Restraining Orders Act 1997

Restraining Orders Regulations 1997

Reprint 3: The regulations as at 6 July 2012

 


Guide for using this reprint

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Endnotes, Compilation table, and Table of provisions that have not come into operation

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Notes amongst text (italicised and within square brackets)

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Notes of this kind may also be at the foot of Schedules or headings.

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·removed (because it was repealed or deleted from the law); or

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2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

 

Reprinted under the Reprints Act 1984 as

at 6 July 2012

Restraining Orders Regulations 1997

CONTENTS

Part 1 — Preliminary

1.Citation1

2.Commencement1

2A.Terms used1

3.Forms (Sch. 1)2

Part 2 — Firearms and other weapons

4.Giving up possession of firearms3

5.Dealing with firearms surrendered (Act s. 14) or seized (Act s. 62E)4

5A.Dealing with firearms seized (Act s. 62B(2)(c))5

5B.Dealing with other weapons seized (Act s. 62B(2)(c))5

Part 3 — Practice and procedure

6.Record of telephone application (Act s. 21(4))6

6A.Application to correct minor error in restraining orders (Act s. 49A)6

6B.Order that child be allowed to give oral evidence (Act s. 53A)7

6C.Attendance at hearings7

6D.Certificate to effect that person who is bound by restraining order was present in court when order was made (Act s. 55(3a))8

7.Telephone applications, adjournment of8

8.Procedure when restraining order made during bail hearing (Act s. 63)9

9.Procedure when restraining order made during other proceedings (Act s. 63)9

9A.Procedure for applying for oral or substituted service (Act s. 55(2) and 60(1))10

10.Service of documents10

10A.Use of closed circuit television or screening arrangements11

Part 4 — Interstate restraining orders

12.Application for registration of interstate order13

Part 5  General

13.Property that may be recovered when restraining order made (Act s. 13(5))14

14.Procedures for recovering property under terms of violence restraining order (Act s. 13(5)(b))14

15.Exchange of information (Act s. 70A)15

16.Prescribed countries (Act s. 79A)16

Schedule 1 — Forms

Notes

Compilation table64

Defined Terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 6 July 2012

Restraining Orders Act 1997

Restraining Orders Regulations 1997

Part 1  Preliminary

1.Citation

These regulations may be cited as the Restraining Orders Regulations 1997 1.

2.Commencement

These regulations come into operation on the day on which the Restraining Orders Act 1997 comes into operation 1.

2A.Terms used

In these regulations —

approved means approved in writing by the Chief Executive Officer of the department of the Public Service principally assisting the Minister in the administration of the Act;

form followed by a designation means the form of that designation in Schedule 1;

proceedings under the Act means —

(a)the hearing of an application; or

(b)proceedings for an offence against the Act;

restrained person, in relation to a restraining order, means the person who is bound by the order.

[Regulation 2A inserted in Gazette 26 Nov 2004 p. 5259‑60.]

3.Forms (Sch. 1)

(1)The forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.

(2)Where a form is in parts, then only those parts of the form that are relevant, taking into account the part heading, need be used for a particular copy of the form, or for a particular purpose.

(3)It is sufficient compliance with the Act if a form substantially in compliance with the prescribed form is used.

[Regulation 3 amended in Gazette 26 Nov 2004 p. 5260.]

Part 2  Firearms and other weapons

[Heading amended in Gazette 26 Nov 2004 p. 5260.]

4.Giving up possession of firearms

(1)This regulation applies when a restraining order which requires the person bound by the order to give up possession of a firearm or a firearms licence is served on a restrained person who is in possession of a firearm or a firearms licence.

(2)If the order is personally or orally served on the restrained person by a police officer and at the time the order is served the restrained person is physically in possession of the firearm or firearms licence the restrained person must immediately give the firearm or firearms licence to the police officer.

(3)Subject to subregulation (5), if the order is personally or orally served on the restrained person by a police officer and at the time the order is served the firearm or firearms licence is at a place to which the police officer can reasonably accompany the person, the restrained person must —

(a)immediately go with the police officer to that place; and

(b)once there, immediately give the firearm or firearms licence to the police officer.

(4)Subject to subregulation (5), in any other case the restrained person must give the firearm or firearms licence to the police officer in charge of the police station nearest to where the firearm or firearms licence is located as soon as is reasonably practicable and in any event within 24 hours of the order being served.

(5)If a firearm in respect of which a restrained person holds a firearms licence is in the actual physical possession of a co‑licensee of that firearm, the restrained person —

(a)must comply with subregulation (3) or (4), as the case requires, in respect of the firearms licence; but

(b)need not comply with subregulation (3) or (4), as the case requires, in respect of that firearm.

5.Dealing with firearms surrendered (Act s. 14) or seized (Act s. 62E)

(1)A firearm or firearms licence given to a police officer under section 14 of the Act, or seized under section 62E of the Act, is to be held in safe custody by the Commissioner of Police until —

(a)the restraining order ceases to be in force; or

(b)it is reclaimed by a co‑licensee; or

(c)it may otherwise lawfully be disposed of.

(2)Before returning a firearm or firearms licence the Commissioner of Police must have regard to section 20 of the Firearms Act 1973.

(3)If a firearm which is being held by the Commissioner has not been reclaimed within 1 month after the restraining order ceases to be in force, the Commissioner may regard the restrained person and any co-licensee as an owner who cannot be found for the purposes of section 33 of the Firearms Act 1973.

(4)If a firearms licence which is being held by the Commissioner is not reclaimed within one month after the restraining order ceases to be in force, the Commissioner may regard the restrained person as having requested, under section 20(4) of the Firearms Act 1973, that the firearms licence be cancelled.

(5)Where the Commissioner is holding a firearm under subregulation (1), regulation 11(2) and (3) of the Firearms Regulations 1974 apply.

[Regulation 5 amended in Gazette 26 Nov 2004 p. 5260.]

5A.Dealing with firearms seized (Act s. 62B(2)(c))

A firearm seized under section 62B(2)(c) of the Act is to be dealt with in the same manner as a firearm seized under section 24(2) of the Firearms Act 1973.

[Regulation 5A inserted in Gazette 26 Nov 2004 p. 5261.]

5B.Dealing with other weapons seized (Act s. 62B(2)(c))

A weapon, other than a firearm, seized under section 62B(2)(c) of the Act is to be dealt with under sections 15, 16, 17 and 18 of the Weapons Act 1999 in the same manner as a weapon seized under that Act.

[Regulation 5B inserted in Gazette 26 Nov 2004 p. 5261.]

Part 3  Practice and procedure

6.Record of telephone application (Act s. 21(4))

The written record required to be made under section 21(4) of the Act is to be made in the form of Form 7.

[Regulation 6 amended in Gazette 26 Nov 2004 p. 5261.]

6A.Application to correct minor error in restraining orders (Act s. 49A)

(1)An application to the court under section 49A of the Act for an order correcting a restraining order is to be made in the form approved.

(2)Subject to subregulation (3), an application under subregulation (1) is to be heard in the absence of the other party to the order.

(3)If the court hearing an application so orders, the hearing is to be adjourned and notice of the application is to be given to the other party to the order.

(4)Where an order is made under subregulation (3), the registrar is to ensure that the other party to the restraining order is given notice of the application, and is to fix a hearing and summons both parties to the hearing.

(5)A copy of a restraining order corrected under section 49A of the Act is to be —

(a)served on the person who is bound by the restraining order; and

(b)delivered to —

(i)the person protected by the order; or

(ii)the parent or guardian of that person, if the parent or guardian made the application for the restraining order on behalf of that person;

and

(c)delivered to the Commissioner of Police; and

(d)placed on the court’s records.

(6)The correction of restraining order under section 49A of the Act does not affect the time when the restraining order came into force or the duration of the restraining order.

[Regulation 6A inserted in Gazette 26 Nov 2004 p. 5261‑2; amended in Gazette 31 Jul 2007 p. 3802.]

6B.Order that child be allowed to give oral evidence (Act s. 53A)

(1)A party to a restraining order, or a person charged with an offence against the Act, may apply to the court for an order that a child be allowed to give oral evidence at any proceedings under the Act specified in the application.

(2)An application referred to in subregulation (1) is to be made at least 14 days before the proceedings.

(3)An application referred to in subregulation (1) is to be made in the form approved.

(4)If an application referred to in subregulation (1) is made, the registrar is to give notice of the application to all other parties to the proceedings.

[Regulation 6B inserted in Gazette 26 Nov 2004 p. 5262‑3; amended in Gazette 31 Jul 2007 p. 3802.]

6C.Attendance at hearings

(1)For the avoidance of doubt, a person is not to be taken to have failed to attend a hearing if the person is represented at the hearing by —

(a)a legal practitioner; or

(b)a police officer, who made the application on behalf of the person, or who is conducting proceedings on the person’s behalf under section 62G of the Act.

(2)Subregulation (1) does not apply if the person has failed to attend a hearing —

(a)after being summonsed; or

(b)where, in the opinion of the court, the hearing cannot take place without the physical presence of the person.

[Regulation 6C inserted in Gazette 26 Nov 2004 p. 5263.]

