What is a restraining order?
Question & AnswerWhat is a restraining order?
4. Apply for a restraining order
You apply for a at family court.
How you get your restraining order depends on your situation. You can ask for a restraining order by:
- bringing a court application, where you ask the court for other family law orders at the same time, or
- bringing a court motion, where you ask the court to make a decision about a specific issue before a full trial takes place.
Most people bring both an application and a at the same time. You might need to bring a motion because it takes a long time for an application to reach a trial.
To get a restraining order, you must prove that you have reasonable grounds to fear for your safety or the safety of any child in your . You must show why you are afraid for yourself or any child.
You might want to ask for a restraining order if the person:
- is harassing you after you have moved out and you don't want to call the police
- has threatened you and the police tell you there is nothing they can do
- has threatened to abduct or take your child away from you
You will need to go to court and give evidence to a judge. In most cases, the other person will also give evidence. You usually give evidence in sworn written statements called affidavits. But sometimes you may have to give oral evidence where you answer questions in court.
The judge will look at all the evidence and decide whether to give you a restraining order and for how long.