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RESTRAINING ORDER

  • Do you need a restraining order?
  • How do you apply for or respond to a restraining order?
  • What are the consequences for breaching a restraining order?

Do you need a restraining order?

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. 

How do you apply for or respond to a restraining order?

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

Our criminal law team 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.

Ongoing liaison between our family and criminal lawyers will 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 has the experience and resources to provide premium legal advice that considers all aspects of your case.

What are the consequences for breaching a restraining order?

Restraining orders must be strictly abided by.  Mandatory sentencing laws mean that 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 that persons who are 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 early and urgent criminal advice and assistance.

HHG Essentials 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.

READ MORE 

Cyber safety restraining orders 

Restraining order compromise 

The future of FVROS 

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