❓ A WA parliamentary question on notice regarding violence restraining orders, including issuance statistics, legal aspects, and consequences for false accusations. The Attorney General provides detailed answers with relevant data and legal references.
AnsweredQoN 2825Legislative Assembly
QuestionView source ↗
(2) How many violence restraining orders (including interim orders) have been issued through the Bunbury Court so far this year?
(3) Can violence restraining orders be taken out on juveniles?
(4) Can someone be granted a violence restraining order on emotional grounds, if they have not been physically harmed?
(5) Of all restraining orders issued so far this year, how many violence restraining orders were imposed on men and women separately?
(6) How many violence restraining orders were applied for this year so far in all Western Australian courts?
(7) Of those applications, how many were granted and how many were refused?
(8) Is there any compensation available for people who are served a violence restraining order which is later deemed to be the result of a false accusation?
(9) Is there any punishment for a person who makes false accusations when applying for a violence restraining order?
(10) How many violence restraining orders (including interim orders) were issued in Western Australia between:
(a) 1 January 2003 and 1 January 2004;
(b) 1 January 2004 and 1 January 2005;
(c) 1 January 2005 and 1 January 2006; and
(d) 1 January 2006 and 1 January 2007?
(3) Can violence restraining orders be taken out on juveniles?
(4) Can someone be granted a violence restraining order on emotional grounds, if they have not been physically harmed?
(5) Of all restraining orders issued so far this year, how many violence restraining orders were imposed on men and women separately?
(6) How many violence restraining orders were applied for this year so far in all Western Australian courts?
(7) Of those applications, how many were granted and how many were refused?
(8) Is there any compensation available for people who are served a violence restraining order which is later deemed to be the result of a false accusation?
(9) Is there any punishment for a person who makes false accusations when applying for a violence restraining order?
(10) How many violence restraining orders (including interim orders) were issued in Western Australia between:
(a) 1 January 2003 and 1 January 2004;
(b) 1 January 2004 and 1 January 2005;
(c) 1 January 2005 and 1 January 2006; and
(d) 1 January 2006 and 1 January 2007?
AnswerView source ↗
Answered
13 November 2007
Response time
27 days
(1) 5,802 violence restraining orders issued up until 18 October 2007 (this figure includes those taken out in the Children's Court).
(2) 289 violence restraining orders granted through Bunbury Court (this figure includes those taken out in the Children's Court).
(3) Yes.
(4) Yes but limited to an "act of family and domestic violence" as described in the
Restraining Orders Act 1997
.
(5) 4,141 on men;
1,343 on women; and
318 unknown gender. (Gender is not a mandatory data field in the courts case management information system. Data may be entered in the absence of the applicant and the name may not give a clear indication of gender.)
(6) 8,199 applications.
(7) 5,802 granted as violence restraining orders. 2,252 not granted. The difference between these figures and the total received represents applications that are still to be finalised.
(8) No compensation is available in these circumstances except where the court (at its discretion) awards costs to a party for legal representation expenses only.
(9) The provisions of the
Criminal Code
and the
Evidence Act 1906
relating to perjury apply to sworn evidence given in the restraining order process. These matters are investigated and prosecuted by police.
(10) (a) 2003 calendar year 5,610 granted applications;
(b) 2004 calendar year 5,838 granted applications;
(c) 2005 calendar year 6,899 granted applications; and
(d) 2006 calendar year 7,279 granted applications.
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(2) 289 violence restraining orders granted through Bunbury Court (this figure includes those taken out in the Children's Court).
(3) Yes.
(4) Yes but limited to an "act of family and domestic violence" as described in the
Restraining Orders Act 1997
.
(5) 4,141 on men;
1,343 on women; and
318 unknown gender. (Gender is not a mandatory data field in the courts case management information system. Data may be entered in the absence of the applicant and the name may not give a clear indication of gender.)
(6) 8,199 applications.
(7) 5,802 granted as violence restraining orders. 2,252 not granted. The difference between these figures and the total received represents applications that are still to be finalised.
(8) No compensation is available in these circumstances except where the court (at its discretion) awards costs to a party for legal representation expenses only.
(9) The provisions of the
Criminal Code
and the
Evidence Act 1906
relating to perjury apply to sworn evidence given in the restraining order process. These matters are investigated and prosecuted by police.
(10) (a) 2003 calendar year 5,610 granted applications;
(b) 2004 calendar year 5,838 granted applications;
(c) 2005 calendar year 6,899 granted applications; and
(d) 2006 calendar year 7,279 granted applications.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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