Restrain Orders & Family Violence Legal Services

Family Violence and Restraint Orders

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 behaviour 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 behaviour towards another and will be made by a Magistrate if there is a continuing risk of provocative or offensive behaviour, physical or threatening 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 the 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.

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