An interim restraining order can be obtained against you comparatively easily.
Interim restraining orders are usually obtained without you being present, this is called an ex parte hearing. The person applying for the restraining order just needs to satisfy the Magistrate on the balance of probabilities that you have committed or may commit an act of personal violence against them. Their evidence is not tested and the interim hearing is usually very brief.
Defences to a restraining order are usually that the application is without any basis, or that the applicant has actually been violent to you or wants the order for other reasons such as to pressure you in family court proceedings.
Other ways to resolve a restraining order are to agree to a conduct agreement order, or agree to a mutual civil undertaking.
If you breach an interim restraining order, it is the same as if you breached a final order.
Breaches of restraining orders can happen easily particularly if you have children with your ex partner or if they contact you in breach of their own restraining order.
A single, minor offence of breaching a restraining order usually results in a fine. But repeated breaches can result in imprisonment. There is mandatory sentencing for third and subsequent breaches of a restraining order.
Defending restraining orders can be emotionally draining and difficult as you are usually dealing with former friends, partners or associates. At James Jackson Criminal Defence we have successfully defended numerous restraining order applications. We will guide you through the process and formulate a successful defence strategy to ensure the best possible outcome is achieved in your restraining order matter.
