Restraining orders in WA exist for one reason: to protect people from violence, threats, and behaviour that makes them fear for their safety. If you are in a situation where someone’s conduct is causing you genuine alarm, knowing how the system works can help you act quickly and effectively.
The Three Types of Restraining Orders in WA
Western Australia’s Restraining Orders Act 1997 (WA) provides three distinct types of protective orders. Which one you apply for depends on your relationship to the other person and the nature of the behaviour you are seeking protection from.
Family Violence Restraining Orders (FVROs)
An FVRO applies when the other person is a family member. This includes current and former spouses, de facto partners, relatives, and people you have or had an intimate personal relationship with. FVROs protect against family violence, which covers physical assault, threats, stalking, coercive control, property damage, and exposing children to any of the above.
There is no fee to apply for an FVRO. You lodge the application at any Magistrates Court registry in WA. Before 1 July 2017, family members could apply for a Violence Restraining Order. The FVRO is now the correct order for family and domestic situations.
Violence Restraining Orders (VROs)
A VRO applies when the other person is not a family member. This could be a neighbour, colleague, or someone you have had a non-domestic conflict with. To obtain a VRO, you need to show that the person has committed an act of abuse against you and is likely to do so again, or that you have reasonable grounds to fear they will.
Under section 11A of the Restraining Orders Act 1997, the court must also be satisfied that making the order is appropriate in the circumstances. Factors considered include how likely the order is to stop the behaviour and the impact on any children involved.
Misconduct Restraining Orders (MROs)
An MRO applies in situations where the behaviour falls short of physical violence but is still genuinely offensive or intimidating. This might include persistent harassment, unreasonable conduct that causes distress, or behaviour that makes a person feel unsafe. MROs have different requirements and a different fee structure to FVROs and VROs.
How to Apply for a Restraining Order in WA
The restraining order in WA application process is similar for all three types of orders. Here is what it involves, step by step.
- Prepare your application. You complete an application form specific to the type of order you are seeking. These forms are available at any Magistrates Court registry in WA or on the court’s website. You also write an affidavit, which is a written statement describing what has happened and why you need protection. Be specific. Include dates, locations, what was said or done, and any witnesses.
- Lodge your application. FVROs can be lodged in person at any Magistrates Court registry. They can also be lodged electronically through approved legal service providers. If your situation is urgent and you are at immediate risk, you can request that the court hear your application the same day.
- The interim hearing. If you request urgency, an interim hearing can take place without the other party being notified. This is called an ex parte hearing. The magistrate considers your application and affidavit. If the court is satisfied, an interim restraining order is made on the spot. This order takes effect immediately and remains in place until the final hearing.
- Service on the respondent. Once an interim order is made, the court arranges service. The respondent is given a copy of the order and a notice about the final hearing date. From the moment the interim order is served, the respondent is legally bound by its conditions.
- The final hearing. The respondent then has the opportunity to either accept the order or contest it. If they contest it, the matter proceeds to a final hearing before a magistrate. Both sides present their evidence. The magistrate then decides whether to make the order final. If the respondent does not object, the order becomes final without a full hearing. Final orders typically last for two years, though the court can grant longer terms in appropriate cases.
What Can a Restraining Order in WA Include?
The conditions of a restraining order are tailored to your specific circumstances. Common conditions include:
- Prohibiting the respondent from attending your home, workplace, or your children’s school
- Requiring no contact by any means, including phone, email, and social media
- Restricting the respondent from coming within a certain distance of you
- Preventing the respondent from accessing shared property
- Extending conditions to protect your children or other household members
The court can impose any condition it considers necessary to prevent further violence or fear of violence.
What Happens If the Order Is Breached?
Breaching an FVRO or VRO is a criminal offence under section 61 of the Restraining Orders Act 1997 (WA). The penalty is a fine of up to $6,000, imprisonment for up to two years, or both. If the respondent breaches the order, report it to police immediately and keep any evidence, such as screenshots of messages or records of contact attempts.
National Recognition of Orders
Since 25 November 2017, restraining orders made in WA are automatically recognised and enforceable across all Australian states and territories under the National Domestic Violence Order Scheme. If you travel interstate or plan to relocate, your order remains valid without needing to be registered separately in another state.
Can You Change or Cancel an Order?
Yes. Both the person protected and the respondent can apply to vary or cancel an existing order. You complete an application at the Magistrates Court registry where the order was made. Changes might be needed if your circumstances change, if the respondent is complying well and no longer poses a risk, or if conditions need to be adjusted because of changes in your work or living situation.
If you are the protected person and you want to vary the order, it is important to get legal advice first. Contacting the respondent in ways that technically breach the order can create legal complications, even if the protected person initiated the contact.
Getting Advice Before You Apply
While it is possible to apply for a restraining order in WA without a lawyer, legal advice improves your chances of a strong outcome, particularly if the matter is contested or children are involved. Our team can help you prepare your application, advise on which type of order suits your situation, and represent you at hearings.