Misconduct Restraining Orders (MROs)

When will the court make an MRO?

The court can make an MRO against someone (called the respondent), if they are likely to:

• behave in a way that would reasonably intimidate or offend you
• damage property that you own or possess, or
• behave in a way that is, or is likely to lead to, a breach of the peace.

If the court is satisfied that without the MRO, the respondent would be likely to do any of those things, it can only make an MRO if:

• you are not in a family relationship with the respondent, and
• having taken into account a range of factors, it is appropriate in the circumstances to make an MRO.

If you are in a family relationship with the respondent, you may be able to apply for an FVRO against them.

What is a 'breach of the peace'?

A breach of the peace is a legal term that describes disruptive or disorderly behaviour, such as:

• regularly yelling or shouting in public
• protesting in a way that prevents people from carrying out their work, or
• intimidating people who are trying to enter or use a public place. 

What restrictions can be included in an MRO?

An MRO can include whatever restrictions the court thinks are appropriate to stop the respondent from continuing the problem behaviour, such as:

• coming to or near where you live or work
• being at or near a certain place
• coming within a certain distance of you
• contacting or trying to communicate with you in any way.

If the respondent breaks any of those restrictions, they are committing a criminal offence.

Resources

• Infosheet - Misconduct Restraining Orders

Reviewed: 1 May 2020