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Restraining Orders

You can apply to have a restraining order made by the court to protect you from someone who commits family violence or personal violence against you, threatens you or your property harasses, or intimidates you, and you are concerned that it will continue.

If a person breaches the terms of a restraining order, they commit a criminal offence and may be fined or imprisoned.

There are three types of restraining orders:

Family Violence Restraining Order (FVRO)

If you require protection from a person with whom you are, or were, in a family relationship - e.g. married, de-facto partners, ex-partners, related to each other (including by culture or kinship) or otherwise in an intimate or family-type relationship.

There is no fee for applying to the Magistrates Court for a family violence restraining order.

Violence Restraining Order (VRO)

If you require protection from a person with whom you are not in a family relationship - e.g. a work colleague, friend or neighbour.

There is no fee for applying to the Magistrates Court for a violence restraining order.

The fact sheet will guide you through the court procedures which need to be followed when seeking a restraining order.

Misconduct Restraining Order (MRO)

If you require a person that you are not in a family relationship with to be restrained from -

  • behaving in a way that could be considered to be intimidating or offensive;
  • damaging your property; or
  • breaching the peace.

The fact sheet will guide you through the court procedures which need to be followed when seeking a restraining order.

For fees charged in relation to misconduct restraining order proceedings, see Fees.

National Domestic Violence Order Scheme

On 25 November 2017, the National Domestic Violence Order Scheme commenced. From this date, every new family violence restraining order and police order will be automatically recognised and enforceable across Australia. If your restraining order (of a domestic nature) was issued before 25 November 2017, you can choose to have it declared a nationally recognised order so that you are protected across Australia. 

However, if you are not planning to travel to or live within another state or territory, you may choose not to declare your order. You will remain protected in WA. For further information about how this Scheme impacts restraining orders made in the Magistrates Court see the National Domestic Violence Order Scheme documents.

For further information on the National Domestic Violence Order Scheme in Western Australia please see the Department of Justice website.

Other agencies which may be of assistance include;

For further information contact your closest Magistrates Court Registry.

Last updated: 13-Dec-2017

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