Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised and confidential legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

WA Harassing Defendants - Ground for a Restraining Order?

Discussion in 'Criminal Law Forum' started by Grantj, 17 May 2016.

  1. Grantj

    Grantj Active Member

    16 May 2016
    Likes Received:

    A plaintiff has issued a writ of defamation to 16 people and is serving it himself, harassing and antagonising the defendants as he goes. Most of them are women.

    Is this grounds for putting a restraining order on him?

    Thanks in advance.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi Grantj,

    In Western Australia a misconduct restraining order (MRO) is available to protect persons from someone else who is behaving in a way that is intimidating or offensive towards them or causing damage to their property or acting in a way that may lead to a breach of the peace.

    A misconduct restraining order can only be used in situations where the person perpetrating the wrongs is not a family member or related to you. In order to successfully obtain an MRO you need to show that the other person is acting in a way that could reasonably make you fee intimidated or offended and would in fact actually intimidate or offend you or cause damage to your property or act in a way that is or may lead to a breach of the peace (which may include regular screaming or shouting in public, protesting in a way that prevents people carrying out their work, intimidating people who are trying to use a public open space). It is up to the court as to wehther it thinks such an order would be appropriate in the circumstances. screaming and shouting in a public place.

    You may also wish to initiate an application to have him declared a vexatious litigant. Here is a link to the Act which gives the court power to deal with vexatious litigants. VEXATIOUS PROCEEDINGS RESTRICTION ACT 2002 - SECT 4
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page