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Injunctions and Restraining Orders

There are so many worrying questions around protecting our families in the event of a relationship breakdown. Can the Family Court protect me from my former partner? Can the Family Court protect my children from my former partner? What is a personal protection order? What is a violence restraining order? What is an injunction? What is a misconduct restraining order? We understand this is a very stressful time and we’re here to guide you through it.

What is a Personal Protection Order?

If necessary, the Family Court has the power to issue a personal protection order to protect a child, their parent or some other person who is spending time with a child.

A personal protection order operates in a similar way to a violence restraining order, save for that it is obtained through the Family Court and not the Magistrates Court. This course of action is sometimes taken when there are already Family Court proceedings on foot and the Magistrates Court deem that it is more appropriate that any application be dealt with by the Family Court.

What is an Injunction?

The Family Court also has the power to make injunctions that restrain a person from entering the home, school or workplace of persons who have the protection of the injunction.

An injunction can also be obtained to prevent a person from:

  • dealing with or dissipating assets, including jointly held funds or real estate;
  • further increasing liabilities;
  • making any changes to the structure of companies or trusts in which you or your spouse or de facto have an interest;
  • making any changes to the way in which jointly owned businesses are conducted;
  • denigrating you, your partner or members of your family in the presence of your children;
  • moving outside the Perth metropolitan area;
  • removing children from the State of Western Australia or the Commonwealth of Australia;
  • discussing any Court proceedings with your children; and
  • consuming alcohol or illicit substances for a specified period of time before you care for your children.

It is often the case that an injunction is granted preventing actions from being undertaken without the consent of the other party, or an order of the Family Court.

These are some of the common examples of the types of injunctions which the Family Court makes. The Court has the capacity to make other injunctions if there is sufficient evidence to satisfy the Court that the restraint is necessary.

The experienced family lawyers at Carr & Co can provide you with advice about what orders you may need, prepare the documents necessary and represent you in Court.

What are Violence Restraining Orders & Misconduct Restraining Orders?

The Magistrates Court has the power to issue both violence restraining orders and misconduct restraining orders. The main difference between the two is that a violence restraining order is issued when the parties have a family or domestic relationship – they may be former partners or members of family. A misconduct restraining order is issued when the parties are not related or have not been in a family relationship. An example of this might be a neighbour.

Either order will protect the person seeking the order by restraining the other party from (amongst other things) coming within a certain distance or communicating with the other party. The orders also operate similar to the injunction noted above.

The family lawyers at Carr & Co can provide you with advice and court representation at any stage of this process.

If you need assistance in relation to injunctions or restraining orders, please contact Carr & Co on 9322 8000 or via contactus@carrco.com.au.