Is breaching a restraining order a criminal offence in WA?

Yes. Although the order itself is civil, breaching an FVRO, VRO, MRO or Police Order is a criminal offence under the Restraining Orders Act 1997 (WA).

What is the maximum penalty for breaching an FVRO in WA?

Up to a $10,000 fine and/or 2 years imprisonment. Repeat breaches can attract higher penalties.

Can I go to jail for one breach of a restraining order?

Imprisonment is the maximum penalty, not the automatic outcome. Whether a breach leads to a fine, a community-based sentence or imprisonment depends on the seriousness, the history, and the circumstances.

The protected person contacted me first — am I still guilty of breaching the order?

Potentially, yes. The order restrains your conduct. Responding to contact initiated by the protected person can still be a breach. Apply to vary or cancel the order rather than relying on their contact.

Does a breach of a restraining order give me a criminal record?

A conviction for breaching a restraining order is a criminal conviction and can appear on a criminal record, with consequences for employment, travel and licensing.

Breaching a Restraining Order in WA: Penalties and Consequences

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.

Key facts at a glance

FVRO / VRO / Police Order breach: up to a $10,000 fine and/or 2 years imprisonment
MRO breach: a fine of up to $1,000
Repeat breaches: higher penalties apply under section 61A
Arrest: police can arrest without a warrant for a suspected breach
The order being "unfair" is not a defence

What counts as a breach?

A breach is doing anything the order prohibits:

contacting the protected person by phone, text, email or social media
approaching or attempting to approach them
going to their home, workplace, or other restrained locations
getting another person to pass on a message
being in possession of a firearm when the order prohibits it

Even a single text message saying "I just want to talk" can be a breach if contact is prohibited.

What are the penalties?

Order breached	Maximum penalty
FVRO	$10,000 fine and/or 2 years imprisonment
VRO	$10,000 fine and/or 2 years imprisonment
Police Order	$10,000 fine and/or 2 years imprisonment
MRO	$1,000 fine

Repeated breaches attract higher penalties under section 61A of the Act.

Can the protected person "allow" contact?

This is a common and dangerous misunderstanding. The order binds the respondent, not the protected person. If the protected person initiates contact and the respondent responds, the respondent can still be charged with a breach. The safe and lawful path is to apply to vary or cancel the order.

What should I do if accused of breaching an order?

Do not contact the protected person again.
Get legal advice immediately.
Write down what happened while it is fresh.
Comply strictly with the order going forward.

What should I do if someone breaches an order protecting me?

If you are in immediate danger, call 000.
Report every breach to police.
Keep evidence — screenshots, voicemails, photos, dates and times.