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RESTRAINING ORDER

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  • Premium legal advice and representation in matters relating to restraining orders in Perth
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Restraining orders are increasingly becoming part of litigious family law matters. Used correctly, a restraining order is a powerful tool to ensure a party is properly protected from a violent or abusive former partner. A restraining order can be used to protect a party (and can include children) by preventing the other party from contacting or coming within a certain distance of the protected person, their home and place of work. 

Violence or misconduct restraining orders are a useful tool when used properly. Restraining orders are Court orders that enforce boundaries between people who intimidate, threaten or offend each other in some way. These orders are most commonly applied for in the context of relationship breakdowns, but can also be useful in dealing with annoying neighbours or other nuisances.

APPLYING FOR, OR DEFENDING, A RESTRAINING ORDER

HHG’s legal team can help you identify whether a restraining order is necessary, what type of order is in your best interests, negotiate practical and workable terms and/or alternatives to a restraining order. 

Our criminal lawyers can also assist you to resist an unwarranted application for a restraining order– especially where such an order impacts your ability to see and spend time with your children, access your home or deprives you of the means of earning an income.

Liaison between our expert family lawyers and our criminal lawyers ensure that all decisions are made with full consideration of all your circumstances and in your best long-term interests. Most law firms are not large enough to have both criminal and family law teams under one roof. As one of the fastest growing law firms in WA, HHG Legal Group have the experience and resources to provide premium legal advice that considers all aspects of your case.

It is important to remember that restraining orders are not to be taken lightly by applicants or respondents. Early practical consideration is given to matters such as how a restraining order may affect employment, interactions between parents and their children or attendance at joint functions or other obligations.

SERIOUS CONSEQUENCES

Restraining orders must be strictly abided by and due to mandatory sentencing, it is very likely that if you breach a violence restraining order on three occasions, you will end up in prison for at least six months. 

It is essential persons bound by a restraining order get clear and thorough legal advice about what will be considered a breach. Sending a text message saying “I love you” is a breach, as is answering a phone call from the person protected. If you are charged with breaching a restraining order, it is essential to seek out early and urgent criminal advice and assistance.

 

 

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CHOOSING NOT TO FIGHT

After taking legal advice, consenting to a restraining order is something worth considering, and can save a lot of time and money. Sometimes, the fact that a restraining order is taken out against you does not have any real impact on your life and you may agree to allowing the order to be made because you are as keen to avoid the other party as they are you.

On the other hand, if you fail to object to a restraining order the Family Court or an employer may draw an adverse inference about whether you pose some threat to the safety of your ex-partner or children. It is vitally important that you seek legal advice before consenting to a restraining order. 

NEGOTIATING A DEAL

Our expert lawyers regularly negotiate the terms of proposed restraints so that some requirements are relaxed or removed. Our lawyers also succeed in getting mutual restraining orders imposed so that each party faces arrest for making any contact with the other which can be a useful compromise.

A short, fixed fee initial meeting with one of our experienced lawyers may be sufficient to advise you whether getting or resisting a restraining order is possible and to devise an effective strategy for doing so. If the application requires a hearing (or trial), our lawyers will assist you to prepare and conduct the hearing so that you have the greatest chance of success. 

 

We Can Help

HHG Essentials also offers fixed fee restraining order packages that can provide certainty in relation to cost.

Whether you are seeking to bring an Application for a restraining order or have had an order made against you, we can help. For more information and advice on matters relating to restraining orders in Perth, get in touch with HHG Legal Group today.