Misconduct and Violence Restraining Orders

Family violence is a serious issue for our communities and is taken very seriously by the Courts.

Some of the comments the Courts have made are concerning Violence Restraining Orders are:

‘…that violence restraining orders are not to be made merely because of general feelings of animosity between the parties or because it seems preferable that contact between the parties might be minimised or prevented’: Low v Weber [1999] WASCA 274.

…’it is not possible to deal with the issue of a restraining order simply on the basis of what is prudent or desirable. Regard must be had to the legal rights of the parties’. McWaters v Shirley [2005] WASC 188 [29]

Whether you are an applicant or a respondent to an application for a violence restraining order, we at Mortlock Ryan & Co can advise you on your options, and provide information on the type of support services that are available for your particular circumstances.