Restraining orders play a vital role in protecting individuals and families from abuse, threats, harassment, and violence in Australia. They are a legal tool designed to ensure personal safety and peace of mind for those facing harmful or intimidating behaviour from others, often within a family or domestic setting.
But what is a restraining order? Whether you’re seeking protection or have been served with an order, understanding how restraining orders work is essential for navigating the legal process effectively.
What Is A Restraining Order?
A restraining order is a court order that limits or prohibits one person (the respondent) from contacting or approaching another person (the applicant or protected person). Restraining orders are used to prevent behaviours such as harassment, intimidation, threats, or physical violence. These orders are intended to provide a legal safeguard for individuals who feel unsafe or threatened, particularly in situations involving family violence or domestic abuse.
In Australia, the laws governing restraining orders vary slightly between states and territories, but the purpose remains the same—to protect individuals from further harm.
In Western Australia, restraining orders fall into different categories, including Family Violence Restraining Orders (FVROs), Violence Restraining Orders (VROs), Misconduct Restraining Orders (MROs), and Interim Orders. Each serves a specific purpose, depending on the nature of the relationship and the conduct in question.
The Different Types of Restraining Orders In Australia
There are several types of restraining orders available in Western Australia, each addressing different forms of behaviour and relationships:
Family Violence Restraining Order (FVRO)
An FVRO is designed to protect individuals from violence, threats, stalking, emotional abuse or other harmful behaviour by a family member or someone with whom they have a domestic relationship. This includes current or former partners, spouses, children, or relatives. FVROs can also be used to protect children who may be affected by family violence.
To obtain an FVRO, the applicant must demonstrate that family violence has occurred and is likely to occur again. The court prioritises the safety of the applicant and any children involved. FVROs can include conditions such as preventing the respondent from coming near the home, workplace or school of the protected person.
Violence Restraining Order (VRO)
A VRO applies when the people involved are not in a family or domestic relationship. This type of order is suitable for situations where violence, threats, or stalking occurs between neighbours, acquaintances, colleagues or others. Like the FVRO, the applicant must show that personal violence has occurred or is likely to happen.
VROs are commonly sought in cases where someone feels threatened or harassed by someone outside of their immediate family or household. The court will consider the behaviour and the likelihood of future incidents when deciding whether to grant the order.
Misconduct Restraining Order (MRO)
An MRO is issued in cases where the behaviour does not meet the threshold for violence but still causes fear, anxiety or disruption. Examples might include public disturbances, verbal abuse, or ongoing harassment that does not involve physical violence.
MROs are generally used to resolve disputes between individuals who do not have a close personal or family relationship, such as neighbours or business associates. The court will assess whether the behaviour is unreasonable and whether the order is necessary to prevent further misconduct.
Interim Restraining Orders
An interim restraining order is a temporary order granted before the court makes a final decision. It provides immediate protection while the matter is being reviewed. These are often issued on an urgent basis when the court believes there is an immediate risk to the applicant’s safety or wellbeing.
An interim order has the same legal effect as a final order but remains in place until a final hearing is held. At that point, the court decides whether to dismiss the application or make the order permanent.
What Does a Restraining Order Do?
A restraining order places specific legal restrictions on the respondent’s behaviour. These conditions are intended to protect the applicant from harm, fear or ongoing harassment. The precise conditions depend on the circumstances of each case but commonly include:
- Prohibiting the respondent from contacting or approaching the applicant in any way
- Preventing the respondent from going near the applicant’s home, workplace or school
- Prohibiting the respondent from possessing firearms or other weapons
- Preventing third-party contact or indirect communication
Breaching a restraining order is a criminal offence in Western Australia. If the respondent disobeys any of the conditions, they may face arrest, fines or imprisonment. This reinforces the seriousness of the order and the importance of complying with all court directives.
Restraining orders are not criminal convictions in themselves, but a breach may result in criminal charges. If children are involved, the court may also make parenting orders or contact orders to ensure their safety and wellbeing.
It’s important to note that restraining orders are about prevention rather than punishment. They are designed to give the protected person confidence to live without fear, while clearly setting boundaries for acceptable behaviour.
Who Can Apply for a Restraining Order?
In Western Australia, anyone who believes they are at risk of violence, abuse, intimidation or harassment can apply for a restraining order. This includes:
- Individuals in a domestic or family relationship (for an FVRO)
- People who have been threatened or harmed by someone they are not related to (for a VRO)
- People experiencing non-violent misconduct (for an MRO)
- Parents or guardians applying on behalf of a child
There is no requirement for physical harm to have occurred—a threat, pattern of harassment or emotional abuse can be enough to justify an application, depending on the circumstances.
In family violence cases, the court gives particular attention to vulnerable parties such as children, elderly individuals, or those with disabilities. The court also considers previous incidents and the likelihood of future risk.
Applicants can make their application directly through the Magistrates Court, and police officers can also apply for a restraining order on someone’s behalf if they believe there is an imminent threat. In urgent situations, an interim order may be issued the same day.
Legal advice is strongly recommended to help applicants understand their rights and obligations. At Hickman Family Lawyers, we support clients throughout the process to ensure they are protected and fully informed.
How Do You Apply for a Restraining Order in Western Australia?
Applying for a restraining order in Western Australia typically involves the following steps:
- Filing an Application – You can apply at your local Magistrates Court. The application will require you to detail the incidents of violence, threats, or misconduct that led you to seek protection. It is crucial to be as specific as possible.
- Initial Court Appearance – Once the application is submitted, you’ll attend a hearing where the Magistrate may grant an interim order, especially if there is an urgent need for protection. In some cases, the respondent may not be present at this initial stage.
- Serving the Order – If an interim order is granted, it must be served to the respondent. This is usually done by the police, and the order takes effect once the respondent is notified.
- Final Hearing – A full hearing is later scheduled where both parties can present their case. The court will then decide whether to make the order final, modify it, or dismiss it.
Throughout this process, it’s advisable to have legal representation. An experienced family lawyer can help prepare your application, gather supporting evidence, and advocate for your safety in court. At Hickman Family Lawyers, we offer caring, professional family law advice and support tailored to your circumstances.
What Should You Do if You Are Served With a Restraining Order?
Being served with a restraining order can be distressing and confusing. It’s important to understand that receiving an order does not mean you have been found guilty of any wrongdoing—it is a protective measure, not a criminal conviction.
Here’s what you should do if you are served:
- Read the Order Carefully – Make sure you understand all the conditions, including what you are prohibited from doing and where you cannot go.
- Comply Immediately – Even if you disagree with the order, it is crucial to comply with its terms. Breaching it can result in serious legal consequences, including criminal charges.
- Seek Legal Advice – Contact a family lawyer immediately to discuss your options. You have the right to challenge the order at the final hearing and present your side of the story.
- Prepare Your Defence – With the help of your lawyer, you can gather evidence, such as texts, emails, or witness statements, to contest the claims made against you.
- Attend All Hearings – Missing a court date can result in the order being made final by default. Make sure you are present and prepared.
At Hickman Family Lawyers, we assist clients in responding to restraining orders with dignity and legal expertise. Whether you want to contest a restraining order or negotiate suitable terms, our team is here to help.
Restraining orders can have a significant impact on your life and your relationships, so it’s important to approach the process with knowledge and the right legal support. Whether you’re seeking protection or need to respond to an order served against you, Hickman Family Lawyers is here to guide you every step of the way. If you need advice, speak to our trusted VRO lawyers in Perth today. We offer a free 15-minute, no obligation information call to help you understand your options and take the next step with confidence.
