A restraining order in family law may include an Apprehended Violence Order (AVO). It can also include an Apprehended Domestic Violence Order (ADVO) that is a type of family violence restraining order.
Apprehended Personal Violence Order is a personal safety intervention order. It seeks to protect a person (known as protected person) against physical violence from those who are not family members. This can include a coworker or a friend etc.
Even injunction orders are relevant to family law restraining order. Moreover, people may also use the term intervention orders to refer to a restraining order in Australia. Parties can make application for this at Magistrates Court as well.
A restraining order in family law is for personal protection. It is also for sole occupation of the former home and protection of property. Courts use this generally when the safety and/or well-being of children is under threat.
Section 4AB of the Family Law Act (1975) defines family violence as follows: Any violent or threatening behaviour by a person that coerces or controls a member of the family or causes that family member to be fearful.
This injunction order may either ask a party to do something, or prevent the party from doing some particular act. These are family violence orders that protect a person from a family member who is subjecting them to violence. Depending on the jurisdiction or state of Australia you reside in, there may be different names for a restraining order.
These protective restraining orders are also called:
- Apprehended Violence Order (AVO) in New South Wales,
- Domestic Violence Order (DVO) in Queensland,
- Intervention Order (IO) in South Australia,
- a Violence Restraining Order (VRO) or a Misconduct Restraining Order (MRO) in Western Australia,
- Family Violence Intervention Order (FVIO) in Victoria,
- Domestic Violence Protection Order (DVO) in the Australian Capital Territory,
- Family Violence Order (FVO) or Police Family Violence Order (PVFO) in Tasmania,
- Domestic Violence Protection Order (DVO) in the Northern Territory.
How to Obtain a Restraining Order?
The court will make such orders when it knows that the person who the order is made against has committed family violence or domestic violence against you, and is also likely to commit family violence against you in the future. They can also be your ex-partner.
Either you can apply for the order yourself, or the police can apply for the order on your behalf. You or the police – whoever made the application – have valid reasons to believe that the respondent will commit family violence against you. Respondent is the person that court makes a restraining order against.
Once a party makes an application, the Registrar in some circumstances, or the Court can make an interim AVO order. The interim order can provide necessary protection to the party until they can attend the final court hearing.
In fact, for matters that are urgent such as serious domestic violence where a party is in immediate danger, even senior police officers can issue a provisional apprehended domestic violence order or ADVO, which is a type of restraining order.
What Is an Injunction?
Much like apprehended violence orders, the Federal Circuit and Family Court of Australia can make orders that refrains a person from engaging in some kind of activity or requires a person to do some kind of act.
Courts can make injunction orders under Section 68B and Section 114 of the Family Law Act (1975). In case of parenting matters, family court can make an order under Section 68B for the personal protection of the child, the child’s parent, protection of anyone who has parental responsibility, or a person with a parenting order in respect of the child.
On the other hand, under Section 114, courts can make injunctions for financial and matters. For example, the court can make injunctive orders in relation to use or occupancy of the matrimonial home and also for the personal protection of a party to the marriage.
Sole occupation is relevant if two parties separate and one of them has sole occupation of the house. The matrimonial home, even if it belonged to both parties, can go to one party if the other one behaves in a hostile manner.
Court Has Made a Restraining Order Against Me. What Are My Next Steps?
While a restraining order such as an AVO, ADVO is not a criminal charge in itself, breaching such an order will be a criminal offence. If the court has made an order against you, and you breach the order, you may get a heavy penalty and a heavy fine.
In some instances, depending on the severity of the breach and if the case involves family and domestic violence, the party who breaches the order may also receive an imprisonment term.
It is important to know that you cannot act in a way that is inconsistent with the order, even if the person the order is protecting you encourages you to do so. For example, if the order specifically states that you must not communicate with the person in need of protection, you must obey this no matter what.
This also includes situations in which the protected person himself or herself gets in touch with you via text or call. You must refrain from responding to their messages or calls.
If you do not agree with the AVO, you can present evidence to demonstrate to the family court that you should not get an AVO against you.
Seek Legal Advice from Leading Lawyers Sydney
Whether you wish to make an application for a restraining order, or if the court has made a restraining order against you, it is very important to connect with family lawyers who can help you with these matters.
When making an application, you may be required to show evidence such as providing police statements, medical evidence, and any other personal documents. Moreover, if the case escalates to the court, you will be required to give your evidence by going into the witness box.
At JB Solicitors, we have an experienced family law team that is dedicated to making your matter easy for you. We have an award-winning team of lawyers who have the experience of reaching settlements, and also of representing clients in the court.
Whether you are dealing with a simple or a complex matter, you can contact our team today in case you have more queries.
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