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Violence Restraining Orders

Violence restraining orders are intended to restrain a person who:

  • you believe is likely to either commit a violent personal offence against you, or a person  for whom you have legal responsibility - such as a child; or
  • behaves in a way to create a fear that such an offence will be committed.

If you have already been attacked or threatened with violence, a criminal offence may also have been committed. You should tell the police and ask for an incident report number.

Under special circumstances, a violence restraining order can be sought by the police on your behalf by telephone, at any time, any day. Telephone orders as such only remain in force for three months at most.

Life-long restraining orders can also be granted in extreme cases.

When a violence restraining order is made, the court or magistrate will also make an order preventing the respondent from having a firearm licence or any guns. It is essential that you inform the police or court if you are aware that the respondent has access to a gun.

Consent is not a defence to breaching a violence restraining order. Even if the victim says it's okay to get together, it is considered a breach of the order and may lead to time in prison.

There is no fee payable when you apply for a violence restraining order.

Last updated: 12-Apr-2019

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