Restraint Orders - Respondents

Interim (Temporary) Orders: 

In urgent cases an interim order may be made by the magistrate even before you are notified of the application. An interim order is a temporary order and it usually remains in force until the next stage of the hearing or for such period of time as the magistrate considers appropriate.

Final Orders: 

These orders may be made after the application has been heard by the magistrate and both parties have either consented to the orders or the magistrate has decided that orders should be made.

Service of Notices and Orders

If you are the respondent to a Restraint Order Application you will receive a copy of the application. The application is normally given to (served on) you by a process server or police officer. Within the copy of the application you will find a 'Notice of Hearing' giving the date and time of the formal hearing.

If the magistrate has already made interim orders you will also be served with a copy of the interim orders.

What Should I do Now?

Read through all the documents you have been given carefully, especially:

• Note the date and time for the formal hearing in the 'Notice of Hearing' section of the Restraint Order Application.
• Read the section of the Restraint Order Application which details the orders being sought in your case. There are more than ten common types of orders, and often more than one order is sought in an application.
• Read the section of the Restraint Order Application containing the reasons why the applicant is seeking the orders.
• If you have been served with any interim orders you must read them carefully and obey the orders immediately.
• Interim and Final Orders take effect immediately if you are in court when the orders are made.
• If you were not in court the orders take effect when you are given (served with) a copy of the orders.

What Happens in Court?

There are several processes that a Restraint Order Application may pass through at the courts:

Urgent Hearing:

When an application is urgent a hearing usually occurs on the same day the application is lodged with the court. You may not have been notified or seen the application before the urgent hearing and it will normally proceed without you being present. The purpose of the urgent hearing is to consider making interim orders and set a time for a formal hearing.

First Formal Hearing:

You will always be informed of the time and date for a formal hearing. The purpose of a formal hearing is to give you the opportunity to say whether you consent to the orders sought or not.

Contest Mention:

The matter may be listed for a 'contest mention' if you claim that the application should be dismissed. You may have your lawyer represent you at this hearing if you wish. The purpose of this hearing is to clarify the issues, determine the number of witnesses and the approximate length of a final hearing. The magistrate may also give you information about possible outcomes if you proceed to a final hearing.

Final Hearing:

You may have your lawyer represent you at this hearing if you wish, and you can give evidence and call witnesses. The magistrate may dismiss or uphold the application. If the application is upheld, the magistrate may make final orders and you may have to pay court costs. If the application is dismissed no orders will be made and you may wish to apply to the magistrate for the recovery of your costs.

Your Options in Court

Consent to Orders:

You can give your consent to the Restraint Order (either interim or final) being made. If you give consent the orders will be made and no further hearings will be necessary. If you give consent it does not mean that you accept that everything in the application is true, but you must state your denial of the allegation(s) to the magistrate who will make a record of this on the file.

Not Appear:

You do not have to come to court for any hearing of the application. However, if you don't appear the matter may be heard in your absence and the magistrate may make any orders he or she considers to be appropriate and the matter will not proceed to a contest mention and/or final hearing.

Contest the Application:

You can contest a Restraint Order Application. In this case you may wish to see your lawyer as you will need to put your case to the court at a contest mention and/or final hearing. Even though you are contesting the application magistrates may make interim orders which usually remain in force until the next hearing or for such period of time as they consider to be appropriate.

Breaches of Restraint Order

A Restraint Order, whether interim or final, is a court order and it is a criminal offence to breach any of the terms of the orders. In the case of a breach, you can be arrested without a warrant or summoned to appear in court, and prosecuted. You may also face a maximum fine of $1000 or six months imprisonment.

Contact Telephone Numbers

If you have any questions or require assistance you can contact one of the following services:

Magistrates' Courts

This information is provided as a joint venture between the Commonwealth's
"Partnerships Against Domestic Violence" and the Tasmanian State Government.
Version 1.1 – February 2000