About VRO Breaches
Learn more about common assault charges in WA.
When you're ready make a quick enquiry.
- Our Process
- The Law
- Possible Defences
- Possible Outcomes
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our assault lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with restraining order breach experience
Meet with lawyers who have successfully represented clients accused of breaching a VRO.
- Past Cases
- Good Results
- Happy Clients
Breching A VRO
Restraining Orders Act 1997
Section 61 (1) and section 61 (2)
"A person who is bound by a Restraining Order and breaches that Order is guilty of an offence.”
Elements of the offence
- ‘A person who is bound’ - The Respondent (the person bound by the Order) is the only person who can breach the Order. The person Protected by the Order cannot be bound by the Order and cannot be guilty of breaching the Order.
- ‘Restraining Order’ - A Restraining Order can either be a Violence Restraining Order, Misconduct Restraining Order or Police Order.
- ‘Breaches’ - A person “breaches” the Order of the Court if they do an act or thing that is restricted or prohibited by the Order of the Court. The Order generally sets out in standard terms what a Respondent can and cannot do. In order for a lawyer to assess whether the act or thing done is restricted by the Order it is important that you retain the Order paperwork.
What the Police & Prosecution must prove in court to secure a common assault criminal conviction
- The Police must prove that the Restraining Order was in effect, and that the Accused actions were in breach of a condition of that Order imposed by the Court.
How they might prove this
- Depending on the nature of the alleged breaching conduct the Police use multiple sources of materials. Most commonly, they use phone records, text message transcriptions, CCTV, emails, social media posts and communications, fingerprints and evidence gathered from witnesses.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with restraining order breach experience
Meet with lawyers who have successfully represented clients accused of breaching a VRO.
- Past Cases
- Good Results
- Happy Clients
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Did not occur
Due to amendments in the Act there are little defences available to Accused persons. The most common defence used is that the breach did not in fact occur. This may be a dispute of the evidence or as to identity.
Was in the course of...
It is a defence to the charge to prove that the act that constituted the offence, was in the course of —
- family dispute resolution, as defined in the Family Court Act 1997;
- instructing, or acting through, a legal practitioner or using conciliation, mediation or another form of consensual dispute resolution provided by a legal practitioner;
- acting in accordance with an action taken by a person or authority under a child welfare law; or
- acting as the result of such an emergency that an ordinary person in similar circumstances would have acted in the same or a similar way.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with restraining order breach experience
Meet with lawyers who have successfully represented clients accused of breaching a VRO.
- Past Cases
- Good Results
- Happy Clients
What’s taken into account if you’re found guilty...
- The circumstances of the breach
- Any previous breaches
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
The penalty for Breaching a Violence Restraining Order is more severe than breaching a Police Order or Misconduct Restraining Order. Violence Restraining Orders are considered very serious and are only granted where violent and/or threatening behaviour between parties is alleged.
There is a possibility of imprisonment if you are convicted of breaching a restraining order.
The maximum penalty for breaching a Police Order or Violence Restraining Order is imprisonment of up to 2 years.
If a person is convicted of at least 2 prior breaches of Violence Restraining Order or Police Orders within a 2 year period, the offender must receive a term of imprisonment unless:
- Imprisonment would be clearly unjust in the circumstances; and
- The person is unlikely to be a threat to the person seeking to be protected or to the community in general.
Immediate Imprisonment is the sentence of last resort and will only be imposed when the seriousness and circumstances of the offence require it.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of common assault.
The maximum fine for breaching a Police Order or Violence Restraining Order is: $6000.00
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with restraining order breach experience
Meet with lawyers who have successfully represented clients accused of breaching a VRO.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our assault lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with restraining order breach experience
Meet with lawyers who have successfully represented clients accused of breaching a VRO.
- Past Cases
- Good Results
- Happy Clients
The Law
Breching A VRO
Restraining Orders Act 1997
Section 61 (1) and section 61 (2)
"A person who is bound by a Restraining Order and breaches that Order is guilty of an offence.”
Elements of the offence
- ‘A person who is bound’ - The Respondent (the person bound by the Order) is the only person who can breach the Order. The person Protected by the Order cannot be bound by the Order and cannot be guilty of breaching the Order.
- ‘Restraining Order’ - A Restraining Order can either be a Violence Restraining Order, Misconduct Restraining Order or Police Order.
- ‘Breaches’ - A person “breaches” the Order of the Court if they do an act or thing that is restricted or prohibited by the Order of the Court. The Order generally sets out in standard terms what a Respondent can and cannot do. In order for a lawyer to assess whether the act or thing done is restricted by the Order it is important that you retain the Order paperwork.
What the Police & Prosecution must prove in court to secure a common assault criminal conviction
- The Police must prove that the Restraining Order was in effect, and that the Accused actions were in breach of a condition of that Order imposed by the Court.
How they might prove this
- Depending on the nature of the alleged breaching conduct the Police use multiple sources of materials. Most commonly, they use phone records, text message transcriptions, CCTV, emails, social media posts and communications, fingerprints and evidence gathered from witnesses.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with restraining order breach experience
Meet with lawyers who have successfully represented clients accused of breaching a VRO.
- Past Cases
- Good Results
- Happy Clients
Possible Defences
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Did not occur
Due to amendments in the Act there are little defences available to Accused persons. The most common defence used is that the breach did not in fact occur. This may be a dispute of the evidence or as to identity.
Was in the course of...
It is a defence to the charge to prove that the act that constituted the offence, was in the course of —
- family dispute resolution, as defined in the Family Court Act 1997;
- instructing, or acting through, a legal practitioner or using conciliation, mediation or another form of consensual dispute resolution provided by a legal practitioner;
- acting in accordance with an action taken by a person or authority under a child welfare law; or
- acting as the result of such an emergency that an ordinary person in similar circumstances would have acted in the same or a similar way.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with restraining order breach experience
Meet with lawyers who have successfully represented clients accused of breaching a VRO.
- Past Cases
- Good Results
- Happy Clients
Possible Outcomes
What’s taken into account if you’re found guilty...
- The circumstances of the breach
- Any previous breaches
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
The penalty for Breaching a Violence Restraining Order is more severe than breaching a Police Order or Misconduct Restraining Order. Violence Restraining Orders are considered very serious and are only granted where violent and/or threatening behaviour between parties is alleged.
There is a possibility of imprisonment if you are convicted of breaching a restraining order.
The maximum penalty for breaching a Police Order or Violence Restraining Order is imprisonment of up to 2 years.
If a person is convicted of at least 2 prior breaches of Violence Restraining Order or Police Orders within a 2 year period, the offender must receive a term of imprisonment unless:
- Imprisonment would be clearly unjust in the circumstances; and
- The person is unlikely to be a threat to the person seeking to be protected or to the community in general.
Immediate Imprisonment is the sentence of last resort and will only be imposed when the seriousness and circumstances of the offence require it.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be the whole sentence (penalty) or just part of the sentence you receive for the offence. You may be handed a fine by a magistrate when found guilty of common assault.
The maximum fine for breaching a Police Order or Violence Restraining Order is: $6000.00
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with restraining order breach experience
Meet with lawyers who have successfully represented clients accused of breaching a VRO.
- Past Cases
- Good Results
- Happy Clients
