In Western Australia, the legal system provides specific mechanisms to protect individuals from violence, threats, and stalking. While “restraining order” is the common term, the Restraining Orders Act 1997 defines different types based on the relationship between the parties and the nature of the behaviour.
Navigating these laws is a critical step for anyone seeking safety or clarity on their legal obligations within the state.
Types of Restraining Orders in Western Australia
Western Australia categorises restraining orders into three distinct types. Choosing the correct application is vital, as the evidence required and the court’s criteria vary between them.
Family Violence Restraining Order (FVRO)
An FVRO is designed to protect people from “family violence” committed by a family member. This includes current or former partners, parents, siblings, or even extended family members. Under WA law, family violence is not limited to physical assault; it includes:
- Emotional or psychological abuse.
- Financial or economic abuse.
- Threats and intimidation.
- Damage to property or harm to pets.
- Coercive control that limits a person’s autonomy.
Violence Restraining Order (VRO)
A VRO is intended for situations where there is no family relationship. This applies to neighbours, colleagues, or strangers. To grant a VRO, the court must be satisfied that the person is likely to commit a personal violence offence or that their behaviour makes the applicant fear for their safety. Unlike an FVRO, the focus here is strictly on acts of personal violence or threats thereof.
Misconduct Restraining Order (MRO)
An MRO deals with behaviour that is not necessarily violent but is disruptive or intimidating. This usually involves “breach of the peace,” damage to property, or behaviour that is likely to lead to violence. These are often used in disputes between neighbours where the conduct is offensive or annoying rather than physically threatening.
How to Apply for a Restraining Order: The Process
The process for applying for an order in WA is handled primarily through the Magistrates Court. It is designed to be accessible, though legal advice is always recommended.
1. Preparing the Application
You can begin the process by visiting a Magistrates Court or, in some cases, filing through a legal service provider. You will need to complete an application form and an affidavit. The affidavit is a written statement of the facts, detailing the incidents that have caused you to seek protection. Be precise about dates, locations, and exactly what was said or done.
2. The First Hearing
Once your application is lodged, you will usually have a preliminary hearing very quickly—often on the same day. This is an “ex parte” hearing, meaning the person you are seeking the order against is not present. If the Magistrate is satisfied there is a prima facie case, they will issue an Interim Order.
3. Service of the Order
An Interim Order is not enforceable until it is “served” on the respondent. This is typically done by the Western Australia Police Force. Once served, the respondent must follow all the conditions immediately. If they do not object to the order within 21 days, the order usually becomes final.
4. The Final Hearing
If the respondent objects to the order, the matter will be listed for a final hearing. This is a more formal court process where both sides can present evidence and call witnesses. The Magistrate will then decide whether to make the order permanent or dismiss the application.
What Happens if a Restraining Order is Breached?
In Western Australia, a breach of a restraining order is a criminal offence. The police take these violations extremely seriously to ensure the integrity of the court’s protection.
Immediate Arrest and Charges
If the police have a reasonable suspicion that an order has been breached, they have the power to arrest the respondent without a warrant. The person will be charged and must appear in court. Common breaches include:
- Physical proximity (entering a restricted area).
- Sending text messages or making phone calls.
- Contacting the protected person through social media.
- Getting a third party to send messages on their behalf.
Penalties for Breach
The penalties for breaching a restraining order in WA are significant. For a first or second offence, the respondent may face heavy fines or a term of imprisonment. However, WA has a “three strikes” rule (Mandatory Sentencing).
Under the Restraining Orders Act, if a person is convicted of a third breach within a two-year period, the court is generally required to impose a term of actual imprisonment unless there are exceptional circumstances.
Summary of Restraining Order Penalties in WA
| Offence Category | Potential Penalty |
| First/Second Breach | Up to $6,000 fine or 2 years imprisonment |
| Third Breach (2 years) | Mandatory imprisonment (subject to specific criteria) |
| Breach of FVRO | Treated with heightened severity in sentencing |
The Role of Police Orders
In urgent situations where the court is closed, the WA Police can issue a Police Order. These are temporary (lasting up to 72 hours) and provide immediate protection until an application can be made in the Magistrates Court.
A Police Order can remove a person from a premises and prevent them from contacting a victim. Violating a Police Order carries the same criminal weight as violating a court-issued restraining order.
Conditions and Restrictions
The conditions of a restraining order are tailored to the specific needs of the applicant. They are not “one size fits all.” Common conditions include:
- Distance Requirements: Staying 50 or 100 metres away from the person.
- Exclusion Zones: Not entering the person’s home, workplace, or child’s school.
- Communication Bans: No contact by any means, including electronic.
- Firearm Prohibitions: In Western Australia, a restraining order typically results in the immediate suspension or cancellation of a firearms licence.
Impact on Children
When children are involved, the court must consider their best interests. An FVRO can include children as protected persons, or it can specify that the respondent is allowed contact only for the purposes of facilitating court-ordered spending time with the children.
Seeking Support in WA
If you are considering an application, several Western Australian organisations can provide help:
- Legal Aid WA: Offers information and legal advice regarding restraining orders.
- Victim Support Service: Provides support for those navigating the court system.
- Aboriginal Legal Service of WA: Dedicated support for Indigenous community members.
- Women’s Council for Domestic and Family Violence Services: A state-wide peak body for support.
| Service | Contact Method |
| Police (Emergency) | 000 |
| Police (Non-Emergency) | 131 444 |
| 1800RESPECT | 1800 737 732 |
| Legal Aid WA | 1300 650 579 |
Understanding your rights and the legal protections available is the first step in ensuring your safety. Whether you are dealing with family violence or personal harassment, the Western Australian legal system provides a structured pathway to secure a safer future.
