Stalking is a serious criminal offence in Western Australia identified by the pursuit of another person with the intent to intimidate them. The offence carries consequences that include fines or jail time. However, the burden of proof is on the prosecution, and the experienced experts at WN Legal understand what is necessary to defend these…
I need help! I have been assaulted/ someone has said (or done) something that affected me! Where do I go, and what do I do now? Under the right circumstances, and with the right facts, the Court offers protection to victims of abuse. The Restraining Orders Act (1997) WA (‘Restraining Orders Act’) states that…
What is the difference between a Violence Restraining and a Misconduct Restraining Order? You will need to satisfy different criteria/elements in a violence restraining order as compared to a misconduct restraining order. In basic terms, a violence restraining order has a more ‘stringent set of elements as compared to a misconduct restraining order. However, if…
There are many factors that can affect the sentencing process and the range of likely sentencing outcomes. During Sentencing, the Court Considers the Following Factors: The prior good character of a person; The circumstances of offending; The aggravating factors; The mitigating factors; The seriousness of offending. The insight of the offender; Whether the offender shows…
The WA Police can arrest you with, or without a warrant. Most arrests by the WA Police are made without a warrant. Arrest With a Warrant A warrant for arrest is an authority from a Magistrate, Justice of the Peace or Judge for the police to arrest a particular person. The warrant must specify the…