Violence restraining orders, or VROs, are one of the most common legal issues dealt with by criminal lawyers and legal advisors in Australia. VROs may be imposed by a legal authority, and they put restrictions on where a person bound by the order can go and what they can do. Advice out today says that a VRO will prevent an offender from coming into contact with the person or people who have taken the order out against them. In come cases, they may also be prevented from going to certain places to reduce the risk of contact.
Are Violence Restraining Orders The Same As Criminal Charges?
To put it simply, no, a VRO is not a criminal charge. It won’t go on your criminal record, and won’t leave a permanent black mark against your name. However, breaching a VRO is a severe offence, and will result in a criminal record. The penalties for breaching a VRO can be significant, and include up to $6000 fine and two years imprisonment. Other penalties can be imposed by a court, and repeat offenders can face larger fines or longer prison sentences.
What Happens If I Breach A VRO?
First, you need to realise that it’s never worth breaching a restraining order. Doing so will result in significant penalties, even if you don’t feel that you’ve done anything wrong.
If a breached restraining order is reported to the police, they will respond as soon as possible. If possible, they will attempt to arrest the person breaching their VRO, and may choose to charge them accordingly.
If you are charged with breaching a VRO, you will usually be kept in custody until your appointed court date. You may be able to apply for bail once you get to court, but there’s no guarantee that you will get it. Ultimately, the court needs to put the safety and welfare of the people who the VRO is against first, which means that you may not be granted bail if you’re seen as a risk.
What Exceptions Are There To VROs?
If you’ve breached a VRO, you may be able to get pardoned, depending on the exact situation and circumstances surrounding the breach. Some restraining orders have additional conditions attached which make it appropriate for contact to occur in limited conditions, for example in the presence of a lawyer or a child welfare officer.
Final Word
Ultimately, violence restraining orders are extremely serious, and they should always be treated with respect. It’s simply not worth breaching a VRO, because the risk of prosecution is high and the maximum penalties are large. If you need to make contact with the person that the VRO separates you from, consider going through a lawyer or a family dispute resolution service so that you’re not at risk of breaching your order.
