A Family Violence Order is an order of the Court that is made to protect the safety, psychological well being and interests of people affected by family violence who are subjected to direct or indirect physical, verbal or emotional abuse including threats, intimation, abduction or stalking by generally, a spouse or de facto partner. The Order can restrict contact between parties and impose conditions on a person’s behavior towards their spouse/partner and in some cases, children. Anyone in a personal relationship can apply for a Family Violence Order. If the Police become involved they may apply for an order on your or your partner’s behalf even without your or your partner’s consent.
A Restraint Order is an order of the Court that restricts contact between or imposes conditions on a person’s behavior towards another, and will be made by a Magistrate if there is a continuing risk of provocative or offensive behavior, physical or threaten violence, damage to property or trespass by the offending person.
Urgent Restraint Orders and Family Violence Orders can be made on an urgent interim (temporary) basis, where the Court is satisfied that an order may be made without knowledge of the Respondent. Such an order can be made in your absence without you even being notified that the Application is on foot. The order will then be served, usually by Tasmania Police, on the Respondent before a final (longer term) order can be made by the Court.
The Respondent must be given the opportunity to make an appearance in Court to defend or consent to the Application. If you are a Respondent who has been served with an interim order and/or an Application for an order, you or your lawyer must appear in Court on the allocated date, otherwise an order may be made in your absence.
If a Respondent breaches an interim or final Family Violence or Restraint Order, the breach is deemed to be a criminal offence and may be capable of prosecution or result in immediate arrest.
Legal Solutions can assist you in:-
- Preparing an Application for a Restraint Order or Family Violence Order on your behalf to protect you, and or your children and or property
- Providing you with advice as to the merits of opposing an Order or Application that has been made against you
- Negotiating the terms of an Order or Application against you with the other side, their lawyer or the Police
- Appearing at Court on your behalf whether you are the Applicant or Respondent to an Application