It is possible to acquire a court order known as a restraining order for several different reasons among the most common ones is to stop someone from bothering you, following you about, or making unwanted contact with you. For instance, during the process of getting a divorce, you can apply for a restraining order to stop your ex-spouse from attempting to contact you or coming near you and your children. This is especially important if there is a risk of physical or mental violence, such as psychological abuse, and you want to protect yourself and your family from this risk.
On the other hand, you have the option of applying for a restraining order with a restraining order lawyers Perth in order to safeguard your property from being damaged or destroyed. The specifics of the court order, including its scope and duration, might be different based on the circumstances you find yourself in.
Valid Reasons to Seek a Restraining Order
Among the most frequent reasons a person receives a restraining order is when they have been harmed or harassed physically or mentally. Another lawful reason to obtain a restraining order is an abusive relationship. If you can demonstrate that you or your kids are in danger, you may be able to get a restraining order that restricts your attacker from calling you, pestering you, threatening you, or communicating with you.
Your abuser will be required to leave your home, they will be barred from entering your place of employment or the schools where your children go, and they may be prohibited from engaging in certain activities, such as calling you or possessing a handgun. Your abuser risks being arrested and sent to jail as soon as they commit any violation of the restraining order that has been issued against them.
How to Obtain an Order?
Only via the legal system is it possible to obtain a restraining order for yourself or someone else. If you are in urgent need of a restraining order due to domestic abuse you can file a petition with the courts for an urgent hearing. Your reasons for getting a restraining order will be evaluated by the court, and if one is issued, it will need to be served correctly on the individual who is being charged.
If you are filing for divorce and there are claims of domestic violence against your spouse, you have the possibility of requesting the order at the beginning of the process or at any time thereafter. The final divorce court order may contain it, or it may be issued separately.
What Steps Must Be Taken to Obtain a Protective Order?
The procedure for obtaining a restraining order is not too complicated, but legal documents can often be difficult to comprehend. When filing the order, please do not be reluctant to seek the advice of a criminal defense lawyer; doing so will guarantee that it is done correctly the very first time. A lawyer who specializes in restraining orders can also assist you in including information regarding the order which will raise the likelihood that the court will grant the restraining order.