6D.Certificate to effect that person who is bound by restraining order was present in court when order was made (Act s. 55(3a))

Where a person bound by a restraining order is present in court when the order is made, the registrar of the court is to certify that this was so, in the form approved.

[Regulation 6D inserted in Gazette 26 Nov 2004 p. 5264; amended in Gazette 31 Jul 2007 p. 3802.]

7.Telephone applications , adjournment of

(1)If the hearing of a telephone application is adjourned the registrar of the court where the magistrate hearing the telephone application is based is to ensure that the adjourned hearing is listed —

(a)if the respondent is a child, in the Children’s Court; or

(b)otherwise, in the Magistrates Court 2,

nearest to the applicant’s usual place of residence.

(2)If the court in which the adjourned hearing is to be listed under subregulation (1) is not the court where the magistrate hearing the telephone application is based, the magistrate is to transfer the matter to the court in which the adjourned hearing is to be listed under subregulation (1).

[Regulation 7 amended in Gazette 31 Jul 2007 p. 3800.]

8.Procedure when restraining order made during bail hearing (Act s. 63)

(1)This regulation applies when a judicial officer sitting other than as a court makes a restraining order under section 63 of the Act in the course of considering a case for bail.

(2)The judicial officer is to —

(a)make a written record of the proceedings in the form of Form 11; and

(b)cause the record to be forwarded to the court in which the restrained person is bailed to appear.

(3)The judicial officer may cause the record to be forwarded to the court personally, by ordinary prepaid post or by fax.

(4)If the record is forwarded by fax the judicial officer must —

(a)as soon as practicable, and in any event not later than the end of the next business day, confirm with the court that the record has been received; and

(b)as soon as practicable forward the original record to the court by ordinary prepaid post.

(5)For the purposes of section 10(1) of the Act a reference to the court is to be read as a reference to the court in which the restrained person is bailed to appear.

9.Procedure when restraining order made during other proceedings (Act s. 63)

(1)This regulation applies to —

(a)the Magistrates Court  2; and

(b)the Children’s Court when constituted so as not to include a judge of that court; and

(c)any other court when constituted so as not to include a judge of that court.

(2)When a court to which this regulation applies makes a restraining order under section 63 of the Act the court is to make a written record of the proceedings in the form of Form 11 cause the record to be placed on the court records.

9A.Procedure for applying for oral or substituted service (Act s. 55(2) and 60(1))

(1)An application —

(a)to a registrar for an order authorising oral service of a restraining order under section 55(2) of the Act; or

(b)to the court for an order authorising substituted service of a restraining order under section 60(1) of the Act,

is to be made in accordance with this regulation.

(2)The application is to be made by a police officer.

(3)The application is to —

(a)specify the previous attempts to serve the restraining order, including any incidents of deliberate avoidance; and

(b)otherwise be made in an approved form.

(4)When a police officer effects oral service in accordance with an order under section 55(2) or 60(1) of the Act, the police officer is to notify the court of that service in an approved form.

(5)After the court has received that notification, the court is to post a copy of the order to the last known residential address of the person against whom the restraining order was sought.

[Regulation 9A inserted in Gazette 31 Jul 2007 p. 3800‑1.]

10.Service of documents

(1)Personal or oral service of a restraining order is to be effected by the registrar, a police officer, a prison officer (as defined in the Prisons Act 1981) or a person authorised by the registrar.

(2)When a document is given by the registrar to a police officer, prison officer or other authorised person for service, the officer or other person is to take all reasonable steps to serve that document in the manner directed by the registrar.

[Regulation 10 amended in Gazette 8 Jan 2002 p. 33; 31 Jul 2007 p. 3802.]

10A.Use of closed circuit television or screening arrangements

(1)If a court hearing a matter relating to a restraining order is of the opinion that, if special arrangements are not made, a party to the matter or a witness would be likely —

(a)to be unable to give evidence, or to give evidence satisfactorily; or

(b)to suffer severe emotional trauma or be unnecessarily intimidated or distressed,

the court may make such arrangements as it thinks fit, using closed circuit television or screens, one‑way glass or other suitable shielding devices, to reduce the likelihood of that circumstance occurring.

(2)When considering whether to make arrangements under subregulation (1) in respect of a person the court may have regard to —

(a)the person’s age; and

(b)the person’s cultural background; and

(c)any physical disability or mental impairment (as defined in the Criminal Law (Mentally Impaired Accused) Act 1996 3) of the person; and

(d)the relationship of the person to any other person involved in the proceedings; and

(e)the effect on the person of the presence of another person; and

(f)the nature of the subject‑matter of the proceedings; and

(g)the expressed views of the person; and

(h)any other factor the court considers relevant.

(3)When making arrangements under subregulation (1) the court must ensure that —

(a)the judicial officer and all parties to the matter (or their counsel, if any) are able to see, hear and speak to each witness while he or she is giving evidence; and

(b)each party to the matter has the means of communicating with his or her counsel at all times; and

(c)if a person takes part in the proceedings from outside the court room the person is able to see, hear and speak to the judicial officer at all times.

(4)The court may make arrangements under subregulation (1) —

(a)on the application of a party to the matter, at the request of a witness, or of its own motion; and

(b)at any stage of proceedings.

(5)Whenever a matter relating to a violence restraining order comes before a court, the court must consider whether it ought to make arrangements under subregulation (1).

(6)If a court considers that arrangements ought to be made under subregulation (1) but the necessary facilities are not available, the court may transfer the matter to another court where those facilities are available if to do so is practicable and will not unfairly prejudice any party to the matter.

[Regulation 10A inserted in Gazette 27 Mar 1998 p. 1714.]

Part 4  Interstate restraining orders

[11.Deleted in Gazette 26 Nov 2004 p. 5264.]

12.Application for registration of interstate order

An application for registration of an interstate order is to be made in the form of the Form 12 and is to be accompanied by —

(a)the original interstate order or a copy certified to be a true copy by an officer of the court in which it was made; and

(b)such evidence of effective service of the interstate order on the person bound by it as the registrar considers appropriate.

[Regulation 12 amended in Gazette 31 Jul 2007 p. 3802.]

Part 5  General

[Heading inserted in Gazette 26 Nov 2004 p. 5264.]

13.Property that may be recovered when restraining order made (Act s. 13(5))

For the purposes of section 13(5) of the Act, property that may be recovered by a person from a place specified in a violence restraining order may include any, or all, of the following —

(a)property that is used by the person to earn income;

(b)personal property of a child of the person;

(c)property that is wholly, or partly, the property of the person and that is used for, or by, a child of the person;

(d)property that the other party to the restraining order has agreed that the person may recover.

[Regulation 13 inserted in Gazette 26 Nov 2004 p. 5264.]

14.Procedures for recovering property under terms of violence restraining order (Act s. 13(5)(b))

(1)For the purposes of section 13(5)(b) of the Act, the procedures set out in this regulation are the procedures in accordance with which property specified in a violence restraining order is to be recovered from a place specified in that order.

(2)Subject to subregulation (4), the person seeking to recover the property is to negotiate a mutually convenient time for the recovery of the property with a person who has lawful access to the property.

(3)Subject to subregulation (4), if agreement as to the recovery of the property is reached, the person seeking to recover the property is to recover the property in accordance with that agreement.

(4)If the person seeking to recover the property is unable to negotiate a mutually convenient time for the recovery of the property, or to carry out an agreement reached as to the recovery of the property, due to the terms of the violence restraining order, or for any other reason, the person wishing to recover the property may seek the assistance of a police officer.

[Regulation 14 inserted in Gazette 26 Nov 2004 p. 5265.]

15.Exchange of information (Act s. 70A)

For the purposes of section 70A of the Act, the following information about a person protected by a violence restraining order, or a child affected by such an order, is prescribed information —

(a)the name, address, telephone number, age and ethnicity and other details of —

(i)the person or child; or

(ii)a person who is bound by the violence restraining order; or

(iii)an offender or alleged offender responsible for, or involved in, any offence relevant to the granting of the violence restraining order;

(b)a description of any offence relevant to the granting of the violence restraining order and an abridged description of the circumstances of its commission;

(c)any information about the grounds on which the violence restraining order was granted;

(d)the name, rank and any other relevant identifying information of any police officer in charge of investigating any offence relevant to the granting of the violence restraining order;

(e)the police station or office where information is held —

(i)about the investigation of any offence relevant to the granting of the violence restraining order or the breach of that order; or

(ii)about the grounds on which the order was granted;

(f)the status of the investigation and prosecution of any offence relevant to the granting of the violence restraining order by a police officer.

[Regulation 15 inserted in Gazette 26 Nov 2004 p. 5265‑6.]

16.Prescribed countries (Act s. 79A)

For the purposes of section 79A of the Act, the following countries are prescribed —

Canada

Ireland

United Kingdom .

[Regulation 16 inserted in Gazette 12 Jan 2010 p. 56.]

 

Schedule 1 Forms

[r. 3]

[Heading inserted in Gazette 26 Nov 2004 p. 5267.]

