A restraining order is a strange legal matter as it sits at the confluence three distinct areas of law – although technically a civil matter, they are determined in a manner akin to a criminal trial and are most commonly linked with the family law jurisdiction. Unlike a criminal trial, the standard of evidence needed to prove a matter in the civil jurisdiction is on the balance of probabilities, much lower than the level of beyond reasonable doubt demanded in criminal trials.
The uniquely personal consequences of restraining order matters stems from the possibility of family alienation, whether by the granting of a final order itself or on the basis of future Family Court proceedings, which can rely upon the findings of fact a judge makes in determining the restraining order contest. The contest an unjust or inaccurately pleaded restraining order of critical importance; timely objection is necessary also due to the short periods within which an initially granted order can be challenged.
Our team has experience in the application, contest and determination of restraining orders in representing both the applicant and the respondent. We also specialise in pre-determination negotiation and mediation, specifically in resolving the matter privately between the applicant and the respondent on a basis that won’t affect any future family law proceedings. Our office is also capable of providing advice on the resolution, referral or WA-based implications of restraining or protective orders from other states.
We also have relationships with the top family law firms in the State, who can advise and represent you in relation to Family Court proceedings in relation to any subsequent custodial, asset division or prenuptial interpretation dispute. We are happy to provide a referral or set up an initial consultation with one of our partners, either individually for your attendance or jointly with our lawyer with carriage of your matter, who can explain the status and legal intricacies of your case to your chosen family law practitioner.