When attending a final restraining order hearing in Australia, the court will decide whether to grant a final restraining order based on the evidence presented by both parties.
This hearing is a critical stage where the applicant and respondent can present their evidence and arguments, and witnesses may be called to testify.
The presiding magistrate or judge will assess the necessity of the order to protect the applicant from future harm or harassment.
Final Restraining Order Hearing Process
A final restraining order hearing follows a structured process. Initially, the court will verify that all parties are present and understand why they are there.
The applicant and respondent, each either represented by themselves or by their legal representatives, will have the opportunity to present their case.
This includes submitting evidence such as documents, photographs, or witness testimonies.
Presentation of Evidence
During the hearing, the applicant will first present their evidence to support why the restraining order should be made final.
This can involve detailing past incidents of violence or threats. The respondent then has the opportunity to contest the evidence presented and provide their own evidence and perspective.
Witnesses can play a pivotal role at this stage; they may be cross-examined by both parties’ legal representatives.
It’s important that all evidence presented is clear and pertinent to the case at hand to aid the judge’s decision-making process.
Key Takeaway: Effective presentation of evidence is key to influencing the court’s final decision regarding the restraining order.
Also read: Making a Statement to Police About Domestic Violence
Decision Making
After hearing all the evidence, the magistrate or judge will make a decision based on the balance of probabilities—whether it is more likely than not that the respondent poses a threat to the safety and well-being of the applicant.
If the court finds sufficient grounds for a restraining order, the final order will be issued, specifying conditions that the respondent must adhere to.
Key Takeaway: The judge’s decision hinges on the credibility and relevance of the evidence presented during the hearing.
Possible Outcomes of a Final Restraining Order Hearing
Granting of the Final Restraining Order
When the court decides to grant a final restraining order, it is affirming that the evidence supports the applicant’s claims of needing protection.
The order will clearly outline prohibited behaviors and actions that the respondent must avoid. Common stipulations include no contact with the applicant—direct or indirect—and maintaining a specified distance from the applicant’s home, workplace, and other relevant locations.
This measure aims to ensure the safety and well-being of the applicant by legally limiting the respondent’s actions.
Also read: Representing Yourself as a Respondent in a Restraining Order Final Hearing
Imposition of Specific Conditions
Sometimes, the court may choose to impose conditions on the restraining order, tailoring it to the specifics of the case.
These conditions are designed to address particular concerns or risks posed by the respondent, without imposing a full no-contact order.
For instance, the court might allow the respondent to communicate with the applicant for important purposes, like arranging childcare, but with strict guidelines to prevent abuse or harassment.
Dismissal of the Case
If the evidence presented is not compelling enough, or if the judge finds it insufficient to meet the legal requirements for a restraining order, the case may be dismissed.
This means the court did not find a credible threat to the safety of the applicant, and thus, no restraining order is issued. This outcome can be challenging for applicants, as it leaves them without the legal protection they sought.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