Table of forms

Forms about violence restraining orders

 

Form

 

Provisions of Act

1

Application for violence restraining order

Section 25

2

Part A — Violence restraining order

Part B — Information to be on the copy of order given to the person who is bound by the order

Part C — Information to be on the respondent’s endorsed copy

Part D — Information to be on the copy of the order given to the person protected by the order

Part E — Information to be on the proof of service copy

Part F — Details of family order

Sections 29, 32, 43, 49, 63 and 66

3

Part A — Section 63A violence restraining order

Part B — Information to be on the copy of the order given to the person who is bound by the order

Part C — Information to be on the copy of the order given to the person protected by the order

Section 63A

 

Forms about misconduct restraining orders

 

Form

 

Provisions of Act

4

Application for misconduct restraining order 

Section 38

5

Part A — Misconduct restraining order

Part B — Information to be on the copy of the order given to the person who is bound by the order

Part C — Information to be on the copy of the order given to the person protected by the order

Part D — Information to be on the proof of service copy

Part 4 Divisions 1 and 2, sections 49 and 63

 

Forms about telephone orders

 

Form

 

Provisions of Act

6

Part A — Telephone order

Part B — Court copy of telephone order

Part C — Information to be on the copy of the order given to the person who is bound by the order

Part D — Information to be on the respondent’s endorsed copy

Part E — Information to be on the copy of the order given to the person protected by the order

Part F — Information to be on the proof of service copy

Section 23

7

Restraining order record of telephone application

Section 21(4)

 

Forms about variation and cancellation of orders

 

Form

 

Provisions of Act

8

Part A — Application to vary or cancel a restraining order

Part B — Information to be on the copy of the application given to the applicant

Section 45

9

Part A — Summons to vary or cancel restraining order

Part B — Information to be on the proof of service copy

Section 47

 

Forms for police orders

 

Form

 

Provisions of Act

10

Police order

Part A — Police order

Part B — Information to be on the proof of service copy

Part C — Information to be on copy of police order given to the person bound by a police order

Part D — Information to be on copy of police order given to a person protected by a police order

Part 2 Division 3A

 

Other forms

 

Form

 

Provisions of Act

11

Restraining order made during other proceedings — Record of proceedings

Section 63

12

Part A — Interstate restraining order — Application to register

Part B — Information to be on the copy of the application given to the applicant

Part C — Information to be on the copy of the application given to the Commissioner of Police

Part D — Information to be on the copy of the application given to the interstate court where the interstate order was made

Section 75(2)

13

Part A — Restraining order — Summons

Part B — Information to be on the proof of service copy

Sections 26(3) and 39

14A

Application to have final order under section 32(2) of the Act set aside

Section 32(5)

14

Application to have decision under section 42 of the Act set aside

Section 43A

[Table of forms inserted in Gazette 26 Nov 2004 p. 5267‑8; amended in Gazette 4 May 2012 p. 1848.]

Form 1 — Application for violence restraining order

Restraining Orders Act 1997 s. 25

Violence restraining order

Application

 

Number:

Jurisdiction:

Location:

 

Person seeking to be protected

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

Phone nos.:work:home:

Applicant

[If not the person seeking to be protected]

Are you:rthe person seeking to be protected

rthe parent or guardian of a child who is the person seeking to be protected

ra child welfare officer on behalf of a child who is seeking to be protected

ra police officer

rthe legal guardian of the person who is seeking to be protected

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

Phone nos.:work:home:

Respondent

[Fill in as many

details as you can]

Family name:

Date of birth:

Other names:

Homestreet:

address:suburb:postcode:

Workstreet:

address:suburb:postcode:

Phone nos.:work:home:

Grounds for

application

Why do you need a violence restraining order? To prevent the respondent from —

rcommitting an act of abuse against the person seeking to be protected;

rbehaving in a way that could reasonably be expected to cause fear that a person seeking to be protected will have an act of abuse committed against him or her;

rexposing a child to an act of family and domestic violence; or

rbehaving in a way that could reasonably be expected to cause fear that a child will be exposed to an act of family and domestic violence.

Give details of the respondent’s behaviour.

Family orders

[If yes, see the

Details of family

order Annexure]

Are there any current family orders relating to the respondent’s rights in relation to children who may be affected by a restraining order?

r Yes r No r Unknown

Are there any current Family Court proceedings in which such orders are being sought?

r Yes r No r Unknown

Firearms

Does the respondent have a firearm or firearms licence?

r Yes r No r Unknown

Does the respondent have access to a firearm at work?

r Yes r No r Unknown

First hearing

Do you want the respondent to be present at the first hearing?

r Yes r No

Applicant

[Not essential if applicant is a police officer]

Signature:

Date:

Hearing

[To by filled in by

the court]

Court:

Date:

Time:

Signature of registrar:

Notification

[To be filled in by

the court]

I certify that on __ __/__ __/__ __ __ __ at _______ am/pm at ____________________________________

I notified the applicant of the hearing date.

Signature of registrar:

Affidavit evidence may be provided on request

 

If you, or the respondent, request a copy of any affidavit received in evidence in relation to this application the registrar of the court where this application is made is to provide a copy of the affidavit to the person who made the request.

[Form 1 inserted in Gazette 26 Nov 2004 p. 5269; amended in Gazette 31 Jul 2007 p. 3801 and 3802.]

Form 2 — Violence restraining order

Part A — Violence restraining order

 

Restraining Orders Act 1997 s. 29, 32, 43, 49 and 63

Violence

Restraining Order

 

Number:

Jurisdiction:

Location:

 

Person who is bound by this order

Family name:

Date of birth:

Other names:

Homestreet:

address:suburb:postcode:

Workstreet:

address:suburb:postcode:

Phone nos.:work:home:

 

Person protected

Family name:

Date of birth:

Other names:

 

 

 

 

Type of order

The order isr for 72 hours or lessr an interim orderr a final order

 

 

Terms of this

order

 

 

Information about unlawful behaviour and activities

In addition to the terms of this order, the court informs you that the following behaviour and activities are unlawful:

 

Order made

Date order made:

Time order made:

 

 

Registrar

 

Date:

Form 2 — Violence restraining order

Part B — Information to be on the copy of order given to the person who is bound by the order

IMPORTANT INFORMATION

FOR PERSON BOUND BY THIS ORDER

 

If the order is for 72 hours or less

A violence restraining order has been made against you for 72 hours or less on the terms set out on the front of this order. This order came into force when it was served on you, or at a later time, if this is specified on the front of this order. You must comply with this order until the end of the duration period set out in the order.

Penalty: It is an offence to breach a violence restraining order. If you breach this order you may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both. If you breach the order in the presence of a child with whom you are in a family and domestic relationship (e.g. your child, your partner’s child or a child who ordinarily resides with you) the court sentencing you will consider this an aggravating factor.

Counselling and support services may be of assistance to you.

 

If the order is an interim order

An interim violence restraining order has been made against you on the terms set out on the front of this order. This order came into force when it was served on you, or a later time, if this is specified on the front of this order, and it will remain in force until a final order is made or a court decides not to make a final order. You must comply with this order at all times while it is in force.

You have an opportunity to object to the order before it becomes a final order.

If you want to object to this order being made final you must fill in the “Objection” section on the back of the other copy of this order and return it to the court within 21 days from the date this order was served on you. The court will then arrange a final order hearing at which it will consider anything you want to say before deciding whether to make a final violence restraining order. The court will let you know where and when the final order hearing will be held.

If you do not object to this order being made final you should fill in the “Consent” section on the back of the other copy of this order and return it to the court within 21 days from the date this order was served on you. You will then not need to attend a final order hearing and the order will automatically become a final order which remains in force for the period specified in the order, or —

(a)if no period is specified and you are not a child, for 2 years; or

(b)if no period is specified and you are a child, for 6 months,

from the date this interim order was served on you.

If you do nothing and do not fill in and return the other copy of this order within 21 days the court will assume that you do not object and the interim order will automatically become a final order.

Penalty: It is an offence to breach a violence restraining order. If you breach this order you may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both.

 

If the order is a final order

A final violence restraining order has been made against you on the terms set out on the front of this order.

This order came into force when it was served on you, or a later time, if this is specified on the front of this order, and it will remain in force until it expires or is varied or cancelled by a court. You must comply with this order at all times while it is in force.

If there is a duration specified in the order the order expires at the end of the specified period.

If there is no duration specified in the order the order expires:

if it was made at a final order hearing and —

(a)you are not a child, 2 years; or

(b)you are a child, 6 months,

after this final order comes into force; or

if it was a telephone order which became a final order because you did not object, 3 months, or any shorter period specified in the order, after the telephone order was served on you.

If, in the future, you want the order varied or cancelled you may apply to the court. If you would like more information about doing this you should consult your lawyer or the registrar of the court.

Penalty: It is an offence to breach a violence restraining order. If you breach this order you may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both.

 

Additional information about conviction for breaching the order

Note 1: If you are convicted of breaching this order, the fact that the person protected by the order aided you in the breach is not a mitigating factor for the purposes of your sentencing (see the Restraining Orders Act 1997 section 61B(2)).

Note 2: If you are convicted of breaching this order and you have been convicted of at least 2 other offences under the Restraining Orders Act 1997 section 61(1) or (2a) within the period of 2 years before your conviction for breaching this order, you will face a penalty that is or includes imprisonment (or, if you are a child, detention) unless the court decides under section 61(6) of the Act not to impose such a penalty.

