Plain-English articles on every aspect of restraining orders in Western Australia — written by a lawyer for people navigating the process themselves.
Types of Orders
A Family Violence Restraining Order (FVRO) is a civil court order made under the Restraining Orders Act 1997 (WA) that protects a person from family violence by restraining the behaviour of a family member. It is the most common protective order in Western Australia and is dealt with in the Magistrates Court of WA.
6 min read · Last reviewed June 2026
Types of Orders
A Violence Restraining Order (VRO) is a court order under the Restraining Orders Act 1997 (WA) that protects you from violence or the threat of violence by a person you are not in a family relationship with — for example a neighbour, an acquaintance, a co-worker or a stranger.
5 min read · Last reviewed June 2026
Types of Orders
A Misconduct Restraining Order (MRO) is a court order under the Restraining Orders Act 1997 (WA) that stops a non-family member from behaving in a way that is intimidating or offensive, damages your property, or breaches the peace — where the conduct does not amount to violence.
5 min read · Last reviewed June 2026
Types of Orders
A Police Order is a short-term, on-the-spot restraining order made by a police officer under the Restraining Orders Act 1997 (WA) to provide immediate protection in a family violence situation. It does not require a court hearing.
5 min read · Last reviewed June 2026
Applying & Process
To apply for a restraining order in Western Australia, you lodge an application at any Magistrates Court of WA registry, choose whether the first hearing happens with or without the respondent present, and present evidence to a magistrate who decides whether to make an interim order. There is no court filing fee.
6 min read · Last reviewed June 2026
Applying & Process
If you have been served with an interim restraining order in Western Australia, you generally have 21 days to lodge an objection. If you do not object within that time, the interim order automatically becomes a final order — usually for 2 years.
6 min read · Last reviewed June 2026
Court Hearings
A final order hearing is the trial of a restraining order matter in the Magistrates Court of WA. It happens when the respondent objects to an interim order, and both sides give evidence so a magistrate can decide whether to make a final FVRO, VRO or MRO.
6 min read · Last reviewed June 2026
Enforcement
Breaching a restraining order in Western Australia is a criminal offence under section 61 of the Restraining Orders Act 1997 (WA). For an FVRO, VRO or Police Order, the maximum penalty is a $10,000 fine and/or 2 years imprisonment.
6 min read · Last reviewed June 2026
Enforcement
In Western Australia you can apply to vary (change), extend, or cancel a restraining order under Part 5 of the Restraining Orders Act 1997 (WA). The application is made to the Magistrates Court of WA, and in many cases the court must first give you leave (permission) before the application is heard.
5 min read · Last reviewed June 2026
Related Law
In Western Australia, a Family Court order generally prevails over a Family Violence Restraining Order (FVRO) to the extent of any inconsistency between them. Restraining orders are made in the Magistrates Court of WA, while parenting and property matters are decided in the Family Court of WA.
5 min read · Last reviewed June 2026
Types of Orders
Western Australia has three restraining orders under the Restraining Orders Act 1997 (WA). The right one depends mainly on your relationship to the other person and how serious their conduct is: an FVRO for family or intimate relationships, a VRO for violence by a non-family member, and an MRO for non-violent harassment or nuisance by a non-family member. Choosing correctly at the start avoids delays and dismissed applications.
5 min read · Last reviewed June 2026
Applying & Process
To get a restraining order in Western Australia you need to satisfy a magistrate, on the balance of probabilities, that the conduct happened and that an order is justified. The strongest applications use specific, dated, first-hand evidence — what was said and done, when and where — supported by messages, photos, records and witnesses. You do not need a criminal conviction or 'proof beyond reasonable doubt.'
6 min read · Last reviewed June 2026
Applying & Process
Your Statement of Allegations is the written account, in your own words, of what the other person did and why you need protection. It is the single most important part of an FVRO or VRO application in Western Australia, because the magistrate relies on it to decide whether the legal test is met. A clear, specific, well-structured statement gives you the best chance; a vague or rambling one undermines an otherwise strong case.
6 min read · Last reviewed June 2026
Applying & Process
Yes. In Western Australia, police can apply for a Family Violence Restraining Order (FVRO) or Violence Restraining Order (VRO) on your behalf, and in urgent situations can issue an on-the-spot Police Order to protect you immediately. When police bring the application, they run it through the court, which can take a lot of the pressure off you.
5 min read · Last reviewed June 2026
Related Law
A restraining order in Western Australia — an FVRO, VRO or MRO — is a civil order, and a final order made against you generally does NOT appear on a standard national police check. However, if you are convicted of breaching a restraining order, that is a criminal offence and will appear on your record. The distinction between the civil order and a criminal breach is the key.
5 min read · Last reviewed June 2026
Related Law
In Western Australia, a Family Violence Restraining Order (FVRO) or Violence Restraining Order (VRO) generally must include a firearms prohibition. If you are the respondent and hold a firearms licence, you will usually have to surrender your firearms and your licence for the duration of the order. This is one of the most significant practical consequences of an order.
5 min read · Last reviewed June 2026
Applying & Process
If you have been served with a restraining order in Western Australia that you believe is based on false or exaggerated allegations, you can object within 21 days and contest it at a final order hearing, where the applicant must satisfy the court the order is justified. The most important thing in the meantime is to comply with the order exactly — disagreeing with it is not a defence to breaching it.
6 min read · Last reviewed June 2026
Applying & Process
If a final restraining order was made against you in Western Australia because you did not object within 21 days, you may be able to apply to set the order aside if you had a 'reasonable cause' for missing the deadline. Separately, if a final order was made after a contested hearing, you may have a right to appeal to the District Court. Both paths have strict requirements — and the order stays fully in force unless and until a court changes it.
5 min read · Last reviewed June 2026
Applying & Process
Many restraining order matters in Western Australia are resolved without a contested final order hearing. The two main ways are an undertaking — a promise to the court that is not legally binding — and a conduct agreement order, which is legally binding but made without any admission of wrongdoing. Both can give the protected person reassurance while sparing everyone the stress, cost and uncertainty of a trial.
6 min read · Last reviewed June 2026
Related Law
A Family Violence Restraining Order (FVRO) in Western Australia restrains your conduct toward the protected person — it does not, by itself, decide whether you see your children. Decisions about who children live with and spend time with are made by the Family Court of WA, and a Family Court parenting order generally prevails over an FVRO to the extent of any inconsistency.
5 min read · Last reviewed June 2026