Understanding Protective Orders: How to Get a Restraining Order
In Australia, protective orders, commonly referred to as restraining orders or apprehended violence orders (AVOs), are crucial legal tools designed to protect individuals from abuse, harassment, and threats. Understanding how these orders work and the role of Family Law in securing them is essential for anyone seeking safety from harm. This article will guide you through the process of obtaining a restraining order in Australia, the types of protective orders available, and the legal framework that governs them.
In Family Law, protective orders are often sought to protect individuals and children from abusive partners or family members. These orders can cover a wide range of restrictions, including prohibiting contact, staying away from specific locations, or refraining from certain behaviours.
Types of Protective Orders in Australia
Australia has several types of protective orders, each with specific purposes and conditions. The most common types include:
Apprehended Violence Orders (AVOs)AVOs are the most well-known type of protective order. There are two main types:
Family Violence Intervention OrdersThese orders are issued by courts to protect individuals from family violence. They may include conditions to prevent the respondent from:
Contacting the applicant
Approaching the applicant's home or workplace
Committing further acts of violence or threats
Intervention OrdersIn some states, such as Victoria, intervention orders are issued to protect individuals from abusive behaviour. These can be sought for both domestic and non-domestic relationships.
Who Can Apply for a Protective Order?
Anyone who feels threatened, harassed, or at risk of harm can apply for a protective order. This includes:
Spouses or partners
Ex-partners
Family members
Friends or acquaintances
Neighbours
In cases involving children, a parent or guardian can apply for a protective order on behalf of the child.
How to Get a Restraining Order in Australia
The process for obtaining a restraining order varies slightly between states and territories, but the general steps are as follows:
Report the Abuse or ThreatThe first step is to report the abuse or threat to the police. In urgent cases, the police can apply for an interim (temporary) protective order on behalf of the victim.
File an ApplicationIf the situation is not urgent, the applicant can file a protective order application at their local court. The application should include:
Details of the incidents of abuse or threats
Evidence, such as text messages, emails, or photographs
Any witnesses to the incidents
Attend the Court HearingOnce the application is filed, the court will schedule a hearing. Both the applicant and the respondent will have the opportunity to present their case.
Court DecisionThe court will decide whether to issue a protective order based on the evidence provided. If granted, the order will include specific conditions that the respondent must follow.
What Does a Protective Order Include?
A protective order can include various conditions to ensure the safety of the applicant. These may include:
Prohibiting the respondent from contacting the applicant
Restricting the respondent from approaching the applicant's home, workplace, or school
Preventing the respondent from harassing, threatening, or intimidating the applicant
Prohibiting the respondent from possessing firearms or weapons
Failure to comply with the conditions of a protective order is a criminal offence and can result in penalties, including fines or imprisonment.
Protective Orders in Family CourtIn family law matters, protective orders can be sought as part of divorce, separation, or custody proceedings. The court prioritises the safety of individuals and children when making decisions about parenting arrangements and property settlements.
Family Violence and Parenting OrdersUnder the Family Law Act, courts must consider any history of family violence when making parenting orders. If a protective order is in place, it will influence the court's decision on child custody and visitation arrangements.
How Long Does a Protective Order Last?
The duration of a protective order varies depending on the type of order and the circumstances of the case. Typically, protective orders last for:
Temporary orders: Several weeks or months, until a full hearing can be held
Final orders: One to two years, with the possibility of extension
In some cases, protective orders can be made permanent if the court believes it is necessary to ensure the ongoing safety of the applicant.
Penalties for Breaching a Protective Order
Breaching a protective order is a serious offence in Australia. Penalties for breaching an order include:
Fines
Imprisonment
Criminal charges
The severity of the penalty depends on the nature of the breach and the respondent's criminal history.
Relevant Laws Governing Protective Orders
Several laws govern the issuance and enforcement of protective orders in Australia, including:
How to Stay Safe While Waiting for a Protective Order
If you are in immediate danger, contact the police by dialling 000. While waiting for a protective order to be issued, consider the following safety measures:
Stay with a trusted friend or family member
Change your phone number and online passwords
Inform your workplace or school of the situation
Keep evidence of any threats or abuse
Support Services for Victims of Domestic Violence
There are numerous support services available in Australia to help victims of domestic violence:
1800RESPECT (1800 737 732) – National Sexual Assault, Domestic Family Violence Counselling Service
Lifeline (13 11 14) – 24/7 crisis support and suicide prevention
Relationships Australia – Provides counselling and support services
If you or someone you know is experiencing abuse or threats, don't wait. Contact New South Lawyers today for personalised legal advice on obtaining a protective order. Our experienced family law team will guide you through the process to ensure your safety and the safety of your loved ones.