 

Affidavit evidence may be provided on request

 

If you, or the person protected by this order, request a copy of any affidavit received in evidence in relation to this order the registrar of the court where the application for the order was made is to provide a copy of the affidavit to the person who made the request.

THIS ORDER COMES INTO FORCE IMMEDIATELY IF YOU WERE PRESENT IN COURT WHEN IT WAS MADE

Form 2 — Violence restraining order

Part C — Information to be on the respondent’s endorsed copy of the order

IMPORTANT INFORMATION

FOR THE PERSON WHO IS BOUND BY THIS ORDER

For interim orders only

If you object to this interim order being made final you must fill in the “Objection” section below and return this copy of the order to the court within 21 days of the date it was served on you.

If you do not object to this order being made final you must fill in the “Consent” section below and return this copy of the order to the court within 21 days of the date it was served on you.

Remember if you do nothing and do not fill in and return this copy of the order to the court within 21 days this interim order will automatically become a final order.

 

Objection

Order

Restraining Order No.:

Court of Issue:

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

Will you be represented by a lawyer at the final order hearing?r  Yesr  No

If yes:Lawyer’s name:

Lawyer’s firm:

How many witnesses (including yourself) do you intend to call? _________________

Does this interim order prevent you from —

going to where you normally live?r  Yesr  No

having contact with your children?r  Yesr  No

going to where you work or otherwise prevent you from doing
your job?
r  Yesr  No

being in possession of a firearm which is essential for your job?r  Yesr  No

 

Signature:Date:

 

OR

 

Consent

Order

Restraining Order No.:

Court of Issue:

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

I do not object to a final order being made on the same terms as this interim order. I understand that this interim order will automatically become a final order which will stay in force for the period specified in the order, or —

(a)if no period is specified and I am not a child, for 2 years; or

(b)if no period is specified and I am a child, for 6 months,

from the date on which this interim order was served on me.

Signature:Date:

Form 2 — Violence restraining order

Part D — Information to be on the copy of the order given to the person protected by the order

IMPORTANT INFORMATION

FOR THE PERSON PROTECTED BY THIS ORDER

 

If the order is for 72 hours or less

A violence restraining order has been made to protect you for 72 hours or less on the terms set out on the front of this order. This order will come into force when it is served on the person who is bound by this order, or at a later time, if this is specified on the front of this order. The person who is bound by this order must comply with this order until the end of the duration period set out in the order.

Penalty: It is an offence to breach a violence restraining order. If the person bound by this order breaches this order he or she may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both.

If the order is an interim order

An interim violence restraining order has been made to protect you on the terms set out on the front of this order. This order will come into force when it is served on the person bound by this order, or at a later time, if this is specified on the front of this order, and it will remain in force until a final order is made or a court decides not to make a final order. The person who is bound by this order must comply with this order at all times while it is in force.

The person who is bound by this order has 21 days within which to object to the order before it becomes a final order.

If the person who is bound by this order does object you will need to attend a final order hearing. At that hearing the court will consider anything you and the person who is bound by this order want to say before deciding whether to make a final restraining order. The court will let you know if a final order hearing is to be held and where and when you need to attend. Even if the person who is bound by this order does object, this interim order will remain in force until the final order hearing.

If the person who is bound by this order does not object this order will automatically become a final order which remains in force for the period specified in the order, or —

(a)if no period is specified and the person bound by the order is not a child, for 2 years; or

(b)if no period is specified and the person bound by the order is a child, for 6 months,

from the date this interim order was served on the person bound by this order. You will then not need to attend a final order hearing.

 

Penalty: It is an offence to breach a violence restraining order. If the person who is bound by this order breaches this order he or she may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both.

 

Counselling and support services may be of assistance to you.

If the order is a final order

A final violence restraining order has been made to protect you on the terms set out on the front of this order.

This order will come into force when it is served on the person who is bound by this order, or at a later time, if this is specified on the front of this order, and it will remain in force until it expires or is varied or cancelled by a court. The person who is bound by this order must comply with this order at all times while it is in force.

If there is a duration specified in the order the order expires at the end of the specified period.

If there is no duration specified in the order the order expires:

if it was made at a final order hearing and —

(a)you are not a child, 2 years; or

(b)you are a child, 6 months,

after this final order comes into force; or

if it was a telephone order which became a final order because the person who is bound by the order did not object, 3 months (or any shorter time specified in the order) after the telephone order was served on the person who is bound by the order.

If, in the future, you want the order varied or cancelled you may apply to the court. The person who is bound by this order may also apply to have the order varied or cancelled. If you would like more information about doing this you should consult your lawyer or the registrar of the court.

Penalty: It is an offence to breach a violence restraining order. If the person who is bound by this order breaches this order he or she may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both.

 

Counselling and support services may be of assistance to you.

 

Additional information about breaching the order

Note 1: If the person bound by this order breaches it and you aid the person in that breach, you will not commit an offence however the court might decide to vary or cancel the order (see the Restraining Orders Act 1997 section 61B(3) and (4)).

Note 2: If the person who is bound by this order is convicted of breaching the order and the person has been convicted of at least 2 other offences under the Restraining Orders Act 1997 section 61(1) or (2a) within the period of 2 years before the conviction for breaching this order, the person will face a penalty that is or includes imprisonment (or, if the person is a child, detention) unless the court decides under section 61(6) of the Act not to impose such a penalty.

Affidavit evidence may be provided on request

 

If you, or the person bound by this order, request a copy of any affidavit received in evidence in relation to this order the registrar of the court where the application for the order was made is to provide a copy of the affidavit to the person who made the request.

THIS ORDER COMES INTO FORCE IMMEDIATELY IF THE PERSON WHO IS BOUND BY THE ORDER WAS PRESENT IN COURT WHEN IT WAS MADE

 

Form 2 — Violence restraining order

Part E — Information to be on the proof of service copy

 


Certificate of Service

 

Restraining order No.:

Court of issue:

 

Person

serving

order

Name of person serving order:

I amrthe registrar of the court

ra police officer Name and other identifying information:

ra prison officerPrison: ____________________________________________

ra person authorised by the registrar Date of authorisation:

 

Service

Method of service: r personalr oralr by postr substituted service

Place where order served:

 

 

Date of service:

Time of service:

 

 

 

Person served

[Person who is bound by the order]

 

Name:

Date of birth:

Signature:…………………………………..

(If possible to obtain)

 

 

Certificate

I certify that on the day and at the time and place set out above:

rI personally served this order on the person who is bound by the order

rI orally served this order on the person who is bound by this order

rI posted this order to the person who is bound by this order

rI took the steps directed by the court to effect substituted service of this order on the person who is bound by this order in accordance with Part 6 Division 2 of the Restraining Orders Act 1997.

 

In the case of oral service, I also certify that I gave the person who is bound by this order the information required by section 55(5) of the Restraining Orders Act 1997 and that he or she appeared to understand what was said.

Signature:

Date:

Form 2 — Violence restraining order

Part F — Details of family order


Restraining Orders Act 1997 s. 66

Details of family order

Annexure to application

 

Number:

Jurisdiction:

Location:

 

Parties

to the family

order or

proceedings

Name:

Address:street:

suburb:postcode:

Name:

Address:street:

suburb:postcode:

 

Children

Names:

1.

2.

3.

4.

Address:street:

suburb:postcode:

 

 

Current

family order

Date order was made:

Family Court matter no.:

Court by which order was made:

Terms of family order which relate to the respondent’s rights in relation to children:
[If the person seeking to be protected by the restraining order is a party to the family order, attach a copy of the family order. If not, fill in the details as far as you (or the person seeking to be protected) is aware of them.]

 

 

 

 

 

 

 

 

Current

proceedings for

family order

Court:

Family Court matter no.:

Terms of family order being sought which relate to the respondent’s rights in relation to children:

 

 

 

 

 

 

Are these terms of the order being opposed?r Yesr Nor Unknown

 

Applicant

Signature:

Date:

[Form 2 inserted in Gazette 26 Nov 2004 p. 5270‑5; amended in Gazette 31 Jul 2007 p. 3801 and 3802; 4 May 2012 p. 1848-51.]

Form 3 — Section 63A violence restraining order

Part A — Section 63A violence restraining order

 

Restraining Orders Act 1997 s. 63A

Section 63A Violence

Restraining Order

 

Number:

Jurisdiction:

Location:

 

Person who is bound by this order

Family name:

Date of birth:

Other names:

Homestreet:

address:suburb:postcode:

Workstreet:

address:suburb:postcode:

Phone nos.:work:home:

 

Person protected

Family name:

Date of birth:

Other names:

 

 

 

 

Lifelong order

 

This order remains in force for the period of the life of the person who is bound by this order.

 

 

Terms of this

order

 

 

Order made

Date order made:

Time order made:

 

 

Registrar

 

Date:

Form 3 — Section 63A violence restraining order

Part B — Information to be on the copy of the order given to the person who is bound by the order

IMPORTANT INFORMATION

FOR THE PERSON WHO IS BOUND BY THIS ORDER

 

Section 63A violence restraining order

A violence restraining order has been made against you under section 63A of the Restraining Orders Act 1997. The order is in the terms set out on the front of this order. This order came into force when it was served on you, or at a later time, if this is specified on the front of this order. You must comply with this order for the rest of your life.

