Getting a restraining order can be a stressful thing to go through alone. Knowing what kind of restraining order to apply for, and indeed if you are eligible to apply for one, is important. We’ve put together an overview of how to get a restraining order in WA, in simple and easy to understand terms.
Are You In Immediate Danger?
The first question to ask is are you in immediate danger? If so, do not delay – call 000. Restraining orders can take a little time to put in place so if you are under an immediate threat, call the police.
Types of Restraining Orders In WA
There are several types of restraining orders available in WA. These are a Family Violence Restraining Order, a Violence Restraining Order (VRO) and a Misconduct Restraining Order.
Family Violence Restraining Orders
These are issued if you need protection from someone who you are or were in a family relationship with. This includes married and de facto relationships.
Violence Restraining Orders
These are issued if you need protection from someone who you are not in a family relationship with. This could include work colleagues, friends, or neighbours.
Misconduct Restraining Order
These are issued if you need protection from someone who you are not in a family relationship with to prevent them from damaging your property, breaching the peace, or behaving in an intimidating or offensive manner.
At Hickman Family Lawyers, we mainly deal with Family Violence Restraining Orders in the context of a relationship breakdown. We can represent you whether you are applying for the restraining order, or responding to being issued with a restraining order.
How Long Does It Take To Get A Restraining Order?
In most cases it takes around 2 hours to get a restraining order issued, so the process is quite quick. It does depend on how long the wait times are at the Magistrate’s Court when you apply.
If you are successful in applying for a restraining order, you’ll be granted an interim restraining order which will be served on the respondent by the police.
How To Get A Restraining Order In WA
You will need to prepare your application for a restraining order and attend the Magistrate’s Court. You’ll be asked questions about your application by the magistrate who will then decide whether to grant it.
The respondent is generally not present at the hearing.
If you hire Hickman Family Lawyers to help you get a restraining order, we will prepare the application for you and attend the hearing alongside you to help you achieve a successful outcome.
How Long Is A Restraining Order Valid For?
This can depend on individual circumstances. The period of validity will be specified on the restraining order once granted.
If there is no time period specified, the order applies for 2 years from the date it comes into force.
You can read more about restraining orders on the WA Magistrate’s Court website.
We can help you work out if you are eligible to apply for one, or if you have been served with a restraining order and want to know how to respond, we can also assist.