Apply For A Restraining Order
Lawyers & Barristers

Why would I get a VRO? - You can apply for a Violence Restraining Order if you feel that someone has committed an act of abuse against you and you believe that the abuse will continue in the future.

Why would I get an MRO? - You can apply for a Misconduct Restraining Order for persons that you are not in a family or domestic relationship with. They are used to restrain a person from acting in a manner that is intimidating, offensive or in breach of the peace towards you. These are often used in neighbourhood disputes where no actual violence has occurred.

Can I apply for a Police Order? - Only the Police can grant Police Orders that are generally used for periods of 24-72 hours. The Police usually affect this Order when domestic violence has been reported.

It is important that you contact a lawyer to decide whether obtaining a VRO or MRO is right for you. If you apply for the wrong type of Order, you may fail in your application and have a potential cost order made against you.

A lawyer will be advise you as to the best type of Order to obtain and assist you in making the application. If the Order is disputed, a lawyer can represent you at the hearing by questioning yourself and your witnesses as well as cross-examining the Respondent and their witnesses.

You apply for an MRO or VRO through the Magistrates Court. A Magistrate or Registrar will ask you questions as to why you need the Order. Upon hearing your evidence they will decide whether or not to grant the Order, then decide what Orders to put in place if they determine that a VRO or MRO is necessary for your protection.

The Applicant must provide evidence that the Respondent has committed an act of violence or intimidation against them and is likely to commit an act of abuse, violence or intimidation against them.

It is also necessary to provide evidence that the Applicant reasonably believes that the act of violence or abuse will occur in the future.

What’s an act of abuse?

An act of family and domestic violence or an act of personal violence. This can include but is not limited to: Assaulting, kidnapping, depriving of liberty, damaging property, intimidating, pursuing the person in a manner that could be reasonably expected to intimidate the person. Threatening any of the behaviours listed. The acts must be committed against the applicant, with whom the respondent is in a family and domestic relationship.

What do I have to prove for an MRO?

That the Respondent likely to: behave in a manner that could reasonable be intimidating or offensive to the person seeking to be protected and would intimidate or offend them; or cause damage to property owned or in possession of the person seeking to be protected; or behave in a manner that is or is likely to lead to a breach of the peace.

If the respondent objects to the VRO or MRO, a Final Order Hearing will occur to determine whether or not a final Order should be in place for a period of up to 2 years.

A Final Order Hearing is similar to a Trial. It is a full hearing of the matter, including hearing of all the evidence as to what violence or acts are alleged and whether there is a risk to future violence.

At the end the hearing the Magistrate will decide whether or not grant the Order and for how long the Order will be in effect.