 

Penalty: It is an offence to breach a violence restraining order. If you breach this order you may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both. If you breach the order in the presence of a child with whom you are in a family and domestic relationship (eg. your child, your partner’s child or a child who ordinarily resides with you) the court sentencing you will consider this an aggravating factor.

 

Note 1: If you are convicted of breaching this order, the fact that the person protected by the order aided you in the breach is not a mitigating factor for the purposes of your sentencing (see the Restraining Orders Act 1997 section 61B(2)).

 

Note 2: If you are convicted of breaching this order and you have been convicted of at least 2 other offences under the Restraining Orders Act 1997 section 61(1) or (2a) within the period of 2 years before your conviction for breaching this order, you will face a penalty that is or includes imprisonment (or, if you are a child, detention) unless the court decides under section 61(6) of the Act not to impose such a penalty.

 

Counselling and support services may be of assistance to you.

THIS ORDER COMES INTO FORCE IMMEDIATELY IF THE PERSON WHO IS BOUND BY THE ORDER WAS PRESENT IN COURT WHEN IT WAS MADE

Form 3 — Section 63A violence restraining order

Part C — Information to be on the copy of the order given to the person protected by the order

IMPORTANT INFORMATION

FOR THE PERSON WHO IS PROTECTED BY THIS ORDER

 

Section 63A violence restraining order

A violence restraining order has been made to protect you under section 63A of the Restraining Orders Act 1997. The order is in the terms set out on the front of this order. This order came into force when it was served on the person who is bound by the order, or at a later time if this is specified on the front of this order. The person who is bound by this order must comply with this order for the rest of his or her life.

 

Penalty: It is an offence to breach a violence restraining order. If the person who is bound by this order breaches this order he or she may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both.

 

Note 1: If the person bound by this order breaches it and you aid the person in that breach, you will not commit an offence however the court might decide to vary or cancel the order (see the Restraining Orders Act 1997 section 61B(3) and (4)).

 

Note 2: If the person who is bound by this order is convicted of breaching this order and the person has been convicted of at least 2 other offences under the Restraining Orders Act 1997 section 61(1) or (2a) within the period of 2 years before the conviction for breaching this order, the person will face a penalty that is or includes imprisonment (or, if the person is a child, detention) unless the court decides under section 61(6) of the Act not to impose such a penalty.

 

Counselling and support services may be of assistance to you.

THIS ORDER COMES INTO FORCE IMMEDIATELY IF THE PERSON WHO IS BOUND BY THE ORDER WAS PRESENT IN COURT WHEN IT WAS MADE

[Form 3 inserted in Gazette 26 Nov 2004 p. 5276‑7; amended in Gazette 31 Jul 2007 p. 3802; 4 May 2012 p. 1851-2.]

Form 4 — Application for misconduct restraining order



Restraining Orders Act 1997 s. 38(2)

Misconduct restraining order

Application

 

Number:

Jurisdiction:

Location:

 

Person seeking to be

protected

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

Phone nos.:work:home:

 

Applicant

[If not the person seeking to be protected]

Are you:rthe person seeking to be protected

rthe parent or guardian of a child who is seeking to be protected

ra police officer

rthe legal guardian of the person who is seeking to be protected

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

Phone nos.:work:home:

 

Respondent

[Fill in as many

details as you can]

Family name:

Date of birth:

Other names:

Homestreet:

address:suburb:postcode:

Workstreet:

address:suburb:postcode:

Phone nos.:work:home:

 

Grounds for

application

Why do you need a misconduct restraining order? Because the respondent is likely to:

rbehave in a manner that is intimidating or offensive to a person seeking to be protected;

rdamage property owned by, or in the possession of, the person seeking to be protected; or

rbehave in a manner that is, or is likely to lead to, a breach of the peace.

Give details of the respondent’s behaviour.

 

 

Firearms

Does the respondent have a firearm or firearms licence?

r Yes r No r Unknown

Does the respondent have access to a firearm at work?

r Yes r No r Unknown

 

Applicant

Signature:

Date:

 

Hearing

[To by filled in by

the court]

Court:

Date:

Time:

Registrar:

 

Notification

[To be filled in by

the court]

I certify that on __ __/__ __/__ __ __ __ at _______ am/pm at ____________________________________

I notified the applicant of the hearing date.

Registrar:

[Form 4 inserted in Gazette 26 Nov 2004 p. 5278; amended in Gazette 31 Jul 2007 p. 3802; 4 May 2012 p. 1853.]

Form 5 — Misconduct restraining order

Part A — Misconduct restraining order

 


Restraining Orders Act 1997 s. 43, 49 and 63

Misconduct

Restraining Order

 

Number:

Jurisdiction:

Location:

 

Person who is bound by this order

Family name:

Date of birth:

Other names:

Homestreet:

address:suburb:postcode:

Workstreet:

address:suburb:postcode:

Phone nos.:work:home:

 

Person protected

Family name:

Date of birth:

Other names:

 

 

 

 

Terms of the

order

 

 

Order made

Date order made:

Time order made:

 

 

Registrar

 

Date:

 

Form 5 — Misconduct restraining order

Part B — Information to be on the copy of the order given to the person who is bound by the order

IMPORTANT INFORMATION

FOR THE PERSON WHO IS BOUND BY THIS ORDER

 

Misconduct Restraining Order

A misconduct restraining order has been made against you on the terms set out on the front of this order. This order comes into force when it was served on you, or at a later time, if this is specified on the front of this order, and it will remain in force until it expires or is varied or cancelled by a court. You must comply with this order at all times while it is in force.

If there is a duration specified in the order the order expires at the end of the specified period.

If there is no duration specified in the order the order expires 12 months after it comes into force.

If, in the future, you want the order varied or cancelled you may apply to the court. The person who is bound by this order may also apply to have the order varied or cancelled. If you would like more information about doing this you should consult your lawyer or the registrar of the court.

Penalty: It is an offence to breach a misconduct restraining order. If you breach this order you may be arrested and on conviction will face a penalty of up to $1 000.

Note: If you are convicted of breaching this order, the fact that the person protected by the order aided you in the breach is not a mitigating factor for the purposes of your sentencing (see the Restraining Orders Act 1997 section 61B(2)).

 

Counselling and support services may be of assistance to you.

Affidavit evidence may be provided on request

If you, or the person protected by this order, request a copy of any affidavit received in evidence in relation to this order the registrar of the court where the application for the order was made is to provide a copy of the affidavit to the person who made the request.

THIS ORDER COMES INTO FORCE IMMEDIATELY IF THE PERSON WHO IS BOUND BY THE ORDER WAS PRESENT IN COURT WHEN IT WAS MADE

Form 5 — Misconduct restraining order

Part C — Information to be on the copy of the order given to the person protected by the order

IMPORTANT INFORMATION

FOR THE PERSON PROTECTED BY THE ORDER

 

Misconduct Restraining Order

A misconduct restraining order has been made to protect you on the terms set out on the front of this order. This order comes into force when it is served on the person who is bound by this order, or at a later time, if this is specified on the front of this order, and it will remain in force until it expires or is varied or cancelled by a court. The person who is bound by this order must comply with this order at all times while it is in force.

If there is a duration specified in the order the order expires at the end of the specified period.

If there is no duration specified in the order the order expires 12 months after it comes into force.

If, in the future, you want the order varied or cancelled you may apply to the court. The person who is bound by this order may also apply to have the order varied or cancelled. If you would like more information about doing this you should consult your lawyer or the registrar of the court.

Penalty: It is an offence to breach a misconduct restraining order. If the person bound by this order breaches this order he or she may be arrested and on conviction will face a penalty of up to $1 000.

Note: If the person bound by this order breaches it and you aid the person in that breach, you will not commit an offence however the court might decide to vary or cancel the order (see the Restraining Orders Act 1997 section 61B(3) and (4)).

 

Counselling and support services may be of assistance to you.

Affidavit evidence may be provided on request

If you, or the person bound by this order, request a copy of any affidavit received in evidence in relation to this order the registrar of the court where the application for the order was made is to provide a copy of the affidavit to the person who made the request.

THIS ORDER COMES INTO FORCE IMMEDIATELY IF THE PERSON WHO IS BOUND BY THE ORDER WAS PRESENT IN COURT WHEN IT WAS MADE

 

Form 5 — Misconduct restraining order

Part D — Information to be on the proof of service copy


Certificate of Service

 

Restraining order No.:

Court of issue:

Person

serving

order

Name of person serving order:

I amrthe registrar of the court

ra police officer Rank, number and station:

ra prison officerPrison: ____________________________________________

ra person authorised by the registrar Date of authorisation:

 

Service

Method of service: r personalr oralr by postr substituted service

Place where order served:

 

 

Date of service:

Time of service:

 

 

 

Person served

[Person who is bound by the order]

Name:

Date of birth:

Signature:…………………………………………………..

[If possible to obtain]

 

 

Certificate

I certify that on the day and at the time and place set out above:

rI personally served this order on the person who is bound by the order

rI orally served this order on the person who is bound by the order

rI posted this order to the person who is bound by the order

rI took the steps directed by the court to effect substituted service of this order on the person who is bound by the order in accordance with Part 6 Division 2 of the Restraining Orders Act 1997.

