Charged With Breaching a Restraining Order?
Being charged with breaching a Restraining Order is a serious matter. These offences are treated strictly by the courts, and even a single breach can result in significant penalties — including immediate imprisonment, particularly for repeat allegations.
Many breaches arise from misunderstandings, accidental contact, or urgent circumstances, rather than deliberate defiance of a court order. However, once a charge is laid, the consequences can escalate quickly without proper legal guidance.
At Perrella Legal, we have extensive experience defending clients accused of breaching Restraining Orders across Western Australia. We act promptly to protect your rights and minimise the impact of the charge on your future.
Understanding the Allegation
A breach can include:
- Direct or indirect contact with the protected person;
- Attending a prohibited location;
- Sending messages or communication through third parties; or
- Any conduct that contradicts the terms of the order.
Each case turns on the specific wording of the Restraining Order and the surrounding circumstances. Not every alleged breach meets the legal threshold required for a conviction.
How Perrella Legal Can Help
We provide strategic, practical advice tailored to your situation. Our assistance includes:
Carefully Reviewing the Order
We examine the Restraining Order in detail to determine:
- Whether it was validly made and served;
- Whether its terms were clear and capable of compliance; and
- Whether the alleged conduct actually falls within its scope.
Assessing the Evidence
We analyse the prosecution evidence to identify weaknesses, including:
- Gaps or inconsistencies in witness accounts;
- Issues with electronic or phone records;
- Whether the allegation relies on assumptions rather than proof.
Identifying Defences
Depending on the facts, a defence may be available — for example:
- The alleged breach did not occur;
- The conduct was accidental or unavoidable;
- The conduct occurred during a genuine emergency;
- You lacked the required intent; or
- The prosecution cannot prove the elements of the offence beyond reasonable doubt.
Negotiating With Police and Prosecutors
In appropriate cases, we can:
- Seek withdrawal or reduction of charges;
- Negotiate alternative outcomes; or
- Ensure matters are dealt with proportionately and fairly.
Strong Court Representation
If the matter proceeds, we will:
- Advocate firmly on your behalf in court;
- Present submissions to minimise penalties if necessary; and
- Work to avoid imprisonment wherever possible.
The Importance of Early Legal Advice
Breaching a Restraining Order can trigger mandatory imprisonment for repeat offences and may significantly affect your employment, family arrangements, and future court proceedings.
Early legal advice allows us to:
- Manage the case from the outset;
- Prevent further allegations;
- Preserve important evidence; and
- Position your matter for the best possible outcome.
Speak With a Criminal Defence Lawyer Today
If you have been charged with breaching a Restraining Order — or believe you may be at risk of being charged — do not delay.
Contact Perrella Legal today for confidential advice and experienced representation from a Perth criminal defence lawyer who understands how to protect your rights and your future.
