No one deserves to feel unsafe or threatened because of someone else’s behaviour towards them.
This is why restraining orders exist.
Three types of restraining orders can be issued by the court in Western Australia. These are Family Violence Restraining Orders, Violence Restraining Orders, and Misconduct Restraining Orders. Under certain circumstances, the police also have the option to issue temporary orders. A Family Violence Restraining Order, or FVRO, prevents a person from engaging in violence against another family member.
What is Family Violence?
Section 5A of the Act (Restraining Orders Act 1997 (WA)) defines family violence. It includes violence or threats of violence by a person to a family member, as well as any other behaviour that controls or coerces the family member or causes them to be fearful.
The Act provides several examples, including behaviour such as:
- An assault
- Sexual assault or any other sexually harmful behaviour
- Stalking or cyber-stalking
- Repeated derogatory remarks
- Damaging or destroying property
- Inflicting death or injury on an animal that is part of the family
- Unreasonably deny financial autonomy
- Unreasonably withholding Financial Support
- Preventing family members from making connections
- Depriving family members of liberty or kidnapping them
- Creating intimate images
- Causing any family member who is a child to be exposed to any of the above-mentioned behaviours
What Is a Family Violence Restraining Order and What Does It Do?
A family violence restraining order is a legal order made by a court to help protect you from someone who has been violent or threatening towards you. The order can have different conditions, such as prohibiting the person from contacting you, coming near you or your home, or harming you in any way.
A family violence restraining order is one way to keep you safe from family violence. It is an offence to breach a family violence restraining order and the police can arrest the offender.
If you are granted a family violence restraining order, it is important to always keep a copy of the order with you and to call the police if the offender breaches the order.
Who Can Apply for A Restraining Order
There will always be situations in which the general rules will not apply. Contact our team of expert family lawyers if you’re unsure if you have the right to apply for a permanent restraining order. However, these are the most common applicants for a restraining order:
- Someone seeking and needing protection.
- Someone who is legally responsible for someone who requires protection.
- Online order assistance by an authorised support person/service supplier (such as a lawyer).
Applying for an FVRO
If the police have not made an application, a person can apply for an FVRO at their local magistrates’ court, filling out the application and an affidavit in support of the application (forms are available online).
The court will notify the applicant of the date and time for the hearing. The courtroom will remain closed to the public. The applicant may request that the respondent not attend. If the Magistrate is satisfied that the respondent has committed family violence against the person who seeks protection, or if there are reasonable concerns that the respondent might commit family violence, the Magistrate can issue an interim order. This temporary order is served on the respondent by the police. This temporary order lasts until a final order decision is made. However, if the respondent fails to consent or object within 21 days, the order automatically becomes a final FVRO.
If you need help lodging a FVRO get in touch with us at Burra-Robinson Family Lawyers.
Where do I find this information in the Act? Refer to sections 24A, 26 and 27, 31 and 32 of the Act.
Can My FVRO Cover My Children Too?
A FVRO can be granted for the benefit of a child if the Court is satisfied that the child was exposed to family abuse and is likely to again be exposed to this violence or if there are reasonable grounds for fear that the child will be again exposed (s 10E).
You can fill out a separate application for your children if you are a parent, legal guardian, or other responsible person.
How long can an FVRO last?
A final FVRO typically lasts for the duration specified in it or, if there is none, for two years.
See sections 16 and 17 of the Act.
What to Do If You Have Been Served with An FVRO or Application
You must object to any FVRO application made against you within 21 days. If you do not file an objection, the interim order will be finalised for a period of two years.
You can contact the court registry to get a copy of the application and the affidavit if you disagree with an application for an FRVO. If you disagree with an FVRO that has been filed in your absence, get legal advice.
Our lawyers have extensive experience handling family violence restraining orders and breach of orders in WA. If you require legal advice or representation in any legal matter, please contact Burra-Robinson Family Lawyers.