If you’re subject to violent abuse either by a family member, or anyone else, or even regular misconduct, including intimidation or property damage you might want to consider applying for a violence restraining order to a misconduct restraining order (VRO and MRO respectively). When relationships break down, you encounter someone who is unhinged, or threatening, the law is there to protect you. Getting the right help at the right time is critical to ensuring your safety. Here’s all you need to know about the grounds, filing a restraining order application, and how to get help on the way.
What is a VRO?
A violence restraining order can be applied when someone is experiencing abuse or is threatened by another person. Here is what needs to be satisfied for a VRO to come into effect:
For family-related circumstances:
- An assault or personal injury has taken place
- Kidnapping or deprivation of liberty
- Intimidating or emotionally abusive behaviour occurring on an ongoing basis
- Property damage
- Pursuing or having someone actively pursue with the intent to intimidate or does intimidate
- Threatened any of the above
To obtain a VRO against a person outside the family or domestic relationship the following criteria must be satisfied:
- An assault or personal injury has taken place
- Kidnapping or deprivation of liberty
- Pursuing or having someone actively pursue with the intent to intimidate or does intimidate
- Threatened any of the above
A VRO can be filed for and would provide legal protection from the respondent for a given period of time.
What is an MRO?
Although less strict, a misconduct restraining order serves a similar function to the VRO, providing legal protection to a person in case of the following:
- Behaviour that could be expected to be intimidating, offensive, and does, in fact, intimidate or offend the person seeking protection
- Property damage
- Behaviour that is likely to, or does, in fact, result in a breach of the peace
A misconduct restraining order application can only be granted if it is appropriate to do so. Given the circumstances, this will be determined on a case by case basis.
What’s the difference between an MRO and a VRO?
If you’re being pursued, intimated, or abused, it can be difficult to even consider how to move forward, let alone which type of restraining order to file for. A VRO is different from an MRO in a number of ways and depending on your situation, you’ll want to make sure you apply for the right one.
If your situation is family-related, you’ll want to file for a family violence restraining order, or FVRO. This can be against any family member if the situation demands it.
If the behaviour in question falls short or does not quite amount to abuse or serious injury, harm, or property damage, you might want to consider a misconduct restraining order application. A misconduct restraining order is less severe, and will only last for one year. At the final hearing, a magistrate may also decide to grant a VRO, even if the applicant has only filed for an MRO.
On the other hand, if a person is under a more serious threat from abuse, intimidation, or property damage, you may want to opt for a VRO. If your case satisfies all the criteria, from the final decision date a 2 year period of protection will be enforced.
How to apply for an MRO or VRO?
A restraining order application must be applied for in-person at any magistrates court. Exceptional circumstances can result in police applying on someone’s behalf, but this police order will only last 72 hours and have the same effect as a VRO. Once you have filled out the appropriate form, an initial hearing date will be set, which the Applicant must attend to convince the magistrate that an order is necessary. It is up to the Applicant if they want the respondent to be present.
Usually, an interim order will be put in place, this lasts for 6 months until a final decision is made. If the matter is decided on and a restraining order application is successful, the court will serve the Respondent with the relevant court order. If the Respondent decides to reject the order within 21 days, the matter will continue to a Final Hearing.
Getting the right legal help
Qualified legal assistance is both important and highly advisable especially given the difficult personal circumstances surrounding a restraining order application. If you need help filling in the form, or making sure your matter is dealt with appropriately and quickly, it helps to have a qualified lawyer at your side. Make sure you have all the right assistance by enlisting Perth’s best lawyers for the job. Get in touch with WN legal; their team is ready to assist you.
