There are occasions when someone in your community presents disruptive, offensive or destructive behaviour towards you. You are able to apply to the Court for a Misconduct Restraining Order (MRO) against this person, provided they are not a family member. This type of MRO cannot be used for people who are in, or have previously been in a relationship.
A Misconduct Restraining Order is made by the Court to restrain a person (the person bound) from breaching the peace of another person (the person protected). It remains in force for the period stated in the order. If there is no time stipulation, then it is for one year from when the order was served.
A breach of peace is a legal term that describes disruptive or disorderly behaviour such as:
- Regularly yelling or shouting in public;
- Protesting in a way that prevents people from carrying out their work; or
- Intimidating people who are trying to enter or use a public space
An MRO makes it unlawful for a person to do certain things to ensure that they stop their dangerous, intimidating or offensive behaviour.
How to Apply for a Misconduct Restraining Order
- Seek legal advice – It is important that you seek legal advice before applying for the restraining order to be informed on the process
- Go to your nearest Magistrates Court and ask the registry for a form
- Once the form is filled there will be a fee to pay
- Once this is completed, you will be given a Court date. This is the mention hearing you are required to attend if you want to continue with your application
In making an MRO, the Court places importance on the following two points:
- Protecting the applicant from the respondent’s intimidating and offensive behaviour;
- Protecting the applicant’s property
In addition to the list above, the Court will also look at:
- Children’s wellbeing
- Where the respondent and applicant have to live
- Hardship that may be caused to the respondent if the order is made
- Any other legal proceedings the respondent or applicant are involved in
- The criminal record of the respondent
- Whether the respondent has ever acted in a similar way in the past to any person
- Anything else the Court thinks is relevant
Here at Joss Legal, we provide advice on how to apply for a Misconduct Restraining Order and also provide advice on challenging a Misconduct Restraining Order. If you require any assistance on a matter, please do not hesitate to contact our offices on lawyers@josslegal.com.au or (08)6559 7480.