Do you want to know how to file a restraining order? This is a fairly common court order made to protect people who are victims of domestic and personal violence, harassment, or stalking. However, the process to file it is not so simple.
Of course, you’d have to prove that your perpetrator did abuse, harass, or stalk you. You must express how this has affected you physically, emotionally, mentally, or financially. You would also need to know that there are two types of restraining orders:
1) A Family Violence Intervention Order is typically appropriate if you want to request an order against a relative, current or former partner.
2) A Personal Safety Intervention Order is the second option that can be used to offer protection from a person who is not a relative or family member.
It’s a relief that such orders are available for victims of abuse and/or harassment to protect victims. However, to know their availability is not enough. What if you need one right now or in the future? Let’s discuss what a restraining order is to answer this question.
Restraining Orders in Australia
A restraining order is an order issued by the Court to protect a person from violence. The order has various names in different states:
- Australian Capital Territory: Family Violence Order
- New South Wales: Apprehended Domestic Violence Order
- Northern Territory: Domestic Violence Orders
- Queensland: Domestic Violence Orders
- South Australia: Intervention Orders
- Tasmania: Family Violence Orders
- Victoria: Intervention Orders
- Western Australia: Family Violence Restraining Orders.
Family violence orders have different titles in each state and territory. However, the procedures are the same, and if necessary, family violence orders made in one state or territory can be registered for enforcement in another. Young people are not exempt from abuse and harassment. That’s why children can also apply for a restraining order through the Children’s Court.
Australian Capital Territory (ACT): Family Violence Order
How to file a restraining order in the ACT? It’s easy. All you have to do is follow these five steps:
- Fill up this application form.
- Provide a private and confidential form for the police.
- Include a notice of address for service.
- Lodge these forms at the ACT Magistrates Court, Knowles Place, Canberra.
- Go to the counter when you arrive at the ACT Magistrates Court. After submitting your application papers, a date for a preliminary conference will be provided to you when you submit your application.
New South Wales (NSW): Apprehended Violence Order (AVO)
So do you want to know how to file a restraining order in NSW? First, we should know if you are eligible to apply for one. The following people can make an application:
- The police on your behalf (police application)
- A guardian appointed under a guardianship order
- You personally (private application).
For a police application, they will evaluate whether any of these reasons exist:
- a domestic violence offence has been, is being, or will be committed against you
- The defendant has recently, is currently, or will likely stalk or intimidate you to cause you to fear physical or mental harm
- An offence against a child or young person has been, is being, or will be committed
- There are proceedings against the defendant for any of the above offences.
If the police decide not to act on your behalf, they must indicate in writing the reason for doing so. Now, this leads you to applying on your own.
In a private application, you need to contact the Local Court. In NSW, some courts may have a special Apprehended AVO kit or a form you can fill out to apply for an AVO. At other courts, you must make an appointment with the Registrar, who will help you apply for an AVO. To clarify your next plan of action, you should call or go to your nearest Local Court to find out what you need to do.
Victoria: Violence Intervention Order
How to file a restraining order in Victoria? Similar to NSW, the police may also apply on your behalf. You can also apply personally by:
- Making your complaint under oath or affidavit.
- Fill out this application form.
- Submit your application either at the Magistrates Court or the Children’s Court.
Queensland: Domestic Violence Orders
What about in Queensland? In QLD, these are called ‘domestic violence orders. To apply:
- Complete the online application.
- Sign the form as a statutory declaration, which is witnessed by a Justice of the Peace (JP), Commissioner for Declarations (Cdec), or a lawyer.
- Lodge the application and all its attachments at the Magistrates‘ Court.
South Australia: Intervention Orders
How to file a restraining order in South Australia? Unlike in the other states, here, the police may issue these orders aside from the courts. For police interim intervention orders, the police will assess your situation and, if they deem it necessary due to risk and imminent danger to you or your child, they will issue an order.
When you have been the victim of behaviour that constitutes a criminal offence or the threat of one, you may apply to a court-issued intervention order at your neighbourhood police station. The police may invite you to submit a private application to the court if no evidence of illegal behaviour is present, and they will help you comprehend the procedure. You must:
- Make a statement of your circumstances relating to the application.
- Wait for the assessment of the police prosecutor. The officer will ask the court for an order.
- After the issuance of the order, the police will serve the order on the defendant.
Tasmania: Family Violence Order (FVO)
How to file a restraining order in Tasmania? Here, the police may also apply on your behalf. However, if you opt to file an FVO personally, here’s what you must do:
- Fill in an Application for Family Violence Order (DOCX, 55.7 KB).
- Reproduce the form in 5 copies and submit it to the nearest Magistrates Court Registry. No filing fees apply to Family Violence Order applications.
There will be hearings to allow the respondent to express whether they give their consent or contest the application. If they contest it, the Magistrate may list the matter for mediation before the final hearing.
Northern Territory: Domestic Violence Orders
How to file a restraining order in the Northern Territory? In this state, you can ask the help from the police if you’re in a risky situation. Thus:
- If you’re in immediate danger, call the police on 000.
- The police will make an order without having to apply to the court.
These are the steps on how to apply for a DVO:
- Apply to the Local Court in writing, stating why someone will commit domestic violence against you and provide situations of violence that have occurred.
- Complete the Application for Domestic Violence Order form.
- Submit your application to the criminal registry at the Local Court.
Western Australia: Family Violence Restraining Orders
How to file a restraining order in Western Australia? In WA, you can apply in person or online. For online, you’ll need an approved legal service provider. There is a text box where you can specifically outline the supporting documentation for your application when submitting it online.
The authorised legal service provider will ask you to certify that the data you included in your application is accurate. Once your application has become an affidavit, you can use it in court to support your case for why the judge should issue an FVRO. Here’s a checklist for your reference.
Final Thoughts
Yes, it’s hard to deal with abuse or harassment, especially if it’s your partner or ex-partner. No one deserves it, and it’s difficult enough to muster up the courage to file for a restraining order. However, we are here to tell you that you are not alone in your legal battles. Various government agencies and hotlines are readily available to listen to you when you’re ready to speak up.
Should you decide to file for one, the perpetrator must ensure that they follow the order. If they breach the order, the court will label it as a criminal offence, which can result in penalties or imprisonment. It’s a no-brainer that perpetrators must obey whatever the restraining order says.
How To File a Restraining Order With Us?
If you are experiencing family violence, it is important to seek legal advice from a family lawyer. Like we said, various government agencies can help you. However, you should approach such matters with legal help.
A family lawyer can help you understand your legal rights and options, and they can assist you with the process of filing a restraining order or family violence order (FVO). At a court hearing, a magistrate will ask for evidence that supports your restraining order application. In this process, you will need a lawyer to back up your claims and the process for the order.
Family lawyers at JB Solicitors have specialised knowledge and experience in dealing with family violence matters. We can provide you with accurate and up-to-date information about the law and help you understand your options as a protected person.
Let us help you get a restraining order today. We’ll listen, deliver, and provide results.
Contact us if you need help lodging a family violence restraining order.
