Restraining orders are an important legal tool in Australia designed to protect individuals from violence, threats, harassment or intimidation. They can help provide a sense of safety and security when someone’s behaviour becomes concerning or dangerous. One of the most common questions people ask our family lawyers when considering applying for one is: how long does it take to get a restraining order?
The answer depends on a range of factors, including the urgency of the situation, the type of restraining order you’re seeking, and whether the police or an individual applies for it. Understanding the process and what to expect can help you feel more confident and prepared when taking this important step.
How Long Does It Take To Get A Restraining Order?
In Western Australia, the time it takes to get a restraining order varies depending on the specific circumstances. If there is an immediate threat to your safety, the court can issue an interim restraining order very quickly, sometimes on the same day. In other situations, where there isn’t an urgent risk, the process can take several days, weeks, or months as the court assesses the evidence and hears from both parties.
Restraining orders can be made for varying durations, often lasting up to two years, though they can be extended if necessary. The key factor influencing the timeline is the urgency of your situation and whether the application is supported by the police or made privately. Having legal guidance from an experienced VRO lawyer can help ensure your application is complete and presented correctly, reducing delays and increasing your chance of success.
When To Consider Getting A Restraining Order
It’s important to consider applying for a restraining order if someone’s behaviour towards you or your family causes you to feel unsafe, intimidated, or harassed. This might include situations where there has been physical violence, threats of harm, stalking, emotional or verbal abuse, or property damage. In many cases, the behaviour escalates over time, so taking early legal action can prevent further harm.
Restraining orders aren’t limited to romantic or family relationships. They can also apply to neighbours, colleagues, friends, or acquaintances. The main consideration is whether the behaviour is causing you to fear for your safety or wellbeing.
If you’re unsure whether your situation meets the threshold for a restraining order, speaking with an experienced Perth VRO lawyer can help clarify your options. Hickman Family Lawyers regularly assists clients in assessing whether an order is appropriate and provides advice on what evidence to include in your application. Acting early can help protect you and your loved ones and ensure the matter is taken seriously by the court.
Who Can Apply For A Restraining Order?
In Western Australia, several types of restraining orders can be applied for, depending on the relationship between the parties and the nature of the behaviour. Adults can apply for a restraining order directly, and in some cases, parents or guardians can apply on behalf of a child.
There are three main types of restraining orders in WA:
- Family Violence Restraining Orders (FVROs) – for protection from family members, partners, or ex-partners.
- Violence Restraining Orders (VROs) – for protection from someone you are not in a family relationship with, such as a neighbour or co-worker.
- Misconduct Restraining Orders (MROs) – for cases involving offensive or intimidating behaviour that doesn’t involve violence or threats.
Police can also apply for restraining orders on your behalf, particularly in urgent or high-risk situations. Understanding which order is appropriate can help ensure your application is processed efficiently. Seeking advice from a lawyer experienced in family and restraining order matters can make the process smoother and help you avoid common mistakes that can delay your application.
Will My Application Be Heard In Court On The Same Day?
In some urgent cases, yes, your application can be heard on the same day it’s filed. This usually occurs when there is an immediate risk of harm or violence, and the court determines that an interim order should be made right away.
If you file your application in person at the Magistrates Court, you can request that it be treated as urgent. The registrar will assess your situation, and if there’s sufficient evidence of immediate danger, a magistrate may hear your case that day and issue an interim restraining order on the spot.
However, not all applications are dealt with immediately. In less urgent cases, the matter may be scheduled for a later date, often within a few weeks. During this time, the court may issue a summons for the respondent to attend a hearing. Having your documentation and evidence clearly prepared can help your case move more efficiently.
Working with an experienced VRO lawyer can make this part of the process less stressful. They can help you present your application effectively, provide supporting statements, and ensure you meet the court’s requirements, improving the chances of a swift outcome.
How Long Does It Take To Get A Police Restraining Order?
Police restraining orders (PROs) can be issued very quickly, often within hours. When police are called to a domestic or violent incident, they have the authority to issue a temporary restraining order if they believe there’s a risk of ongoing harm or intimidation.
This type of order provides immediate protection and usually remains in effect for 72 hours. During this period, the police may apply to the court for an interim or longer-term order on your behalf. The process ensures that victims of family or domestic violence have immediate legal protection, even outside court hours or on weekends.
A PRO is an effective short-term safeguard, but it’s important to follow up with a more permanent restraining order if ongoing protection is needed. VRO lawyers often assist clients with this next step, ensuring that evidence gathered by the police is included in your court application and that the transition from a temporary to an interim or final order happens smoothly.
How Long Does It Take To Get An Interim Restraining Order?
An interim restraining order can often be obtained quite quickly, particularly if your situation involves threats, violence, or harassment. If the court determines there’s a genuine and immediate risk to your safety, it can issue an interim order on the same day you apply.
Once granted, the interim order remains in place until a final hearing is held. This can take anywhere from a few weeks to several months, depending on how busy the court is and whether the respondent objects to the order. If they don’t object, the interim order can often become final at the next court date.
It’s essential to provide detailed information about your situation when applying, including any incidents, threats, or evidence (such as messages, photos, or police reports). The clearer your application, the easier it is for the judge or magistrate to make a quick decision.
Legal support during this process can make a significant difference. A trusted VRO lawyer can help you prepare your affidavit, ensure all the relevant information is included, and represent you at court if needed.
How Long Does It Take To Get A Restraining Order?
The overall process to get a final restraining order can vary depending on whether it’s contested. If the respondent agrees to the order or doesn’t attend court, it can be finalised relatively quickly, sometimes within a few days or weeks. However, if the order is opposed, the matter will go through several court appearances and may take a few months before a final decision is made.
The court’s workload, the complexity of the evidence, and the availability of witnesses can all impact the timeframe. While this process can feel drawn out, interim protection remains in place until a final decision is made.
Working with an experienced VRO lawyer throughout the process can help you stay informed and supported. They’ll guide you through each step, ensure deadlines are met, and represent your interests at court hearings.
Call The Police In An Emergency
If you or someone you know is in immediate danger, call 000 straight away. The police can respond quickly and issue a temporary restraining order if required. Even if you’re unsure whether the behaviour you’re experiencing qualifies as a restraining order matter, it’s always better to err on the side of caution and seek help.
After the immediate situation has been addressed, it’s important to seek legal advice about your longer-term protection options. A lawyer can help you understand whether you need to apply for an interim or final restraining order and what evidence will support your case.
Hickman Family Lawyers can assist with every stage of this process, from initial advice to representing you in court. Taking early action can make a real difference in keeping you safe and protecting your rights.
Applying for a restraining order can be an emotionally challenging process, but you don’t have to go through it alone. The team at Hickman Family Lawyers are experienced VRO lawyers in Perth, helping individuals and families navigate the legal process with compassion and professionalism.
If you’re considering applying for a restraining order or want to understand your options, book a free 15-minute no-obligation information call today to get the guidance and support you need.
