Do you need a restraining order?

If you - the complainant, are threatened, harassed or intimidated and you are concerned that it will continue, then you can apply to have a restraining order taken out against the person concerned - the defendant.

How to apply for a restraining order

An application can be made to a police officer or a solicitor.

If the police attend your home as a result of an incident and certain criteria is satisfied an application can be requested to the attending police.

Applications can also be made at any police station. The police will obtain a signed statement from you and give further advice on the process involved including:

• your attendance in court for the application process
• service of the order against the defendant
• advice on how to report breaches of an order
• what conditions on the order are required for your protection.

Important points
You are not protected by a restraining order until the defendant has received a copy of the order. The police assign a high priority to the serving of restraining orders and, in the majority of cases they are serviced within one to two weeks, as long as the defendant can be easily located.

The police will tell you when the restraining order has been served, however, if you are worried you can contact your local police station at any time. You will need to provide your full name, date of birth and the relating court file number at the time of your enquiry.

It is an offence for the person to do any of the things the order says they must not do. This is called 'breaching' the order. You should tell the police if the person does any of these things.

 

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