 

In the case of oral service, I also certify that I gave the person who is bound by this order the information required by section 55(5) of the Restraining Orders Act 1997 and that he or she appeared to understand what was said.

Signature:

Date:

[Form 5 inserted in Gazette 26 Nov 2004 p. 5279‑81; amended in Gazette 31 Jul 2007 p. 3801 and 3802; 4 May 2012 p. 1853.]

Form 6 — Telephone order

Part A — Court copy of telephone order

Restraining Orders Act 1997 s. 23

Telephone Violence

Restraining Order

 

Number:

Jurisdiction:

Location:

 

Person who is bound by this order

Family name:

Date of birth:

Other names:

Homestreet:

address:suburb:postcode:

Workstreet:

address:suburb:postcode:

Phone nos.:work:home:

 

Protected

person

Family name:

Date of birth:

Other names:

 

 

 

 

Type of order

 

The order isr for 72 hours or lessr an interim order

 

 

Terms of the

order

 

 

Order made

Date order made:

Time order made:

 

 

Authorised person

Name:

Rank and number/identification:

Signature:

 

Date:

 

Confirmation

by Magistrate

This order r is correctr is not correct and is to be amended as shown above

Signature:

 

Date:

 

Form 6 — Telephone order

Part B — Copy of the order given to the person who is bound by the order

 

Restraining Orders Act 1997 s. 23

Telephone Violence

Restraining Order

 

Number:

Jurisdiction:

Location:

 

Person who is bound by this order

Family name:

Date of birth:

Other names:

Homestreet:

address:suburb:postcode:

Workstreet:

address:suburb:postcode:

Phone nos.:work:home:

 

Person protected

Family name:

Date of birth:

Other names:

 

 

 

 

Type of order

 

The order isr for 72 hours or lessr an interim order

 

 

Terms of the

order

 

 

Order made

Date order made:

Time order made:

 

 

Authorised person

Name:

Rank and number/identification:

Signature:

 

Date:

 

Form 6 — Telephone order

Part C — Information to be on the copy of the order to be given to the person who is bound by the order

IMPORTANT INFORMATION

FOR PERSON WHO IS BOUND BY THIS ORDER

 

If the order is for 72 hours or less

A violence restraining order has been made against you for 72 hours or less on the terms set out on the front of this order. This order came into force when it was served on you, or at a later time, if this is specified on the front of this order. You must comply with this order until the end of the duration period set out in the order.

 

Penalty: It is an offence to breach a violence restraining order. If you breach this order you may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both. If you breach the order in the presence of a child with whom you are in a family and domestic relationship (eg. your child, your partner’s child or a child who ordinarily resides with you) the court sentencing you will consider this an aggravating factor.

 

Counselling and support services may be of assistance to you.

 

If the order is an interim order

An interim violence restraining order has been made against you on the terms set out on the front of this order. This order came into force when it was served on you, or a later time, if this is specified on the front of this order, and it will remain in force until a final order is made or a court decides not to make a final order. You must comply with this order at all times while it is in force.

You have an opportunity to object to the order before it becomes a final order.

If you want to object to this order being made final you must fill in the “Objection” section on the back of the other copy of this order and return it to the court within 21 days from the date this order was served on you. The court will then arrange a final order hearing at which it will consider anything you want to say before deciding whether to make a final violence restraining order. The court will let you know where and when the final order hearing will be held.

If you do not object to this order being made final you should fill in the “Consent” section on the back of the other copy of this order and return it to the court within 21 days from the date this order was served on you. You will then not need to attend a final order hearing and the order will automatically become a final order which remains in force for the period specified in the order, or —

(a)if no period is specified and you are not a child, for 2 years; or

(b)if no period is specified and you are a child, for 6 months,

from the date this interim order was served on you.

If you do nothing and do not fill in and return the other copy of this order within 21 days the court will assume that you do not object and the interim order will automatically become a final order.

Penalty: It is an offence to breach a violence restraining order. If you breach this order you may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both.

 

Additional information about conviction for breaching the order

If you are convicted of breaching this order, the fact that the person protected by the order aided you in the breach is not a mitigating factor for the purposes of your sentencing (see the Restraining Orders Act 1997 section 61B(2)).

 

Affidavit evidence may be provided on request

If you, or the person protected by this order, request a copy of any affidavit received in evidence in relation to this order the registrar of the court where the application for the order was made is to provide a copy of the affidavit to the person who made the request.

Form 6 — Telephone order

Part D — Information to be on the respondent’s endorsed copy

IMPORTANT INFORMATION

FOR THE PERSON WHO IS BOUND BY THIS ORDER

For interim orders only

If you object to this interim order being made final you must fill in the “Objection” section below and return this copy of the order to the court within 21 days of the date it was served on you.

If you do not object to this order being made final you must fill in the “Consent” section below and return this copy of the order to the court within 21 days of the date it was served on you.

Remember if you do nothing and do not fill in and return this copy of the order to the court within 21 days this interim order will automatically become a final order.

 

Objection

Order

Restraining Order No.:

Court of Issue:

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

Will you be represented by a lawyer at the final order hearing?r  Yesr  No

If yes:Lawyer’s name:

Lawyer’s firm:

How many witnesses (including yourself) do you intend to call? _________________

Does this interim order prevent you from —

going to where you normally live?r  Yesr  No

having contact with your children?r  Yesr  No

going to where you work or otherwise prevent you from doing
your job?r  Yesr  No

being in possession of a firearm which is essential for your job?r  Yesr  No

 

Signature:Date:

OR

Consent

Order

Restraining Order No.:

Court of Issue:

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

I do not object to a final order being made on the same terms as this interim order. I understand that this interim order will automatically become a final order which will stay in force for the period specified in the order, or —

(a)if no period is specified and I am not a child, for 2 years; or

(b)if no period is specified and I am a child, for 6 months,

from the date on which this interim order was served on me.

Signature:Date:

Form 6 — Telephone order

Part E — Information to be on the copy of the order given to the person protected by the order

IMPORTANT INFORMATION

FOR PERSON PROTECTED BY THIS ORDER

 

If the order is for 72 hours or less

A violence restraining order has been made to protect you for 72 hours or less on the terms set out on the front of this order. This order will come into force when it is served on the person who is bound by this order, or at a later time, if this is specified on the front of this order. The person who is bound by this order must comply with this order until the end of the duration period set out in the order.

Penalty: It is an offence to breach a violence restraining order. If the person bound by this order breaches this order he or she may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both.

 

If the order is an interim order

An interim violence restraining order has been made to protect you on the terms set out on the front of this order. This order will come into force when it is served on the person bound by this order, or at a later time, if this is specified on the front of this order, and it will remain in force until a final order is made or a court decides not to make a final order. The person who is bound by this order must comply with this order at all times while it is in force.

The person who is bound by this order has 21 days within which to object to the order before it becomes a final order.

If the person who is bound by this order does object you will need to attend a final order hearing. At that hearing the court will consider anything you and the person who is bound by this order want to say before deciding whether to make a final restraining order. The court will let you know if a final order hearing is to be held and where and when you need to attend. Even if the person who is bound by this order does object, this interim order will remain in force until the final order hearing.

If the person who is bound by this order does not object this order will automatically become a final order which remains in force for the period specified in the order, or —

(a)if no period is specified and the person bound by the order is not a child, for 2 years; or

(b)if no period is specified and the person bound by the order is a child, for 6 months,

from the date this interim order was served on the person bound by this order. You will then not need to attend a final order hearing.

Penalty: It is an offence to breach a violence restraining order. If the person who is bound by this order breaches this order he or she may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both.

 

Counselling and support services may be of assistance to you.

 

Additional information about breaching the order

If the person bound by this order breaches it and you aid the person in that breach, you will not commit an offence however the court might decide to vary or cancel the order (see the Restraining Orders Act 1997 section 61B(3) and (4)).

 

Affidavit evidence may be provided on request

If you, or the person bound by this order, request a copy of any affidavit received in evidence in relation to this order the registrar of the court where the application for the order was made is to provide a copy of the affidavit to the person who made the request.

 

Form 6 — Telephone order

Part F — Information to be on the proof of service copy


Certificate of Service

 

Restraining order No.:

Court of issue:

 

Person serving order

Name of person serving order:

I amrthe registrar of the court

ra police officer Name and other identifying information:

ra prison officerPrison: ____________________________________________

ra person authorised by the registrar Date of authorisation:

 

Service

Method of service: r personalr oralr by postr substituted service

Place where order served:

 

 

Date of service:

Time of service:

 

 

 

Person served

[Person who is bound by the order]

 

Name:

Date of birth:

Signature:………………………………………………

[If possible to obtain]

 

 

Certificate

I certify that on the day and at the time and place set out above

rI personally served this order on the person who is bound by the order

rI orally served this order on the person who is bound by this order

rI posted this order to the person who is bound by this order

rI took the steps directed by the court to effect substituted service of this order on the person who is bound by this order in accordance with Part 6 Division 2 of the Restraining Orders Act 1997.

 

In the case of oral service, I also certify that I gave the person who is bound by this order the information required by section 55(5) of the Restraining Orders Act 1997 and that he or she appeared to understand what was said.

