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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14087
Experience:  I did my law degree at the University of Queensland
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do police have to personally give you a restaining order before

Customer Question

do police have to personally give you a restaining order before its valid? can you apeal the restaining order? in Western Australia? can you see the evidence she has? should i get legal advice? is it a crimial record?
Submitted: 3 years ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 3 years ago.
[QUOTE] do police have to personally give you a restaining order before its valid? [/QUOTE]
Yes, although they can also call you to tell you they have it and for you to avoid the person who took it out on you.

[QUOTE] can you apeal the restaining order? [/QUOTE]
Not an interim one, however, you can appeal against it being extended.

[QUOTE] can you see the evidence she has? should i get legal advice? [/QUOTE]
Its unnecessary to seek legal advice if this is just an interim restraining order. And usually no evidence is required to get such an order, simply the person feeling harassed (ie. receiving a harassing phone call) is enough.

[QUOTE] is it a crimial record? [/QUOTE]
No, only if you breach the restraining order can you end up with a criminal record.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.

Edited by Alex on 12/20/2010 at 7:19 PM EST
Customer: replied 3 years ago.
so how long does a interm restaining order last? and why woulod it be extended? and why is legal advice no needed? wont i have to write back in 21 days saying i disagree and then it will go to court?
Expert:  Brisbane-Lawyer replied 3 years ago.
[QUOTE] so how long does a interm restaining order last? [/QUOTE]
3 months, then they expire.

[QUOTE] and why woulod it be extended?[/QUOTE]
If the person feels there is still a continuing threat of harm from you, then that person can apply to have the order extended.

[QUOTE] and why is legal advice no needed?[/QUOTE]
Feel free to see a criminal lawyer if you wish, but you are likely to be told what I have told you - namely that the restraining order will expire on its own.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.

Edited by Alex on 12/20/2010 at 9:41 PM EST
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14087
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you
Customer: replied 3 years ago.

What is an Interim Hearing?

When you apply for a Violence Restraining Order, the court will usually hear the application as soon as possible at what is called an 'interim' hearing.

You can give your evidence to the interim hearing in writing. This written evidence is called an "affidavit".

The respondent is not at this interim hearing and the court may grant you an interim (temporary) Violence Restraining Order.

The restraining order is then served on the respondent.

The respondent has 21 days to object to a Violence Restraining Order being made by sending a notice to the court.

If the respondent does not object within 21 days, then a final order will be made.

If the respondent does object, then the matter goes to a final hearing where they get a chance to tell the court why the order should not be made (See below).

If the court does not grant an interim Violence Restraining Order they may issue a summons for the respondent to come to the court for a hearing (See below).

 

 

what does this mean?

Expert:  Brisbane-Lawyer replied 3 years ago.
It means if the Court doesn't grant the VRO, they can send for the person that the VRO was supposed to be placed on, and have that person attend Court to hear what the Magistrate has to say.
Customer: replied 3 years ago.

no but how does this apply to what you said last night? in the fact that the interm will expire in three months. the above writing says you have 21 days to objevct or the final VRO become valid. which then say it lasts for two years?

 

When does the Violence Restraining Order come into force?

A Violence Restraining Order comes into force as soon as it is served on the respondent. If it has not been served, the order is not in force (that means it has no power or authority).

If the respondent is in court when the order is made against them the order comes into force straight away.

A final order against:

  • an adult stays in force for 2 years, or whatever time is stated in the order
  • a child stays in force for no more than 6 months.

If a person is convicted of certain violent offences in a criminal court that court can automatically make a lifelong Violence Restraining Order against an adult or a child unless the victim does not want it.

Telephone orders normally last for 72 hours or the time stated in the order.

Expert:  Brisbane-Lawyer replied 3 years ago.
The way it works is that there is an initial hearing. The accused (person the order will apply to) is not allowed to attend that hearing unless the complainant gives their consent. That is usually a closed hearing meaning the public is not even allowed to watch the proceedings.

At that hearing the interim VRO can be granted, and it is then served. Once served, the accused has 21 days to lodge an objection or a consent. It seems that WA has recently extended the term of the VRO's from 3 months to 2 years.

Once an objection is lodged, there will be a hearing before a Magistrate. If no objection is lodged, the VRO will be in place for 2 years.


Edited by Alex on 12/21/2010 at 8:19 PM EST
Customer: replied 3 years ago.

so there both parties will have witnesses, evidence, and laywers to talk for them ect ect

 

 

Expert:  Brisbane-Lawyer replied 3 years ago.
Yes, that is correct.

And you can also cross examine the other side's witnesses.
Customer: replied 3 years ago.
<p>would the statement, "some advise, don't leave your ex particluar photos then piss him off" be consided means for a VRO?</p><p> and what should i do from here? do you know any really good lawyers in perth?</p><p> </p>
Expert:  Brisbane-Lawyer replied 3 years ago.
Yes, Peter Fraser is a well respected criminal lawyer who could assist you further with this. He can be reached on (08) 9289 9888.
Customer: replied 3 years ago.
how can i reach him it did't come up? and why would that be a threat?
Customer: replied 3 years ago.
is their a difference between a AVO and VRO?
Expert:  Brisbane-Lawyer replied 3 years ago.
Some states call these orders AVO's, others VRO's. In Queensland they are called Peace and Good Behaviour Orders, but the mechanics of protections orders is largely the same throughout Australia.
Customer: replied 3 years ago.
"some advise, don't leave your ex particluar photos then piss him off" can you explain why this is a valid threat?
Expert:  Brisbane-Lawyer replied 3 years ago.
Because the recipient felt threatened by it.

You don't have to convince me that there is probably no need for this person to seek a VRO against you. But I'm not the person who needs to be convinced. The Magistrate is.

I suggest you get your objection in and then take it from there.

Edited by Alex on 12/23/2010 at 6:59 AM EST

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