Understanding Family Violence Restraining Orders in WA

Family Violence Restraining Orders (FVROs) in Western Australia provide legal protection for people at risk of family violence. This comprehensive guide explains the application process, national recognition system, and important considerations for both applicants and respondents in the WA jurisdiction.

⚠️ Check Existing Orders First

Before applying for an FVRO in WA, check if you have a current domestic violence order from another state or territory. If you do, get urgent legal advice before applying for a new FVRO in WA, as national recognition may be simpler and more appropriate.

National Recognition of Family Violence Orders

A significant development in family violence protection is that restraining orders can now be nationally recognised and enforced by police and courts anywhere in Australia. This means you may not need a new order if you already have protection from another jurisdiction.

Automatically Recognised Orders

An existing family violence order will automatically apply across Australia if it:

  • Was made on or after 25 November 2017 (in any Australian state or territory, including WA)
  • Was made or varied in a Victorian court (on any date)
  • Was made in New Zealand and registered in Victoria (on any date)

Applying for National Recognition

If your existing order is not automatically enforceable in WA, you can apply for national recognition. This process may be:

  • Simpler than applying for a new FVRO
  • Quicker to process
  • Safer as it avoids re-traumatisation
  • More cost-effective

Important: Get legal advice or contact the local court where your order was originally made to determine if you need to apply for national recognition.

What is Family Violence?

Under WA law, family violence includes various forms of abuse and controlling behavior between family members:

  • Physical violence: Assault, hitting, pushing, or causing bodily harm
  • Sexual abuse: Unwanted sexual contact or sexual coercion
  • Emotional abuse: Intimidation, harassment, or causing emotional harm
  • Psychological abuse: Controlling behavior that causes mental harm
  • Economic abuse: Controlling finances or preventing economic independence
  • Threatening behavior: Causing fear through threats or intimidation
  • Coercive behavior: Controlling or dominating conduct
  • Property damage: Destroying or threatening to destroy belongings
  • Animal abuse: Harming or threatening to harm pets

Who Can Apply for an FVRO?

Several people can apply for a Family Violence Restraining Order in WA:

  • The person at risk (protected person)
  • Police officers on behalf of the person at risk
  • Family members with the person's consent
  • Authorized persons in specific circumstances
  • Child protection workers for children at risk

Types of Family Violence Restraining Orders

Interim Orders

  • Temporary protection while application is being processed
  • Can be made quickly, sometimes without respondent present
  • Provide immediate protection
  • Last until final hearing or further court order

Final Orders

  • Made after full court consideration
  • Can last up to 2 years (or longer in exceptional circumstances)
  • Include specific conditions respondent must follow
  • Breach is a criminal offense

Application Process

Steps to Apply for an FVRO

  1. Contact Police: Often the quickest way to get immediate protection
  2. Visit Magistrates Court: Apply directly at court registry
  3. Complete Application: Fill out required forms with incident details
  4. File Application: Lodge forms with court (no filing fee)
  5. Court Review: Magistrate reviews application urgently
  6. Interim Order: Court may make temporary order
  7. Service: Order served on respondent by police
  8. Final Hearing: Court hearing to decide on final order

Information Required for Application

When applying for an FVRO, you'll need to provide:

Personal Information

  • Your full name, address, and contact details
  • Date of birth and occupation
  • Details of any children who need protection

Respondent Information

  • Full name and address of the person you want the order against
  • Physical description and identifying features
  • Relationship to you
  • Employment details if known

Incident Details

  • Description of family violence incidents
  • Dates, times, and locations of incidents
  • Details of any injuries or damage
  • Names of any witnesses
  • Police report numbers if applicable

Common FVRO Conditions

Family Violence Restraining Orders typically include conditions such as:

Standard Order Conditions

  • No family violence: Must not commit any family violence
  • No contact: Cannot contact protected person directly or indirectly
  • Stay away: Must stay specified distance from protected person
  • No approach: Cannot approach or follow protected person
  • Exclusion from places: Cannot go to home, workplace, or other locations
  • No property interference: Cannot damage or interfere with property
  • Surrender weapons: Must give up firearms and weapons
  • Counseling requirements: May need to attend programs

The Court Process

First Court Appearance

  • Respondent receives court documents
  • Both parties appear before magistrate
  • Respondent can get legal advice
  • Options explained (consent, contest, negotiate)

Respondent's Options

  • Consent: Agree to order without admitting allegations
  • Contest: Disagree and have matter heard with evidence
  • Negotiate: Discuss alternative conditions

Enforcement and Breaches

Consequences of Breaching FVROs

Breaching a Family Violence Restraining Order is a serious criminal offense in WA:

  • Maximum penalty of $12,000 fine or 2 years imprisonment
  • Police can arrest without warrant
  • Criminal record consequences
  • May affect future court proceedings
  • Impact on employment and travel opportunities

Getting Legal Help in WA

Legal assistance is available through various services:

Free Legal Services

  • Legal Aid WA: 1300 650 579
  • Women's Law Centre WA: (08) 9272 8800
  • Community Legal Centres: Free legal advice in local areas
  • Aboriginal Legal Service: (08) 9265 6666
  • Duty Lawyers: Available at court for free advice

Support Services in WA

Crisis Support

  • Women's Domestic Violence Helpline: 1800 007 339
  • Men's Domestic Violence Helpline: 1800 000 599
  • 1800RESPECT: 1800 737 732
  • Lifeline: 13 11 14

Ongoing Support

  • Family and domestic violence services
  • Counseling and support groups
  • Emergency accommodation services
  • Financial assistance programs
  • Children's support services

Safety Planning

Whether applying for or responding to an FVRO, safety planning is crucial:

  • Identify safe places to go in emergencies
  • Keep important documents accessible
  • Have emergency contact numbers ready
  • Plan safe communication methods
  • Consider children's safety needs
  • Know how to contact police quickly

Interstate and International Considerations

If you're moving between states or internationally:

  • Check if your order is automatically recognised
  • Apply for national recognition if needed
  • Understand enforcement limitations overseas
  • Get legal advice about cross-border issues
  • Notify relevant authorities of address changes

📄 Download Official Information

This article is based on official WA government information about family violence restraining orders.

Download Official Guide →

Need Help with Family Violence in WA?

Family violence restraining orders are serious legal matters. Get professional advice to understand your rights and options in Western Australia.

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Legal Disclaimer

This information is for educational purposes only and should not be considered legal advice. Family violence restraining orders are serious legal matters with significant consequences. Laws and procedures may change. Always consult with qualified legal professionals for advice specific to your situation in Western Australia. If you're in immediate danger, contact emergency services on 000. DadAssist makes no warranties about the accuracy or completeness of this information.