Violence Restraining Orders

A Violence Restraining Order (VRO) is an order of the court which places restrictions on a person (respondent).

Those restrictions might include not to contact the applicant or approach within a certain distance of them or any place they may live, study or work. The purpose of the order is to reduce the risk of any threat or violence being perpetrated against the protected person. Unfortunately, people abuse these orders and use them to manipulate child custody and settlement proceedings.

There are two types of VRO’s – one where the applicant or protected person is in a family or domestic relationship with the person against whom the order is made (FVRO). The second involves a situation where the person protected is not in a family or domestic relationship with the opposing party.  

Breaching a VRO is a serious criminal offence

It is listed under Schedule II of the Bail Act as a serious offence and if a person is convicted of three breaches, they must persuade the court it would be unjust not to be sentenced to a term of imprisonment.

Applications for a VRO

These commence with the applicant filing the necessary paperwork with the court. The applicant will be put before a Magistrate to explain why they need a VRO. This occurs in the absence of the person who the VRO is sought against. If a Magistrate is satisfied there are grounds for protection (there has been an act of abuse or personal violence and they are fearful it may happen again), they will grant an interim VRO. This becomes effective when the police serve the interim order on the respondent.

Once served a respondent can accept the interim order and not contest it

This means the court will make the order final, generally for a period of two years. If the respondent wants to oppose the order, they have 28 days to file their objection. The applicant and respondent will then need to attend court. If the matter can’t be resolved, it will be listed for a final order hearing (trial).

Dr Clint Hampson has a wealth of experience representing both applicants and respondents.

He will attempt to reach a resolution without the need for a final order hearing as this is expensive to all parties and can be detrimental to everyone involved.

VRO applications can be resolved by way of an undertaking, or where the parties were in a domestic relationship, by a conduct agreement. A conduct agreement will have similar terms to a VRO but is agreed upon without any admission of guilt. Breaching a conduct agreement is still a criminal offence.

If the matter can’t be resolved and proceeds to trial, Dr Clint Hampson can represent you. The rules of evidence don’t necessarily apply which often makes these hearings more difficult. Dr Hampson is experienced with the chaotic nature of these proceedings and will always do his best to achieve the best possible outcome.

    1. You only have 21 days to object to an interim VRO – if you don’t object the court will likely make the order final for a period of two days.

    2. The terms of a VRO or conduct agreement can be flexible. It can be tailored to suit the needs of the parties.

    3. Children can be included as a protected person on a VRO or conduct agreement.

    4. There are no disclosure obligations with final order hearings. This means it is often difficult to predict what the other side will say or do.

    5. VRO’s are a civil matter – breaching a VRO or conduct agreement is a criminal offence.

If you want to apply for a restraining order or want to object to one, please contact Dr Clint Hampson immediately.