Hearing applications

When hearing an application, the court will require evidence as to why a restraining order is being sought. This may include the actions or conduct of the respondent, circumstances of the parties, welfare of children, and whether there is a history of similar behaviour. A hearing will also examine the effect of any orders made.

It is important that you tell the police or the court if any restraining orders have been made between the parties in the Family Court or any other court.

Orders can be made to cover a wide range of situations and can include a direction that the respondent:

• keep away from your home or school
• stop behaving in a certain way
• stop interfering in the way you live.

Where an application for a violence restraining order is made in person to a court, you can choose to have the initial hearing of the matter without the other person being present.

At this hearing the court may:

• make an order of 72 hours duration or less. This order must be served on the respondent within the next 24 hours or it lapses;
• make a temporary order of more than 72 hours duration. The person on whom the order is served has 21 days after service to lodge an objection to the order
• adjourn the matter to a hearing date
• dismiss the application.

Alternatively, you may ask that your application proceed to a hearing in the presence of the other party. If the court is satisfied that reasonable grounds exist for the making of the order, it will make a final order.

Applications for misconduct restraining orders can only be made to a Magistrates Court or Children's Court. Hearings for these applications can only proceed after a summons has been served on the respondent.

Any misconduct restraining order made only remains in force for a period of one year, or less if specified in the order.