What You Can Do If You Are Served With A Restraining Order

What You Can Do If You Are Served With A Restraining Order

by Criminal Law

When someone has been the victim of harassment, inappropriate behaviour, or violence, they can apply to the police or to a court for a restraining order. Restraining orders are matters that criminal lawyers have to deal with. both in representing the person applying for them, and for clients who are subject to one, and who may wish to appeal against it.

The basics of a restraining order are that they can help prevent someone from committing unacceptable or even criminal acts against another individual, by putting in place limits with respect to what they are allowed to do.

There are three forms of restraining order which exist, and these can be applied depending on the nature of the unwanted or inappropriate behaviour which is taking place. The three types are a Family Violence Restraining Order (FVRO), a Violence Restraining Order (VRO), and a Misconduct Restraining Order (MRO).

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Is Compulsory Rehabilitation The Way To Defeat Drug Crime?

by Criminal Law

Millions of words have been written and thousands of hours of discussion have taken place in relation to drug crime, drug use, drug addiction such as ice addiction and the solutions to them. Within those, there will subjects raised such as drug rehab, decriminalisation, legalisation, drug therapies and countless others which all seem a way of reducing dependency on drugs and the crimes which are committed both in regard to selling drugs and as a result of someone taking drugs.

As you will no doubt be aware, as yet no one solution has been put into action in any part of the world which has successfully eradicated the use and the supply of illegal drugs. That includes both those countries where the penalty for breaking drug laws is extreme, and also those where the attitude to drugs is one where decriminalisation is the norm. It seems neither the hard-line approach nor the softer approach is entirely effective.

When looking at some of the specific solutions that have been tried, one has received considerable attention, and for which there are multiple studies relating to it, is forced rehabilitation. This is a bit of a hybrid approach which combines giving an individual the opportunity to go into drug rehabilitation, but instead of them doing it voluntarily, they are forced to do so, with the alternative being them sent to prison.

Criminal Offence

2 Elements of Criminal Offence

by Criminal Law

The advice of criminal lawyers should be sought in any case where a serious offence has been committed. Even if the crime was not a serious one, having a lawyer to advise you will ensure the best result can be obtained. Most lawyers will tell you there are two elements to any criminal offence.

Prohibited conduct. This includes such things as robbing a bank, murder, assault and so on. Most people understand that there are certain types of conduct that will cause harm to others and that are against the law. Anyone who performs such conduct must be punished. If you do get charged with assault or another serious crime, you will need an experienced lawyer/ However, that brings us to the second element.

The mental element of a guilty mind or intention to commit the offence. The same offence, criminal lawyers say can be committed by a person without the intention and they can get off without punishment. For instance, if you struck someone accidentally, you would not be guilty of assault because the element of intention to strike was not there. Furthermore, if you acted in self defence, that would give you a lawful excuse for the action so you may not be charged, or punished, even if you did hit them.

Broken the Law

Have You Broken the Law?

by Criminal Law

Some people are criminals because they break the law wilfully and deliberately, however, there are many people who would not dream of breaking the law, but in fact have done so without realising it. In some cases they’ve even done it on purpose, but because it is considered ‘minor’ and they didn’t get caught, they think of themselves as law abiding citizens. Criminal lawyers would tell them that they are actually law-breakers.

Have you broken the law? Here are some laws you may not have heard of.

  • When you move into a new rental, your letterbox is jammed with the previous tenants mail. You may take it back to the Post Office at first, then you get sick of doing that and throw it away. You may even open some of it. Opening or destroying other people’s mail is against the law.
  • When you beep the horn and wave to your neighbour, you are breaking the law, which states that it is an illegal use of a warning device. Fine? $250 and 3 demerit points off your licence.
  • Did you stick your arm out of the car or even rest your elbow against the window? That too, is an office, punishable by the same as the above crime.