Responding to applications for Family Violence Orders or Restraint Orders

Family Violence Orders are important legal orders that restrain individuals from contacting or being near the person protected by the order. There are a number of conditions that can be attached to a Family Violence Order, and each Order will differ depending on the circumstances. Restraint Orders are similar, but are used in circumstances where there is no past family relationship

Family Violence Orders must be complied with. Breaching a Family Violence Order is a criminal offence, and you will be arrested and may not receive bail even if you have never committed any other criminal offence before. This is because when applying for bail on a charge related to family violence, the Magistrate or Judge can only release you on bail in certain circumstances.

If you are served with a Police Family Violence Order, (issued by Tasmania Police), a Family Violence Order (granted by a Magistrate) or a restraint order then you should seek legal advice. Even if you are not charged with any criminal offences arising out of the Order, these orders can have an impact on you and in some circumstances would have to be declared to your employer (for example, if your employment requires a Working with Vulnerable Persons Card).