Hi there. A violence restraining order (VRO) is an order obtained from a court that requires an individual to stay away from certain people or stop behaving in a certain way towards certain people. A VRO can be obtained between family members for the purpose of avoiding family violence. Family violence includes emotional, physical, sexual and psychological abuse.

The person subject to a VRO is required by law to follow the terms of the order. If the person does something the order says they cannot do, the person will be in breach of the order. It is a criminal offence for breaching a VRO. The penalties for this offence are a fine of up to $6000 and/or imprisonment for up to two years.

If you are subject to a VRO that prohibits you from spending time or communicating with your son’s father, and you have breached the order by engaging in this prohibited conduct, then you may be charged with a criminal offence. It will be up to the court to consider the seriousness of the breach and, in light of all the circumstances of your case, whether to impose a penalty, and what that penalty should be.

If your son’s father, as the protected person under the VRO, was involved in the breach, the court may decide to alter the terms of the original VRO.

Suggested way forward

Although it appears that your hearing date may have passed, you should consider speaking to a lawyer who can fully advise you of your legal rights and the best way to protect them. 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.