If someone threatens, intimidates and harasses you, or causes you to fear for your personal safety and well-being, including your property, you can have a restraining order taken out against them.
Having a restraining order implemented against someone legally restrains that person from coming near you or your property, in addition to prohibiting all communication from them (save for instances where the court finds it appropriate for communication solely as to contact with children of the relationship).
A restraining order also prevents that person from using other people to try and contact you either in person, over the phone, SMS, email or mail. The person can be charged by the police with a criminal offence if such breaches of the restraining order are found to have taken place. If/when this happens the courts step in and deal with the person in question.
The purposes of a restraining order are to prevent physical violence (domestic or otherwise) and to put an end to threats being made against someone in the future. The conditions of a restraining order will vary depending on the circumstances and situations. A restraining order is an order of the court which stipulates specific instructions as to how a person is to behave.
The restraining order process involves:
- The “Applicant” – Person applying for a restraining order – and,
- The “Respondent” – Person against whom the order is sought
For further information about restraining orders or if you need help with submitting an application for a restraining order, please feel free to contact Frost & Associates and we’ll be sure to help you.