Restraining Orders

The Children’s Court deals with Restraining Order applications involving Children. Due to recent changes in legislation the Children’s Court now deals with Restraining Orders regardless of whether the child is the protected person or the respondent (person bound by the order).

The person who applies for a restraining order against another person is known as the applicant.

There are two types of restraining orders:

Misconduct Restraining Orders are intended to restrain a person from:

A statutory fee is incurred when applying for a Misconduct Restraining Order. The Registrar may waiver this fee if the applicant can demonstrate that he/she cannot afford the fee.

A Misconduct Restraining Order Application (download below) must be filled in and submitted to the court for processing.

Violence Restraining Orders are intended to restrain a person who the applicant believes is likely to:

There is no fee for applying for a violence restraining order. A Violence Restraining Order Application (download below) must be submitted to the court to process the order.

Family Violence Restraining Orders are intended to restrain a person who:

‘Family violence’ means violence, or a threat of violence, by a person towards a family member of the person; or any other behaviour by the person that coerces or controls the family member or causes the member to be fearful. Examples include:

If you have already been attacked or threatened with violence, a criminal offence may also have been committed. You should tell the police and ask for an offence report number.

Last updated: 31-Oct-2017

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