Signature:

Date:

[Form 6 inserted in Gazette 26 Nov 2004 p. 5282‑7; amended in Gazette 31 Jul 2007 p. 3801 and 3802; 4 May 2012 p. 1854-6.]

Form 7 — Restraining order record of telephone application

Restraining Orders Act 1997 s. 21(4)

Restraining order

Record of telephone

application

 

Number:

Jurisdiction:

Location:

 

 

Authorised

person

Name:

Rank and number/identification:

Contact phone no.:

Date of application:

 

Reason for

applying by

telephone

 

 

Ir amr am not satisfied that the matter is sufficiently urgent to justify a telephone application.

 

Person seeking to be

protected

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

Phone nos.: work:home:

 

Applicant

 

[If not the

person seeking to be protected]

The applicant is:rperson seeking to be protected

rparent or guardian of a child who is seeking to be protected

ra child welfare officer on behalf of a child who is seeking to be protected

rauthorised person

rlegal guardian of the person who is seeking to be protected

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

Phone nos.:work:home:

 

Respondent

Family name:

Date of birth:

Other names:

Homestreet:

address:suburb:postcode:

Workstreet:

address:suburb:postcode:

Phone nos.:work:home:

The respondentr isr is notpresent
r isr is notbeing detained by a police officer

 

Grounds for

application

 

 

Family

orders

Are there any current family orders relating to the respondent’s
rights in relation to children who may be affected by a restraining order?
r  Yesr  Nor  Unknown

Are there any current Family Court proceedings in which such
orders are being sought?
r  Yesr  Nor  Unknown

Details of family order or proceedings

 

Firearms

Does the respondent have a firearm or a firearms licence?r  Yesr  Nor  Unknown

Does the respondent have access to a firearm at work?r  Yesr  Nor  Unknown

 

Witnesses

and

summary of

evidence

Applicant:

 

 

Respondent:

 

 

Authorised person:

 

 

Other people:

 

 

Other notes

 

 

Decision and

order

Ir amr am notsatisfied that a telephone order should be made.

The terms of the order are:

 

Magistrate

Name:

Court where Magistrate is based:

Magistrate’s location when hearing application:

Signature:

Date:

Time:

[Form 7 inserted in Gazette 26 Nov 2004 p. 5288‑9.]

Form 8 — Application to vary or cancel a restraining order

Part A — Application to vary or cancel a restraining order

Restraining Orders Act 1997 s. 45

Restraining order
Application to vary or cancel

 

Number:

Jurisdiction:

Location:

 

Person

applying to

vary or

cancel

Family name:

Other names:

Address:street:

suburb:postcode:

Phone nos.:work:home:

Are you:rthe person protected by the order

rthe parent or guardian of a child protected by the order

ra police officer

rthe legal guardian of the person protected by the order

rthe person bound by the order

 

Restraining order

Type of order: r Violence Restraining Orderr Misconduct Restraining Order

Date order was made:

Restraining order no.:

Person who is bound by the order:

Person who is protected by the order:

 

 

 

 

Grounds for leave to continue this application

[Only fill this in if the application is being made by the person bound by the order]

If you are the person bound by the restraining order, on what grounds do you seek leave to continue the application?

 

Variation or cancellation

Do you want the restraining order to ber cancelledr varied

If varied, what do you want changed?

 

Grounds for variation or cancellation

Why do you want the restraining order varied or cancelled?

 

Hearing

[To be filled in by the court]

Court:

Date:

Time:

 

Notification

[To be filled in by the court]

I certify that on __ __/__ __/__ __ __ __ at _____ am/pm at

I notified the person applying to vary or cancel of the hearing date.

Registrar:

 

Form 8 — Application to vary or cancel a restraining order

Part B — Information to be on the copy of the application to be given to the applicant

IMPORTANT INFORMATION

FOR THE APPLICANT

 

Application by the person protected by the restraining order

If you are the person protected by the restraining order (or someone acting on behalf of that person) and you have applied to vary or cancel the order, you must attend a hearing on the date set out on the front of this application. The court will summons the person who is bound by the order who should also attend. At that hearing the court will decide whether or not to vary or cancel the restraining order.

If you do not attend the hearing, your application may be dismissed.

 

Application by the person who is bound by the restraining order

If you are the person who is bound by the restraining order and you have applied to vary or cancel a restraining order, you must attend a hearing on the date set out on the front of this application. The person protected by the restraining order will not attend this hearing. At this hearing you will have the opportunity to satisfy the court that you should be granted leave to continue the application. To do this you will need to satisfy the court that one of the following applies:

(i)you had a reasonable cause not to attend a prior hearing where the restraining order was made (this does not apply in respect of a hearing where you were not present because the person protected by the order chose to have the matter heard in your absence under section 26 of the Restraining Orders Act 1997);

(ii)there is evidence to support a claim that a person protected by the order has persistently invited or encouraged you to breach the order, or by his or her actions has persistently attempted to cause you to breach the order;

(iii)there has been a substantial change in the relevant circumstances since the order was made; or

(iv)if this application is made to vary or cancel an interim order, there is evidence to support a claim that the restraints imposed by the order are causing you unnecessary hardship.

 

If you do not attend the hearing, your application may be dismissed.

Your application to vary or cancel the restraining order will be dismissed if you do not satisfy the court that one of the grounds set out above applies.

If the court is satisfied that one of the grounds set out above applies to you then the court will set a date for a further hearing and will summons the person protected by the order to attend. At that hearing the court will decide whether or not to vary or cancel the restraining order.

If you do not attend the hearing, your application may be dismissed.

Application to extend duration of order

If this application is to vary the restraining order by extending the duration of the order, then, despite anything else in the Restraining Orders Act 1997, THE ORDER WILL NOT EXPIRE before the application is determined if the person bound by the order has been given a copy of this application.

 

[Form 8 inserted in Gazette 26 Nov 2004 p. 5290‑1; amended in Gazette 31 Jul 2007 p. 3802; 4 May 2012 p. 1856.]

Form 9 — Summons to vary or cancel restraining order

Part A — Summons to vary or cancel restraining order

 

Restraining Orders Act 1997 s. 47

Restraining order
Summons to vary or cancel

 

Number:

Jurisdiction:

Location:

 

An application has been made to vary or cancel the restraining order to which you (or a person of whom you are a parent or guardian) are a party. The details of the application are set out below.

You are required to attend a court hearing on this matter at the place and time set out below.

 

Person summonsed

rPerson protected by the order

rParent or guardian of a child protected by the order

rPerson bound by the order

rLegal guardian of a person protected by the order

rChild Welfare Officer on behalf of a child protected by the order

Family name:

Date of birth:

Other names:

Home street:

address:suburb:postcode:

Work street:

address:suburb:postcode:

Phone nos.:work:home:

 

Restraining order

rViolence Restraining Order

rMisconduct Restraining Order

Date order made:

Date order served:

Person bound by the order:

Person protected by the order:

 

 

 

 

Application

An application has been made for the restraining order to be:

rcancelled

rvaried

The variations sought to the order are as follows:

 

 

 

 

 

Grounds for application

 

 

Hearing

[To be filled in by the court]

Court:

Date:

Time:

Registrar:

 

If you do not attend the court hearing the restraining order may be varied or cancelled in your absence.

Form 9 — Summons to vary or cancel restraining order

Part B —Information to be on the proof of service copy

 


Certificate of Service

 

Restraining order No.:

Court of issue:

Person

serving

summons

Name of person serving summons:

I amrthe registrar of the court

ra police officer Rank, number and station:

ra prison officerPrison: ____________________________________________

ra person authorised by the registrar Date of authorisation:

 

Service

Method of service: r personalr by postr substituted service

Place where summons served:

 

 

Date of service:

Time of service:

 

 

 

Person

served

[Person bound, or person protected by the order]

 

Name:

Date of birth:

Signature:…………………………………………….

[If possible to obtain]

 

 

Certificate

I certify that on the day and at the time and place set out above:

rI personally served this summons on the person to be summonsed

rI posted this summons to the person to be summonsed

rI took the steps directed by the court to effect substituted service of this summons on the person to be summonsed in accordance with Part 6 Division 2 of the Restraining Orders Act 1997.

Signature:

Date:

 

OR

Summons not

served

Name of person attempting to serve summons:

I amrthe registrar of the court

ra police officer Rank, number and station:

ra prison officerPrison: _____________________________________________

ra person authorised by the registrar Date of authorisation:

Attempted method of service: r personalr by postr substituted service

Steps taken to attempt service:

I was unable to serve this summons because:

rthe person to be summonsed does not appear to live or work at the addresses given and cannot be found elsewhere

rthe person to be summonsed appears to be deliberately avoiding being served with this summons

rother [give details]

 

Signature:

Date:

 

Please return this proof of service copy of the summons to the court before the hearing date, even if you have been unable to serve it.

[Form 9 inserted in Gazette 26 Nov 2004 p. 5292‑3; amended in Gazette 31 Jul 2007 p. 3802; 4 May 2012 p. 1856.]

