The present procedure of obtaining a restraining order can be somewhat arduous and stressful, but be it as it is, it just might be necessary. An injunction is a court order that states what someone can or can’t do, and if the case happens to be of a violent or threatening behaviour type, two main kinds of injunctions can provide protection to the victims: these are non-molestation orders and occupation orders.
What is known as a non-molestation order, forbids an abuser, or stalker, from coming anywhere inside of a specified area of the victim or potential victim. This is normally used in domestic abuse and separation cases. The occupation order gives particulars on who may live in the shared home and may state that one or other of the parties will have to leave the home, at least for a specified period of time, until a more permanent arrangement has been achieved.
Imminent Danger and Protection
There are two different trains of thought when it comes down to the nature and scope of a common restraining order. The first is protection against harassment, while the second is known as an order of protection. The differences may seem somewhat confusing, so experts agree that you should try consulting with restraining order lawyers in Perth, before seeking a restraining order.
Should you believe that you are right now in imminent danger of some form of bodily harm from someone you know, the first thing to do is to call emergency services The responding officer will assist and guide you through the required procedure of how to get a restraining order. If things are downright dangerous, you should go and stay with family, friends or get to a domestic violence shelter, where experienced people will help you to obtain the order.
Information is a Must
Normally, obtaining a temporary restraining order begins with a simple filing out of a claim at the local police station. Officers there will give you some forms to fill out, which will provide them with your identification, contact information, and a detailed report of why you wish to take such an action. They will also ask you for any other corroborating evidence of harassment, threats or bodily harm. Take anything such as photographs of injuries, copies of threatening communications or any official incident reports and offer as much contact information on the offender as possible.
After filling out all the required forms and evidence, the case will then go to court. A judge will then consider your appeal for a restraining order and if the judge be convinced that a restraining order is deemed necessary, a temporary restraining order will be issued. This kind of order is normally valid for a short time period, until the court will provide a hearing date in which the temporary restraining order can be extended for longer, depending on the case in hand.
Using a legal professional in such cases is a must for the very best advice and protection.