The procedure one has to go through to obtain a restraining order can be somewhat arduous and definitely stressful, but that as it may, one might be necessary. An injunction is a court order that requires that something has to be done and if the case happens to be of a violent or threatening nature, two types of injunctions can provide protection to a victim and these are a non-molestation order and occupation order.
- A non-molestation order forbids an abuser, or stalker, from coming anywhere inside of a set distance of the victim or potential victim.
- This is commonly used in domestic abuse and separation cases.
- An occupation order will give specifics on who or who not may be allowed to live in a shared home.
- This can declare that one or other of the parties has to leave the home, at least for a specified period of time, until a more permanent settlement has been reached.
Protection and Imminent Danger
There are two variations of thought when it comes down to the nature of a typical restraining order. The first is protection against harassment, and the second is an order of protection. The differences between them may seem confusing, so many legal experts agree that you should try consulting with criminal law firms in Perth, before seeking a restraining order.
- If you believe you are in any kind of danger of any type of bodily harm from somebody you know, the first thing you should do is call 000.
- The responding officer will assist you through the necessary process of how to obtain a restraining order and If things are dangerous, you should stay with family, friends or get over to a domestic violence shelter, where people will help you to obtain the order.
Information is a Must
Normally, getting a temporary restraining order begins by filing out a claim at a local police station, where the officers should provide you with some forms to fill in. This will leave them with your identification, contact information, plus a detailed report of what incident(s) prompted you to take such an action. They will also ask for any other evidence of harassment, threats or bodily harm. You should take everything such as photographs of injuries, copies of threatening communications and official incident reports.
Going to Court
After you have filled out all the forms and handed over evidence, the case will then go to court. A judge will then consider your appeal for the restraining order and if the judge is convinced that a restraining order is necessary, he or she will issue a temporary restraining order. This type of order is normally valid for a short while, usually for around two weeks or so.
The court will then go on to provide a hearing date in which the temporary restraining order may be extended for a much longer time, depending on the case.