201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
Contact Armstrong Legal:
Sydney: (02) 9261 4555
An application must be accompanied by a supporting affidavit stating the grounds for the applicant’s belief that either:
The court must make a restraining order even if there is no risk of the property being disposed of or otherwise interfered with.
Contravention of a restraining order is a criminal offence if the person had notice that the interest was subject to the restraining order. The offence is punishable by a fine equivalent to 300 penalty units and/or imprisonment for up to 5 years.
The court may make either of the following orders:
A restraining order may be issued over one or more of the following:
Once a restraining order has been made, written notice of the order must be given to any person whose interests are affected by the order.
A person who a restraining order is made against may file an application for an exclusion order, which is an order to exclude some or all of the property from the restraining order. The court must be satisfied that the property was not:
A person who was not notified of the application against the making of a restraining order may apply to the court to have the order revoked. The application must be made within 28 days of the person being notified of the order.
In order to set aside the restraining order, the court must be satisfied either that:
A restraining order ceases to be in force 28 days after the person’s charge is withdrawn, the person is acquitted or the conviction is quashed, unless either a pecuniary penalty order or forfeiture order has been applied for or made.
If you have been given written notice of a restraining order, it is essential that you seek legal advice immediately, attend the hearing and give evidence. You may be able to get some or all of the property excluded from the restraining order.
In some circumstances, a restraining order may provide for paying for a person's reasonable legal costs. However, the court must be satisfied that the person is unable to pay their legal costs out of their unrestrained property.
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.