Hi there. A violence restraining order (VRO) is a court order requiring a person to stay away from a particular person or stop behaving in a certain way towards that person. It is designed to stop threats, property damage, violence and intimidating behaviour. A VRO application can be made by anyone who wants protection (called the applicant) or by a police officer on the applicant’s behalf.

A court will only make a VRO if the person against whom the order is sought (called the respondent) is likely to commit an act of abuse against the applicant, or make the applicant reasonably fear they will commit an act of abuse against them. The court must also think that making the VRO is appropriate in all the circumstances of the case. The respondent has the right to contest the VRO application in court.

Suing the applicant is a separate matter. To sue the applicant, the respondent would need what is called a “cause of action” (i.e. a legal basis for suing the other person). Mental anguish or mental harm is not, in itself, a cause of action. Rather, it is a type of injury that an individual may suffer as a result of another person’s negligence. If you wanted to sue the applicant for negligence, you would need to prove that the applicant owed you a duty of care, that they breached this duty by engaging in conduct that fell below the required standard of care, and that you suffered injury or loss (i.e. mental harm) as a result of the negligent conduct.

Suggested way forward

Negligence claims can be very difficult to pursue, especially ones that are rely entirely on proving mental harm. You should consider speaking to a personal injury lawyer who can fully assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.