Guideline 17 Restraint Orders

Restraint Orders			Guideline: State Number: 17 Effective Date: 20/10/00 Law: State Civil
17.1	Applicants
	Aid will be granted to applicants to apply for a restraint order who are subjected to:
	a.	threats or actual personal injury;
	b.	threats or actual property damage;
	c.	offensive or provocative behaviour which is likely to lead to a breach of the peace; OR
	d.	acts of stalking which have caused the applicant to feel apprehension or fear;
	in circumstances where, in the opinion of the Director:
	the applicant's safety is at risk; and the actions of the respondent are so serious that there is no other reasonable means of protecting the applicant.
	Provided that: The circumstances on which the application is based have been reported, by the applicant or some other person, to the Police, and the Police have not either sought a restraint order on the applicants behalf, or laid criminal charges.
17.2	Respondents
	Assistance will not normally be granted to a respondent to oppose the making of a restraint order, or to apply for a variation of a restraint order, except in the following special circumstances:
	a.	Where the terms of the order sought would curtail some important right of the respondent (e.g., by excluding the respondent from the home), and where a Court might be persuaded to make a less restrictive order or no order at all.
	b.	Where the respondent was arrested pursuant to a warrant issued under Section 106 of the Justices Act 1959 and is still in custody.
	c.	Where the Director is satisfied that the merits of the case justify the matter being defended and there is a reasonable prospect of resisting the application.
17.3	Breach proceedings
	Assistance is available to respondents subject to the Commission's general guidelines for summary criminal prosecutions, see Guideline 14

Page Last Revised :Tuesday, November 11, 2003