Magistrates Court of Western Australia

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.

Legal Aid Video on Family Violence

Legal Aid Factsheet for Video on Family Violence

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.

Interim Family Violence Restraining Order Guide

For further information on Family Violence Restraining Orders please refer to the Interim Family Violence Restraining Order Guide, which is a self-help guide created by Legal Aid WA, and lawyers from the South West Community Legal Centre. 

The guide provides information on the process of applying for an interim FVRO, and can provide assistance when deciding whether applying for a Family Violence Restraining Order will be the best way to keep you safe from family violence.

The Interim Family Violence Restraining Order Guide provides practical tips about filling in the Court forms, going to Court and attending the first hearing, in addition to useful "how to" videos.

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

If your initial application is not being lodged by a legal service provider on your behalf, the FVRO application must be lodged in person at any Magistrates Court Registry.

If you already have a Family Violence Restraining Order and you want to lodge a further document on that matter, such as a Restraining Order Application to Vary or Cancel, this can be done in person at a Magistrates Court Registry or through eLodgment in the eCourts Portal.

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.

If your initial application is not being lodged by a legal service provider on your behalf, the VRO application must be lodged in person at any Magistrates Court Registry.

If you already have a Violence Restraining Order and you want to lodge a further document on that matter, such as a Restraining Order Application to Vary or Cancel, this can be done in person at a Magistrates Court Registry or through eLodgment in the eCourts Portal.

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

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.

An MRO application must be lodged in person at any Magistrates Court Registry or through the Assisted Lodgment section of the eCourts Portal.

If you already have a Misconduct Restraining Order and you want to lodge a further document on that matter, such as a Restraining Order Application to Vary or Cancel, this can be done in person at a Magistrates Court Registry or through eLodgment in the eCourts Portal.

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

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.

Applications must be lodged in person at a Magistrates Court Registry or through the Assisted Lodgment section of the eCourts Portal.

Other agencies which may be of assistance include:

Western Australia Police

Department for Child Protection and Family Support

Aboriginal Family Law Services

Aboriginal Legal Service (WA)

Legal Aid (WA).

For further information contact your closest Magistrates Court Registry.

The online restraining order application service has been introduced to make it possible for people seeking the protection of a violence or family Violence restraining order to lodge their application without having to attend a Magistrates Court registry, when they are assisted by a legal service provider.

For information on applying for a restraining order without a legal service provider, select the type of restraining order from the headings shown above.

The online application is similar to the form an applicant would be required to complete if they were applying at the Magistrates Court in person.

Applications can only be lodged online through a legal service provider approved by the CEO of the Department of Justice.

The following legal service providers have been approved:

Legal Aid WA

Aboriginal Family Law Services

Community Legal Centres.

To become an approved legal service provider please complete the below registration form and send to crt-mc-managementgroupforms@justice.wa.gov.au


Last updated: 17-Jan-2023

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