How to apply for a restraining order in Western Australia
In Western Australia, you apply for a Family Violence Restraining Order (FVRO) at the Magistrates Court of WA when the other person is a family member, or a Violence Restraining Order (VRO) where they are not. Police can also apply on your behalf, and there is no filing fee for either application.
The framework
Restraining orders in WA are governed by the Restraining Orders Act 1997 (WA). FVROs relate to family members under section 4 of the Act; VROs apply to non-family acts of personal violence. Applications are heard in the Magistrates Court of Western Australia.
The process
Identify which order you need
If the person is a family member (spouse, de facto, relative, child, household member) apply for an FVRO. If they are not, apply for a VRO. Non-violent harassment may fit a Misconduct Restraining Order instead.
Consider police action first
If you are in immediate danger call 000. WA Police can apply for a police order that operates for up to 72 hours, or apply for a restraining order under the Restraining Orders Act 1997 (WA) on your behalf.
Gather information and evidence
List the incidents with dates, locations, what happened, and any witnesses. Collect messages, photos, medical reports, and any prior police reports. Clear evidence strengthens your application.
Complete the application form
Complete the Application for Restraining Order form available from the Magistrates Court of WA. Name the person bound, describe the grounds under the Restraining Orders Act 1997 (WA), and specify the conditions sought.
Lodge at the Magistrates Court
Lodge the application at any WA Magistrates Court registry. There is no filing fee for FVRO/VRO applications. The registry will assign a date for an ex parte hearing.
Attend the ex parte hearing
The first hearing is typically held without the respondent present. If the magistrate is satisfied on the material that an order should be made, an interim order is granted under the Act.
Arrange service
Once an interim order is made, it must be served on the respondent personally before it takes effect. WA Police usually handle service free of charge.
Respondent may object
The respondent has 21 days from service to object to the interim order. If they object, the matter proceeds to a final order hearing where both parties give evidence.
Attend the final order hearing
At the hearing, the applicant must satisfy the court that an order is appropriate under section 10A (FVRO) or section 11A (VRO) of the Restraining Orders Act 1997. Legal representation or a support person is permitted.
Understand the order and breaches
Final FVROs and VROs can run for up to 2 years (longer in some cases). Breaching a restraining order is a criminal offence under section 61 of the Restraining Orders Act 1997 (WA). Report any breach to police immediately.
Forms and templates
- Application for Restraining Order (FVRO/VRO)
- Police Order (72-hour, police issued)
Common mistakes
- Choosing VRO when the relationship is actually a family relationship
- Not providing specific incident dates
- Missing the 21-day objection or final hearing dates
- Not serving the order via police
- Not reporting breaches immediately
Get this process right with Quillio
Quillio can help you draft a clear chronology of incidents and structure your grounds under the Restraining Orders Act 1997 (WA). See /practice-areas/family-lawyers or start a free trial.
This guide is general information, not legal advice. Contact Women's Legal Service WA, Legal Aid WA, or 1800RESPECT on 1800 737 732 for confidential advice.
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