Apply for a restraining order

A family violence restraining order is designed to protect a person from being physically or psychologically abused by another person, they can be called something different in each state.  The order prevents someone who is in a close family-type relationship with you (current or former partner/spouse, family member) from communicating with you or visiting you at home or your workplace. It can also prevent that person from coming within a certain number of metres of you.

When a child or children are involved, exceptions are often made to enable you to communicate with your former partner. Such exceptions may include:

• Contacting to arrange for them to spend time with the children
• To attend mediation or family dispute resolution, discuss arrangements for the children, and end your financial connection with that person.

Every new family violence restraining order and police order is automatically recognised and enforceable across Australia. This means that if you move or visit another state, you don’t have to go to court to register your order, and the order can be enforced by local police no matter where the victim and perpetrator are located in Australia.

Restraining orders are sometimes named differently within Australia. Use tabs to find the official legal name for a ‘restraining order’ in each state or territory.

Applying for a restraining order involves several steps which may vary slightly depending on your location. Generally, you will need to fill out an application form and provide evidence to support your request.

1. Filing out an Application:
   • To obtain the necessary forms, visit your local Magistrates’ Court or contact a legal aid service. Many courts also have online forms available for download.
   • Complete the application form, providing detailed information about the abuse or threats you have experienced. Include dates, times, and specific incidents that demonstrate the need for protection.
2. Providing Evidence:
   • Gather evidence to support your application, such as photographs of injuries, police reports, medical records, or witness statements. The more detailed your evidence, the stronger your case will be.
   • Some states allow you to attach an affidavit outlining your experiences to your application.
3. Lodging the Application:
   • Submit the completed form and any supporting evidence to the court. In some states, you may need to attend an initial hearing where a magistrate will review your application.
   • In urgent cases, you can request an interim order, which provides immediate protection until a full hearing can be held.
4. Attending court if required
   • You may need to attend court to have your case heard or lodge the application. You can choose to have the first hearing without advising the Respondent (the person you seek to restrain) until your application has been heard.
   • You can have a support person with you in court.

Applications for a Domestic Violence Order can be made at a Magistrates’ Court or through the children's court if the application involves a child. Find links for courts in your state and verified organisations who can support you.

Once your application is lodged, it will go to court for a hearing. This can be a daunting experience, but understanding the process can help you prepare.

1. Court Hearing:
   • During the hearing you will be required to present your evidence and may need to testify about your experiences. The abuser will also have the opportunity to respond to the allegations.
   • The court will consider the evidence from both sides and determine whether a restraining order should be issued. If granted, the order will specify the conditions the abuser must follow.
2. Legal Representation:
   • It is advisable to seek legal representation, especially if the abuser has hired a lawyer. Legal aid services are available in most states to assist those who cannot afford a private lawyer.
   • Support services and court advocates are often available to help you navigate the process and provide emotional support during the hearing.
3. Interim Orders:
   • If the situation is urgent the court may issue an interim order to provide immediate protection until a final decision is made. This interim order is enforceable as soon as it is issued.

State-Based Differences:

• New South Wales: In NSW the police can apply for an AVO on your behalf, which is known as a “police-initiated AVO.”
• Western Australia: In WA Violence Restraining Orders (VROs) can be contested in court, and the process may involve multiple hearings.

If the abuser violates the conditions of a restraining order, it is essential to report the violation immediately. Violating a restraining order is a criminal offence and can result in serious consequences for the offender.

1. Contact the police:
   • If the abuser breaches the restraining order, contact the police immediately. Provide them with a copy of the order and any evidence of the violation, such as text messages, photographs, or witness statements.
   • The police can arrest the offender and charge them with breaching the order, which can lead to fines, imprisonment, or additional legal action.
2. Document the breach:
   • Keep detailed records of any breaches, including dates, times, and descriptions of what occurred. This documentation will be important if the matter goes to court.
   • If possible, gather additional evidence, such as screenshots of threatening messages or photographs of damage caused by the abuser.
3. Seek legal advice:
   • If the violation is severe or recurring, seeking further legal action, such as applying for a stronger or extended restraining order may be necessary.
   • Legal aid services can provide advice and representation if needed, especially if you need to return to court to address the breaches.