Paedophile Restraining Orders have their place in society. However, nothing evokes emotion more than a suggestion that an adult is hanging out near children. There obviously needs to be a fine balance between restricting the rights of adults going about their daily activities and the protection of our children. At Woods & Co Lawyers we are experienced in all aspect of Paedophile Restraining orders in South Australia. Once issued the power of the police and the restrictions upon a citizen’s freedom is significant. Please contact our legal team to assist you through the process.
What is a Paedophile Restraining Order?
A Paedophile Restraining Order is an order made by the Court, listing conditions for which a person subject to the order must comply.
The purpose of a Paedophile Restraining Order is to restrain a person from behaving in a way which arouses ‘reasonable’ apprehension or fear in a child or is inappropriate towards a child.
When is a Paedophile Restraining Order made?
The Court may make a Paedophile Restraining Order against a person if they have been found to on two or more occasions –
- Loiter near children or;
- Found to be using the Internet to communicate with children or a person whom they believed to be a child without good reason or;
- Is subject to reporting conditions under Part 3 of the Child Sex Offenders Registration Act 2006 (SA) and is found to be loitering near children or using the internet to communicate with children without good reason.
- The Court is satisfied that the making of the order is appropriate in the circumstances.
A person does not need to be charged with a criminal offence in order for police to lay an Information with respect to a Paedophile Restraining Order.
It is important to seek legal advice if you have received a Summons to attend court in relation to any restraining order.
What will the Court take into consideration?
When deciding on whether a Paedophile Restraining Order should be confirmed the Court Considers:
- Whether it is proved that a person has loitered near children or used the internet to communicate with children without good reason on two or more occasions;
- Whether a person’s behavior aroused ‘reasonable’ apprehension or fear in a child or if the person may act inappropriately towards a child;
- The person’s criminal record;
- Evidence of sexual dysfunction;
- Any apparent connection between the defendant’s behavior and the presence of children;
- Any apparent pattern in the defendant’s use of the internet (if any) to contact children;
- Any other factors deemed relevant.
What are the conditions of a Paedophile Restraining Order?
Where you can go
The conditions of a Paedophile Restraining Order can be broad and can restrain a person from loitering near children in any circumstances.
Your Internet Use
Conditions of an order may also restrict use of the internet including owning, possessing or using a computer or other device that is capable of being used to gain access to the internet.
If a restraining order includes conditions relating to use of the internet, police have greater powers to enter and search a person’s premises to determine whether there is any evidence to suggest the person may have contravened the restraining order.
The Court may also impose more specific conditions which may be dependent upon the individual matter and surrounding circumstances.
Whilst there are powers given to police, there are also relevant restrictions on the exercise of those powers. It is important to obtain the right legal advice to protect your rights!
What happens if I do NOT comply with a Paedophile Restraining Order?
A person who is subject to a restraining order and contravenes a term of the order may be criminally charged.
The maximum penalty for the offence of contravening or failing to comply with a restraining order is two years imprisonment.
GET ADVICE TODAY!
At Woods & Co Lawyers Pty Ltd we work to ensure our client’s rights and freedoms are upheld. The impact of a Paedophile Restraining Order can be significant and can significantly restrict a person’s day to day living. We are experienced in this field and we invite you to call upon us to assist you.
If you or someone you know needs advice on Paedophile Restraining Orders or any sexual offences, then give us a call today!