Misconduct Restraining Order
A misconduct restraining order can be made when someone is making trouble, being offensive or damaging property. It is also called an MRO.
You can apply in the Children's Court if it is against a child between 10 and 18 years old. Having a misconduct restraining order makes it unlawful for a person to do certain things.
For example, a person might be ordered to stay at least 100 meters away from the child or where the child lives. This is to try and stop them from continuing their behaviour.
You can also apply in the Children's Court for an order to protect a child under 18.
The person restrained is also called the respondent. If they break any of the orders, they are committing a criminal offence.
You should make a complaint to the Police. They can be charged with breaching the misconduct restraining order and have to go to court.
A misconduct restraining order against a child lasts for up to 6 months. You can apply for it to be varied, extended or cancelled.
Legal Aid - Misconduct Restraining Order
Misconduct Restraining Order Process
The court will make a date for your application to come before the court. The court will also send the respondent a summons for them to come to the court. The respondent is the person you are wanting restrained.
At the first hearing the court will check what each person wants to do. They will check the applicant still wants the misconduct restraining order. They will see if the respondent disputes it being made against them.
The court will usually list the application for a hearing on another day. You will have to arrange any witnesses you want to be at court for the hearing.
If the applicant doesn't turn up for the first hearing the court can dismiss the application. It will then be cancelled.
The respondent must be at the first court date if they dispute a misconduct restraining order being made. If they don't turn up the court can make the misconduct restraining order against them without them being there.
Application
You need to fill in an application form and submit it to the court for processing.
A fee needs to be paid when applying for a Misconduct Restraining Order.
You should also write out an affidavit and submit it with the application. The affidavit should say what the other person is doing and why you need a misconduct restraining order.
- Opens document in same window. Affidavit in Support of an Application for a Violence Restraining Order (Word)
- Opens document in same window. Affidavit in Support of an Application for a Violence Restraining Order (PDF)
- Opens document in same window. Restraining Order Affidavit - Response/Supplementary Affidavit (Word)
- Opens document in same window. Restraining Order Affidavit - Response/Supplementary Affidavit (PDF)
Making Changes to the Application
You need to fill in a form if you want to make any changes to a miscondct restraining order. The form must be lodged at the court registry. You can apply to change, extend or cancel a misconduct restraining order.
- Opens document in same window. Request for Adjournment by Consent (Restraining Order) (Word)
- Opens document in same window. Request for Adjournment by Consent (Restraining Order) (PDF)
- Opens document in same window. Restraining Order Application to Vary or Cancel (Word)
- Opens document in same window. Restraining Order Application to Vary or Cancel (PDF)
Transcripts
Witness Summons
- Opens document in same window. Witness Summons - Restraining Orders (Word)
- Opens document in same window. Witness Summons - Restraining Orders (PDF)
- Opens document in same window. Witness Summons - Restraining Orders - Oral Evidence (Word)
- Opens document in same window. Witness Summons - Restraining Orders - Oral Evidence (PDF)
- Opens document in same window. Witness Summons - Restraining Orders - Produce Record or Thing (Word)
- Opens document in same window. Witness Summons - Restraining Orders - Produce Record or Thing (PDF)
Last updated: 10 April 2024