How do I defend a restraining order?

Defending a restraining order involves attending Court and disputing the allegations made against you.

Get proper legal advice

Once you are served with a copy of the interim restraining order from the Police, you should contact a lawyer immediately. Time is of the essence, and it is important to get proper legal advice early, as the finalising of the order may have much wider implications if the parties are in a family relationship and the jurisdiction of the Family Court is to be invoked.

The first step to resolving the restraining Order

The first step is to attempt to resolve the matter early by consent; but as interim orders prevent contact between the protected person and respondent, a lawyer is best placed to negotiate on behalf of the respondent. Once an interim order is granted, it is not only an offence for the respondent to contact the protected person but also it is usual in such orders that the respondent cannot contact the protected person via a third party unless that third party is a legal practitioner acting for the respondent. It is therefore crucial that you engage a lawyer as soon as possible as the lawyer can communicate and negotiate with the protected person on your behalf.

VRO processing times

The process may take between 6 months and a year, depending on the Magistrates Court that is hearing the matter. This can mean that you may be involved in two or three Court hearings over this time.In the final hearing both parties, and any other witnesses, give evidence about what occurred. The Magistrates will need to be satisfied that violence has occurred and that it is likely to continue to occur again. If satisfied the interim orders are made final, if not, the application is dismissed.Restraining Orders have consequences and if you require assistance and legal advice contact one of our lawyers to assist you in applying for or defending an intervention order.In some cases, costs may be awarded for defending a restraining order application, where an application is found to be without any merit or vexatious.

Contact Appius Lawyers got the right legal advice.

Getting the right legal advice is crucial to the success of any application made or needing to be defended and will reduce the stress that comes with any such application.If you have been served with an interim restraining order, you must reply within 21 days. We can advise you, assist with your reply and provide court representation.