If someone commits violence towards you and you are concerned that it will continue and put you at risk, you can apply to have a restraining order taken out against that person.
Restraining orders can be taken out against family members, friends, and colleagues – basically anyone who commits an act of violence towards you or your children.
If you’ve experienced violence or have had a restraining order served against you, our lawyers in Perth and Joondalup will assist you in understanding the law and help you to protect yourself and your loved ones.
What is a restraining order and how does it work?
A restraining order is an order from the Court protecting a person from certain behaviour such as threats, intimidation, violence or the threat of violence, emotional abuse or stalking.
Restraining orders make it illegal for the person bound by the order to contact or approach the person protected by the order.
What is family and domestic violence?
Family and domestic violence can take various forms and is not limited to just physical harm or injury.
The Restraining Orders Act 1997 (WA) provides a number of examples of behaviour that may constitute family violence, as follows:
- an assault against the family member;
- a sexual assault or other sexually abusive behaviour against the family member;
- stalking or cyber stalking the family member;
- repeated derogatory remarks against the family member;
- damaging or destroying property of the family member;
- causing death or injury to an animal that is the property of the family member;
- unreasonably denying the family member the financial autonomy that the member would otherwise have had;
- unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or a child of the member, at a time when the member is entirely or predominantly dependent on the person for financial support;
- preventing the family member from making or keeping connections with the member’s family, friends or culture;
- kidnapping, or depriving the liberty of, the family member, or any other person with whom the member has a family relationship;
- distributing or publishing, or threatening to distribute or publish, intimate personal images of the family member; or
- causing any family member who is a child to be exposed to behaviour referred to above.
Are there different types of restraining orders?
There are 3 types of restraining orders.
- Family Violence Restraining Orders (FVRO)
- Violence Restraining Order (VRO)
- Misconduct Restraining Order (MRO)
FVROs apply in circumstances where the parties are members of a family and are designed to stop future acts of family violence by one person against another person.
VROs and MROs apply in circumstances where the parties are members of a family. VROs are designed to stop future acts of personal violence by one person against another person. MROs are designed to stop a person behaving in a way that is intimidating or offensive towards another person.
How do you get a restraining order?
An application for a restraining order can be made by the person seeking protection or in some cases by another person on behalf of that person.
The person seeking protection can choose whether or not to have the application heard in absence of the other party.
Once an application for a restraining order is made, the Court will fix a date for the hearing of the application.
Can you contest a restraining order?
When an interim restraining order is made, the person bound by the interim restraining order has 21 days within which to object to the interim restraining order failing which the interim restraining order will be made final.
If the person bound by the interim restraining order has objected to the interim restraining order, the Court will fix a date for a trial to determine whether or not the interim restraining order should be made final for up to 2 years.
What happens when you breach a restraining order?
A person who breaches a restraining order commits a criminal offence.
The penalty prescribed by the Restraining Orders Act 1997 (WA) for breaching a restraining order is a fine of $6,000 or imprisonment for 2 years, or both.
How can CS Legal help me with restraining orders?
Our team of Perth and Joondalup lawyers can assist you with understanding how to best deal with a restraining order.
We will seek the best outcome for you to ensure the matter is dealt with quickly and effectively, giving you peace of mind for your future.
If necessary we can work with you to negotiate settling the matter with the other party and can also attend a Final Order Hearing.