Violence Restraining orders are orders made under State laws that provide a quick and flexible method of obtaining legal protection from many forms of violence or unacceptable behaviour. Family and domestic violence includes emotional, physical, sexual and psychological abuse. If your partner, ex-partner or a family member hurts, threatens or humiliates you, it is family and domestic violence. If someone is violent to you, threatens you or your property, harasses or intimidates you and you are concerned that it will continue then you can apply to have a violence restraining order taken out against them. Although each order is individual, a violence restraining order can make it against the law for that person to come near you or your property. If they did, then they would be committing an offence.
The law states that an act of family and domestic violence includes assaults, injuries, threats, stalking, damaging property, hurting animals or pets, and acting in an ongoing intimidating, offensive or emotionally abusive manner.
Physical violence, stalking and threats of violence are crimes.
Violence restraining orders are the more serious of the orders and are intended to restrain a person who:
- you believe is likely to either commit a violent personal offence against you, or a person for whom you have legal responsibility – such as a child; or
- behave in a way to create a fear that such an offence will be committed.
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.