.

There is no fee payable when you apply for a violence restraining order.

When a violence restraining order is made, the court or magistrate will also make an order prohibiting the respondent from having a firearm licence or any guns. It is therefore essential that you inform the police or court if you are aware that the respondent has access to a gun. A firearms order may also be made at the hearing of a misconduct restraining order.

Consent is not a defence to breaching a violence restraining order. Even if the victim says it's okay to get together, it is considered a breach of the order and may lead to time in prison.

Last updated: 6-Jul-2018

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