I know theres some legal ladies on here.
Wondering what the requirements are to get a restraining order on someone?
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21-12-2011 23:24 #1
Requirements for restraining order
21-12-2011 23:28 #2
No idea but hope all is ok
22-12-2011 00:11 #3Senior Member
- Join Date
- Oct 2007
Basically a Violence Restraining Order (this is what they are called in WA) is granted when the court accepts that there is a real or perceived threat to a persons safety and/or their property.
The court will consider things such as the history of a relationship (whether this is romantic, family, friendship, work colleagues, neighbours etc) and whether there has been any actual violence or threats. It will also consider the respondents criminal history, whether there is an medical evidence of injury, the age of the parties, whether there are children, location of the parties and whether there are any weapons available to the respondent. The Court looks at emotional abuse as a part of the application but is unlikely to grant a VRO on this ground alone. Stalking is grounds for granting a VRO even if no actual or even threatened violence has occured.
If you can show the court that you have reasonable grounds to believe that your safety is at risk from the respondent it will grant your application. In WA a respondent can object to an interim VRO and a final hearing will take place which generally requires more concrete evidence such as medical reports, police reports, witness reports as well as the applicants own evidence.
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