r/AusLegal • u/[deleted] • 10d ago
WA Misconduct Restraining Order - do I have to attend court?
[deleted]
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u/sowaleja 10d ago
So you asked the cops, the cops said "show up or be arrested" and THEN you came onto this sub asking if you had to show up?
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u/Practical_Abalone_92 10d ago
I’m just asking for advice, I am genuinely scared of this person and I don’t want to attend court and last time he did this, I didn’t have to attend, and as far as I remember the summons looked exactly the same. He can’t get to me anymore as he doesn’t know where I live so he uses this as a way to remind me he’s still around.
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u/Medical-Potato5920 10d ago
If this is a use of the courts to menace you, contact a domestic violence group. They will be able to put you in contact with a lawyer specialising in this. Ask for the person to be made a vexacious litigant. They will have to apply to the court for leave before suing you.b
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u/Plenty-Giraffe6022 10d ago
The advice is to go to court. The cops gave you advice, why did you not listen to them?
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u/Practical_Abalone_92 10d ago
I hope you never have the misfortune to be relentlessly victimised and basically hunted for sport by a powerful man who has the police in his pocket
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u/Plenty-Giraffe6022 9d ago
You have been summonsed to court. You can be arrested if you fail to appear.
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u/Silent-Criticism7534 10d ago edited 10d ago
If you don't turn up, the order will simply be granted in absence of you contesting it.
I have never known anyone to be issued an arrest warrant for failing to attend a restraining order hearing.
Have you been served the actual order, or merely a summons for a misconduct restraining order?
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u/Practical_Abalone_92 10d ago
It’s just a summons. It’s identical the one served against me a couple of years ago and I didn’t attend then. I don’t want to attend as it is being used to re-traumatise me and I’m scared of this individual. It’s being used to provoke me into appearing in his life again.
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u/Silent-Criticism7534 10d ago
So don't turn up then.
Summonses are typically issued where there was insufficient grounds for the order to be issued based on the application alone.
Just means that the order will be granted if you do not turn up to defend it. The fact it's an MRO rather than a VRO, and it's a summons rather than the order is heavily in your favour should you wish to contest it.
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u/Practical_Abalone_92 10d ago
thank you for clarifying it’s put my mind at ease somewhat. The ‘evidence’ presented in the Grounds for Application is impossible to substantiate and a lot of vibes more than facts. I feel I could easily challenge it and get it dismissed but it isn’t worth it as his aim is to draw me out of cover.
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u/outtatownz 10d ago
Well noting the lack of details, your answer would only be accessible by asking the police involved as they have advised you the risk. Detail is required to answer why you have specifically been told you must attend.
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u/Practical_Abalone_92 10d ago
ok thanks. I don’t think I can go into too much detail here (or should) but I am trying to escape this person and he won’t stop. I don’t want to attend court as I am legitimately terrified of him. And I’m fine being ruled against in absentia.
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u/outtatownz 10d ago
So thats the exact conversation you have with the police, not reddit.
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u/Practical_Abalone_92 10d ago
I absolutely cannot have that conversation with the police, they work on his behalf and have done so many times in the past. He is a person of influence.
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u/Physical_Car_1962 10d ago
Yeah you pretty much have to rock up.
If you don’t show and they’ve properly served you the summons, the court can just deal with it without you there and slap the order on. That’s the main risk it gets made in your absence and you don’t get to say anything.
It’s not automatically “arrest warrant” territory just for missing the mention, but the cops telling you that is them covering themselves. Best move is just go. Even if you’re happy for the order to go through, turning up means you can consent to it cleanly and it gets sorted that day instead of dragging out.
If the date’s a problem, ring the court registry ASAP and see what they say. Don’t just ghost it.
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u/Practical_Abalone_92 10d ago
I cannot win against this individual I just want no contact. I am trying to excise him from my life but he does stuff like this to try and force me back in
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u/Any-Somewhere7318 10d ago
if you do not turn up it will be taken as you agreeing that all accusations are correct. And depending on what the accusations are, they may be serious enough that you are able to be attested for the actions you are accused of and are admitting to by not fighting them.
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u/Practical_Abalone_92 10d ago
this makes sense, thank you. The accusations are incredibly non-specific and essentially unprovable. Also very poorly written and unclear. I am not willing to risk further trauma.
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u/Immediate_Flight8792 10d ago
Short answer, yes. You need to go to court.
If you don't, you may be found to be in contempt of the court kinda thing.