Restraining Order and Repeat Offenders

Restraining Order and Repeat Offenders

If you or someone you know is involved in a restraining order matter through the Magistrates Court then you may like to read on.

A breach of s61(1) of the Restraining Orders Act 1997 (Act)ordinarily attracts a fine of up to $10,000 and/or imprisonment for 2 years. However, the court is bound by the operation of s61A(2)(b) and s61A(5) of the Act, which make clear that where a person has two previous offences of the same nature within the previous two years, that the court must impose a sentence of imprisonment.

The exception to the above is where the court decides that imprisonment would clearly be unjust and that the person is unlikely to be a threat to the safety of a person protected by the restraining order or the community generally. In other words, what was the nature of the alleged breach? If it was a threat then imprisonment is the likely outcome.

Further, if the person is on bail at the time of the alleged further breach of the Act, then that is what is known as a ‘Schedule 2’ offence and the court will be obliged to revoke bail and order that the person be placed in custody, unless exceptional circumstances exist as to why the alleged breach occurred.

As such, repeat breaches of restraining orders quickly become serious matters and can and do result in terms of imprisonment.

Finally, if you have read this far and think that you need some practical advice or assistance in relation to your situation, then now is probably the time to get in touch. Austral Legal can help and we offer an initial discounted 30-minute SmartMove appointment for $80 by phone or in person at our office. Bookings can be made online through our website or simply by phoning our office on 08 9745 9550. Once we have a handle on what is required, we may well be able to offer a fixed fee for any further legal services, giving you cost certainty from the start. Austral Legal. Practical advice.