Our Services

Restraining Orders and Injunctions 

Burra-Robinson Family Lawyers are here to help families navigate the difficult legal challenges around Restraining Orders and Injunctions

Restraining Order Lawyer Perth

Burra Robinson Family Lawyers is dedicated to helping our clients secure restraining orders and injunctions when they are in vulnerable situations. They can be filed against any individual that leaves a person feeling unsafe or upset.

What is a Restraining Order?

There are several types of restraining orders—these include family violence restraining orders (FVROs), violence restraining orders (VROs), and misconduct restraining orders (MROs).

Each type of restraining order serves a specific purpose and has different conditions. FVROs are used in cases that involve members of the same family—they also extend to current or former spouses and partners. ‘Family violence’ includes more than just physical acts. It covers any behaviour that coerces, controls, or instils fear in family members.

This broad definition recognises physical, financial, emotional, psychological, and sexual abuse as forms of family violence. If you need protection from someone who is not a family member, you can apply for a VRO. They are designed to protect you from acts like assault, injury, kidnapping, threats of such actions, or stalking. Injunctions, also known as ‘court orders’, are used to impose legal conditions on someone’s behaviour.

Each injunction is tailored to the specific case and is generally issued at a hearing following the issuing of a restraining order. Burra Robinson Family Lawyers provides vital support for those feeling unsafe due to others’ actions, offering protection and guidance through legal recourse. We understand the urgency and sensitivity of such cases and emphasise confidentiality and compassionate advice. Our focus is on reducing emotional stress and achieving effective resolutions in family law disputes, guiding clients through each step with a commitment to safety and well-being.

Restraining order request
Family violence

What is a Violence Restraining Order?

Burra-Robinson Family Lawyers have worked with many clients to obtain family violence restraining orders (FVROs) and violence restraining orders (VROs).

Our services for restraining orders include conducting thorough risk assessments, mediation support, assisting with emergency situations, liaising with law enforcement and social services, providing guidance on renewing or modifying orders, supporting clients in case of order violations, and courtroom representation. We help you understand your situation and rights in legal terms, work toward resolving conflicts amicably, and provide strong representation in court when required. Our approach is tailored to the unique aspects of each case, ensuring effective results for those seeking restraining orders

VROs are intended to stop another person from committing or continuing to commit an act of abuse toward you. The common conditions for obtaining one include the following: 

  • You are within certain distances 
  • Attending or being close to your home or workplace. 
  • Contacting you through any means, including third parties. 

The Court making a VRO against another individual does not necessarily signify that they have committed a criminal act. However, police may sometimes decide to charge someone for his/her abusive conduct. However, breaking a condition in the VRO is a criminal offence and could result in a fine or imprisonment being imposed on the victim. 

Burra-Robinson Family Lawyers can assist you with finding out further information about the process and, if necessary, assist with the preparation and lodgement of the relevant Court documents, including on an urgent basis, as well as representation in Court hearings. 

violence restraining order
girl crying

What about a Misconduct Restraining Order?

Burra-Robinson Family Lawyers are experienced in obtaining misconduct restraining orders (MROs), catering to individuals seeking protection from non-violent but harmful behaviours.

We provide a range of services for MROs including legal consultation to understand what constitutes ‘misconduct’, support in mediation to resolve disputes, and representation in court when necessary. Our team conducts detailed assessments for each case, offers guidance on handling emergency situations, assists in responding to violations of orders, and liaises with relevant authorities.

Our expertise also extends to advising on the renewal or modification of MROs, ensuring clients receive support that is specific to their needs. Our commitment to personalised legal support ensures clients are well-informed and effectively represented in these complex cases.

What about an Injunction?

You can also seek an injunction from Family Court to obtain personal protection, along with a restraining order. 

An injunction, which is an order issued by the Court to stop a party from performing certain acts or other things, is called a Court order. A Court may issue an injunction if the conduct is unacceptable. 

  • Is likely to have or has had serious adverse consequences 
  • Is systemic in nature or presents ongoing compliance and enforcement issues 
  • Where the entity in question is acting recklessly or deliberately, or where they are not cooperating with others. 
  • These concerns raise significant public concerns. 
stop violence
Restraining order

 

The Family Law Act gives the Family Court the power to issue an injunction to safeguard the welfare of a child. An injunction could be: 

  • For the protection and personal well-being of the child, parents or other carer should they be involved. 
  • To stop someone from entering or remaining inside a place. 
  • To prevent someone from moving with the child or taking them overseas. 

Injunction applications are often made on an ex parte basis. This means the application can be made without the presence of the other party. Ex parte requests are for serious or urgent cases. Before making this application, it is important to get legal advice. Contact the team at Burra-Robinson Family Lawyers for assistance. 

Why choose our restraining order lawyers

Choosing Burra-Robinson Family Lawyers is a decision underpinned by our team’s extensive experience in obtaining restraining orders, injunctions, and family law in general. We offer a comprehensive range of services relating to restraining orders and injunctions—this includes dispute resolution, mediation, and court proceedings, with the flexibility of meeting clients in person or via video call.

We prioritise understanding and addressing the unique needs of every client, ensuring they receive both expert legal guidance and empathetic support. Our team is led by Lance Burra-Robinson, a graduate of Law and Politics from the University of Western Australia. Lance’s experience includes over ten years of exclusive practice in family law and a role as a registered independent children’s lawyer (ICL), representing clients across various courts in Western Australia.

Our team member Kaitlin Jones is a paralegal and law clerk with a strong focus on family law, currently studying Law and Criminology at the University of Western Australia, adding a fresh perspective to the team. Jill Smith, the head of the administration team, ensures seamless coordination and client support and highlights our commitment to a client-centred service. As a united team, we have a long track record of achieving good outcomes for our clients including complex cases involving physical and emotional harm, threatening behaviour, property damage, coercion, financial matters, and more.

Our Process

Obtaining a restraining order is a structured process. Initially, the type of restraining order needed should be determined: a family violence restraining order (VRO), violence restraining order (VRO), or misconduct restraining order (MRO). The process of obtaining a restraining order begins with seeking legal advice, ideally from a law firm that specialises in this area like Burra-Robinson Family Lawyers. This initial step is crucial to understand the legal framework and requirements for the type of restraining order you are applying for. Once advised, your application will be made to the Magistrates Court. The court then sets a date for the first hearing (usually within a few days). In urgent cases, the police can issue ‘police orders’ which serve as a restraining order for up to 72 hours.

This typically provides enough time for our clients to be seen at an interim hearing. At the initial hearing, the Justice of Peace or Magistrate assesses whether there’s sufficient evidence to grant an interim order, which is a temporary measure for protection until the next court date. If an interim order is granted, the case proceeds to a ‘final order directions’ hearing. This hearing determines whether you and the other party will settle the matter or if it will go to trial. Preparation for trial is a critical phase, requiring a thorough understanding of the rules of evidence. Legal representation is strongly advised to enhance the chances of a successful outcome. The trial hearing is the stage where the court decides whether to issue a final restraining order and/or an injunction, based on the evidence presented.

Your Safety is our Priority 

To find out more about injunctions and restraining orders, by getting in touch with one of our friendly and experienced Perth family lawyers at Burra-Robinson Family Lawyers. 

FAQs

Restraining Orders and Injunctions in WA

Navigating family law matters can be complicated, and you deserve the very best.

Our team of experienced, compassionate lawyers can help to reduce the emotional stress and achieve a quick resolution. 
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