How to Get a Restraining Order in Western Australia

In Western Australia, a restraining order is an essential legal tool to protect individuals from harm, intimidation, or violence. If you feel threatened, harassed, or are experiencing abuse, knowing how to apply for a restraining order can provide the security you need. Whether you’re dealing with family violence, a volatile neighbour, or a work colleague, understanding your rights and the types of restraining orders available is crucial.

At Lotus Legal, we are here to guide you through the process and ensure that you and your loved ones stay protected. Below, we explain how to get a restraining order in WA, the different types of restraining orders, and the steps to take when seeking legal protection.

What Is a Restraining Order?

A restraining order is a court-issued directive to prevent acts of violence, harassment, or threats against a person. These orders can restrict the offender (known as the respondent) from approaching or contacting the person seeking protection (the applicant). Violating or breaching a restraining order is a criminal offence and can lead to fines or imprisonment.

Types of Restraining Orders in Western Australia

There are three primary restraining orders in Western Australia, each serving a specific purpose depending on your relationship with the respondent and the nature of the threat. These are:

1. Family Violence Restraining Order (FVRO)

A Family Violence Restraining Order (FVRO) is designed to protect individuals from family members who commit family violence. This type of restraining order applies when the respondent is a current or former partner, spouse, de facto partner, or someone else within a family relationship.

Family violence includes:

• Physical violence or threats of violence
• Emotional or psychological abuse
• Coercive behaviour aimed at controlling the victim
• Property damage, threats to pets, or financial abuse

A Family Violence Restraining Order can be sought if the respondent’s behaviour has caused fear of future violence. It can prevent them from approaching or contacting the protected person, and in some cases, the court may also prohibit the respondent from possessing firearms.

There are no fees for applying for an FVRO in WA, making it accessible for anyone facing domestic violence.

2. Violence Restraining Order (VRO)

A Violence Restraining Order (VRO) is for individuals who need protection from someone they are not in a family relationship with. This could be a neighbour, work colleague, acquaintance, or even a stranger.

This type of order is applicable if the respondent has committed or is likely to commit an act of personal violence, such as assault, threats, harassment, or stalking. Like an FVRO, a VRO can restrict the respondent from coming near or contacting the applicant.

VROs are often used in cases where there is a fear of violence or harassment, but there is no familial connection. Similar to FVROs, applying for a Violence Restraining Order incurs no court fees.

3. Misconduct Restraining Order (MRO)

A Misconduct Restraining Order (MRO) is for non-violent but inappropriate or intimidating behaviour. This could involve someone behaving in a way that is offensive, causing damage to property, or disturbing the peace. An MRO is used in cases where the behaviour doesn’t meet the threshold for violence but still causes fear or disruption.

An MRO is generally applied for when the behaviour is ongoing, such as continuous harassment or intimidation from a neighbour or work colleague. It can help protect individuals by preventing further misconduct. There is a fee associated with an MRO, but it can be waived if you are experiencing financial hardship.

How to Get a Restraining Order in Western Australia

Applying for a restraining order in WA involves a clear process, and understanding the steps can make the experience less daunting.

Step 1: Determine the Type of Restraining Order

The first step in how to get a restraining order is determining the correct order for your situation. The three types mentioned above—FVRO, VRO, and MRO—are suited to different relationships and levels of threat. If you’re unsure, consulting with a family lawyer can help clarify which order is appropriate.

Step 2: Gather Evidence

Supporting evidence is crucial when applying for a restraining order. This can include:

• Incident reports from the police
• Medical records showing injuries
• Text messages, emails, or social media posts demonstrating threats or harassment
• Photos of property damage or injuries
• Witness statements

Having strong evidence ensures your application has a solid foundation, increasing the chances of it being granted.

Step 3: Lodge the Application

You can lodge your restraining order application in person at the Magistrates Court or Children’s Court (if the respondent or protected person is under 18). For family violence restraining orders, you can also lodge an application online through an authorised support service provider.

If you’re applying for a violence restraining order in urgent situations, you can seek assistance from the police, who can issue a temporary restraining order known as a police order. This police order remains in effect for up to 72 hours and offers immediate protection until a formal hearing can be scheduled.

Step 4: The First Court Hearing

In many cases, the first hearing will be an ex parte hearing, which means the respondent does not attend. The court may issue an interim restraining order, which provides temporary protection until a final order can be made.

During the hearing, the court will consider the evidence you’ve presented and decide whether the respondent poses a risk. If granted, the interim order will stay in place until the final decision is made.

Step 5: Serving the Order

Once the interim order is made, it will need to be served on the respondent by the police. The respondent then has 21 days to object. If they don’t object, the order can become a final restraining order. If they do object, a date for a final order hearing will be set, where both parties can present evidence and argue their case.

What Happens if the Restraining Order is Breached?

A restraining order is a court order, and breaching it is a criminal offence. If the respondent violates the terms of the order, they can face fines, imprisonment, or both. It’s important to notify the police immediately if a breach occurs.

How Long Does a Restraining Order Last?

A final restraining order typically lasts for two years unless the court specifies a different timeframe. In extreme cases, the court may issue a life-long order.

Do You Need a Lawyer to Apply for a Restraining Order?

While it is possible to apply for a restraining order on your own, seeking advice from a lawyer specialising in restraining orders is highly recommended. Legal professionals can help you gather the necessary evidence, guide you through the application process, and represent you in court.

At Lotus Legal, our experienced lawyers specialise in handling restraining orders and can help you take the necessary steps to ensure your protection. Whether you’re dealing with family violence, harassment from a work colleague, or threats from a neighbour, our team will work with you to secure the right protection order.

Contact Lotus Legal for Help with Your Restraining Order

If you or someone you care about feels unsafe or threatened, don’t wait—contact us today. Our legal team at Lotus Legal is ready to assist you with your restraining order application and help you stay protected. Reach out now for a consultation, and let us guide you through the process.