Restraining Orders
Restraining Order Lawyers - Perth
Do you need the protection of a restraining order? Do you need expert assistance to defend yourself against an interim restraining order? Perth clients can trust Smiddy-Brown.
If you have been served with a restraining order it is imperative that you seek immediate legal advice about your options. Representing clients in restraining order matters requires a very different set of skills, as there are a variety of reasons people may apply for a restraining order - harassment, stalking, violence - and there are several types available. Additionally, there a numerous ways of resolving them.
At Smiddy-Brown Legal we are experienced at representing both applicants and respondents in restraining orders. WA residents involved in these emotional and highly charged situations must seek the advice of lawyers who are specialised and experienced in this area.
What is a Restraining Order?
The legislation regulating restraining orders in Western Australia is the Restraining Orders Act 1997 (WA). There are three different types of restraining orders, and they most appropriate order required will depend on the nature of the conduct and the relationship between the parties.
Misconduct restraining order – Applicable for situations where a client is afraid that a person is likely to intimidate or offend against them, cause damage to their property or behave in a manner that is likely to lead to a breach of the peace.
Violence restraining order – WA individuals may apply for this if a person has already committed an assault against them, caused injury, stalked, or threatened to do any of those things.
Family violence restraining order - WA clients can apply for this if a family member (a husband or wife, de facto or person in an intimate relationship, parent, child, or any other related person) is violent, or threatens to be violent towards them, coerces, controls, or instils fear.
Have You Been Served with a Restraining Order?
When served with any type of stalking or harassment restraining order, WA clients may be asked to attend a hearing. If you are asked to attend the hearing, it is vital that you do as it’s likely that an order will be made against you if you don’t attend.
If you are served with a violence or family violence restraining order, the person who is seeking to restrain you may request that you are absent from the hearing and apply for an interim order. If an interim order is granted, you must respond within 21 days or else a final restraining order is likely to be made against you.
Need more information on how to apply for, or dispute, a restraining order in WA? Online is an easy way to contact us, or else you can give us a call on 08 9468 3645 today.
High-Quality Representation, Every Time
As Perth criminal law experts, the team at Smiddy-Brown ensures each client receives strong representation, support, and guidance every step of the way. Our experience and extensive knowledge of processes, procedures and legal technicalities gives our clients the confidence that we will achieve the best outcome for their situation. Whether you need advice on family law, or the assistance of skilled Wills and Estates lawyers, Perth clients trust for honest and transparent advice in a wide range of legal matters. Reach out to us today.