Form 10 — Police order

Part A — Police order

Restraining Orders Act 1997 Part 2 Division 3A

Police Order

 

Person who is bound by this order

Family name:

Date of birth:

Other names:

Homestreet:

address:suburb:postcode:

Workstreet:

address:suburb:postcode:

Phone nos.:work:home: mobile:

 

Person protected

Family name:

Date of birth:

Other names:

 

 

 

 

 

 

 

 

Terms of the order

 

 

Order made

Date order made:

Time order made:

Order expires

This order will expire at a.m./p.m. on the day of 20

[Note that this order cannot remain in force for a period longer than 72 hours after it has been served.]

 

 

 

 

Issuing police officer

Name and other identifying information:

Signature:

 

Form 10 — Police order

Part B — Information to be on the proof of service copy


Certificate of Service

 

Person served

[Person who is bound by the order]

Name:

Date of birth:

Signature:

 

 

Details of Service

Place where order served:

Date of service:

Time of service:

 

 

 

Officer servicing order

Name and other identifying information:

 

I certify that on the day and at the time and place set out above:

rI personally served this order on the person bound by this order.

rI gave the explanation required by the Restraining Orders Act 1997 section 30E(3)to the person bound by this order and the person protected by this order.

 

Signature:

Date:

ISSUING POLICE OFFICER

IMPORTANT INFORMATION: ORDERS AGAINST CHILDREN

Note that the Restraining Orders Act 1997 section 30D reads as follows:

30D.Police orders against children

(1)A police order cannot impose restraints on a child unless the child is in a family and domestic relationship with the person for whose benefit the order is made.

(2)A police officer must not make a police order against a child that might affect the care and wellbeing of the child unless the police officer is satisfied that appropriate arrangements have been made for the care and wellbeing of the child.

 

Form 10 — Police order

Part C — Information to be on the copy of order given to the person bound by a police order

PERSON BOUND BY THIS ORDER

IMPORTANT INFORMATION

This is a police order which has been made against you.

In this police order you are referred to as the person who is bound by this order.

This police order came into force when it was served on you.

You must comply with the terms of this order until it expires.

The date and time of expiry are written on the front of this order.

The terms of this police order are written on the front of this order. You should read the terms carefully so that you are aware of the restraints that have been imposed on you — this means that you are not to do certain things.

This police order has been issued to —

ensure that a person is protected from acts of family and domestic violence;

prevent behaviour that could reasonably be expected to cause fear that a person will have committed against them an act of family and domestic violence; or

ensure that children are not exposed to acts of domestic violence.

 

Penalty: It is an offence to breach a police order. If you breach this order you may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both. If you breach the order in the presence of a child with whom you are in a family and domestic relationship (eg. your child, your partner’s child or a child who ordinarily resides with you) the court sentencing you will consider this an aggravating factor.

 

Note 1: If you are convicted of breaching this order, the fact that the person protected by the order aided you in the breach is not a mitigating factor for the purposes of your sentencing (see the Restraining Orders Act 1997 section 61B(2)).

 

Note 2: If you are convicted of breaching this order and you have been convicted of at least 2 other offences under the Restraining Orders Act 1997 section 61(1) or (2a) within the period of 2 years before your conviction for breaching this order, you will face a penalty that is or includes imprisonment (or, if you are a child, detention) unless the court decides under section 61(6) of the Act not to impose such a penalty.

 

Counselling and support services may be of assistance to you.

Form 10 — Police order

Part D — Information to be on the copy of a police order given to a person protected by a police order

IMPORTANT INFORMATION

FOR PERSON PROTECTED BY A POLICE ORDER

This is a police order which has been made for your benefit.

In this police order you are referred to as the person protected.

This police order came into force when it was served on the person who is bound by the order.

The person bound by this order must comply with the terms of this order until it expires.

The date and time of expiry are written on the front of this order.

The terms of this police order are written on the front of this order. You should read the terms carefully so that you are aware of the restraints that have been imposed to protect you.

This police order has been issued to —

ensure that a person is protected from acts of family and domestic violence;

prevent behaviour that could reasonably be expected to cause fear that a person will have committed against them an act of family and domestic violence; or

ensure that children are not exposed to acts of domestic violence.

The person bound by this order commits an offence if he or she fails to comply with this order.

 

You must not —

invite or encourage the person bound by this order to breach this order; or

by your actions cause the person bound by this order to breach the order.

 

Penalty: It is an offence to breach a police order. If the person bound by this order breaches this order he or she may be arrested and on conviction will face a penalty of up to $6 000 or imprisonment for 2 years, or both.

 

Note 1: If the person bound by this order breaches it and you aid the person in that breach, you will not commit an offence however the court might decide to vary or cancel the order (see the Restraining Orders Act 1997 section 61B(3) and (4)).

 

Note 2: If the person who is bound by this order is convicted of breaching this order and the person has been convicted of at least 2 other offences under the Restraining Orders Act 1997 section 61(1) or (2a) within the period of 2 years before the conviction for breaching this order, the person will face a penalty that is or includes imprisonment (or, if the person is a child, detention) unless the court decides under section 61(6) of the Act not to impose such a penalty.

 

Counselling and support services may be of assistance to you.

[Form 10 inserted in Gazette 4 May 2012 p. 1856-9.]

Form 11 — Restraining order made during other proceedings — record of proceedings

 

Restraining Orders Act 1997 s. 63

Restraining order made during other proceedings Record of proceedings

 

Number:

Jurisdiction:

Location:

 

Application

Order made:rby court of its own motion
ron an application or request by

 

Person protected by the order

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

Phone nos.:work:home:

Role in proceeding in which restraining order was made:

rapplicant/prosecutorrrespondent/accused

rother witnessrother

 

Person who is bound by the restraining order

Family name:

Date of birth:

Other names:

Homestreet:

address:suburb:postcode:

Workstreet:

address:suburb:postcode:

Phone nos.:work:home:

Role in proceeding in which restraining order was made:

rapplicant/prosecutorrrespondent/accused

rother witnessrother_______________________________________________

 

Grounds on

which order applied for or considered

 

 

Family

orders

Are there any current family orders relating to the person who is bound by the restraining order’s rights

in relation to children who may be affected by a restraining order?r Yesr No

Are there any current Family Court proceedings in which suchr Yesr No

orders are being sought?

Details of family order or proceedings:

 

 

 

Firearms

Does the person who is bound by the restraining order have a firearm or a firearms licence? r Yesr No

Does the person who is bound by the restraining order have access to a firearm at work?r Yesr No

 

Witness

and

summary of evidence

Person protected by the restraining order:

 

Person who is bound by the restraining order:

 

 

Other people:

 

 

Other notes

 

 

 

Terms of the order

 

 

Order made

Date order made:

Time order made:

 

Registrar

Signature:

Date:

[Form 11 inserted in Gazette 26 Nov 2004 p. 5298‑9; amended in Gazette 31 Jul 2007 p. 3802.]

Form 12 — Application to register an interstate restraining order

Part A — Application to register an interstate restraining order

Restraining Orders Act 1997 s. 75

Interstate restraining order Application to register

 

Number:

Jurisdiction:

Location:

 

Person to be protected by the order

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

Phone nos.:work:home:

 

Applicant

 

[If not the

person seeking to be protected]

Are you:r the person to be protectedr the parent or guardian of a child to be protected

r a police officerr the legal guardian of a person to be protected

Family name:

Date of birth:

Other names:

Address:street:

suburb:postcode:

Phone nos.:work:home:

 

 

 

 

Person who is to be bound by this order

 

[Fill in as many

details as you

can]

Family name:

Date of birth:

Other names:

Homestreet:

address:suburb:postcode:

Workstreet:

address:suburb: postcode:

Phone nos.:work:home:

 

Interstate

order

State where order was made:

Court in which order was made:

Date order was made:

Order/matter no.:

 

Notice

Ir dor do notwant notice of the registration of this order given to the person who is to be bound by this order

 

 

Applicant

Signature:

Date:

 

Registered

[To be filled in by the court]

Date of registration:

Time of registration:

Registrar:

Date:

 

Notification

[To be filled in by the court]

I certify that on __ __/__ __/__ __ __ __ at ______ am/pm at

I notified the applicant that the order had been registered.

Registrar:

 

When you lodge this application you must also give the registrar the original interstate order or a copy certified to be a true copy by an officer of the court in which it was made. The registrar may also ask for evidence to show that the interstate order has been served on the person who is to be bound by the order.

Form 12 — Application to register an interstate restraining order

Part B — Information to be on the copy of the application given to the applicant

 

Notification to applicant

The interstate restraining order described in this form has been registered in Western Australia . It can now be enforced in this State as if it had been made here.

 

 

 

Form 12 — Application to register an interstate restraining order

Part C — Information to be on the copy of the application given to
the Commissioner of Police

 

Notification to the Commissioner of Police

The interstate order described in this form has been registered in Western Australia . A copy of the interstate order is attached.

 

 

 

Form 12 — Application to register an interstate restraining order

Part D — Information to be on the copy of the application given to the interstate court where the relevant interstate order was made

 

Notification to the Registrar

The restraining order described above and made in your court has been registered in Western Australia . If the original order is varied or cancelled please notify the registrar of the court mentioned above.

[Form 12 inserted in Gazette 26 Nov 2004 p. 5300‑1; amended in Gazette 31 Jul 2007 p. 3802; 4 May 2012 p. 1859.]