Can I get an FVRO with no physical evidence?

Yes. Your own sworn account can be enough if the magistrate accepts it, especially in FVRO matters where the evidence rules are relaxed. Supporting material strengthens your case but is not always essential.

Do I need police reports to get a restraining order?

No. Police involvement helps but is not required. Many orders are made on the protected person's own evidence and supporting documents.

Are text messages and screenshots allowed as evidence?

Yes. Messages, emails and screenshots are commonly used. Keep them complete and in context — including dates and the full thread rather than isolated lines.

Can I record the other person to use as evidence?

Be careful. WA has strict laws about listening devices and surveillance, and unlawfully obtained recordings can cause problems. Get legal advice before recording or relying on a recording.

What's the difference in evidence rules between an FVRO and a VRO?

In FVRO applications the court may inform itself as it thinks fit and can accept hearsay. In VRO applications the strict rules of evidence apply, so how you present evidence matters more.

What Evidence Do You Need for a Restraining Order in WA?

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."

Key facts at a glance

Standard of proof: the balance of probabilities (more likely than not)
FVRO evidence rules: the court may inform itself as it thinks fit, so it can accept evidence (including hearsay) that strict rules would exclude
VRO evidence rules: the strict rules of evidence apply
Best evidence: specific, first-hand, dated accounts plus supporting documents
Useful tool: an incident log to capture events as they happen

What kind of evidence helps?

Think in two layers: your own account, and material that supports it.

Your account. A clear, chronological description of what happened — dates, times, places, and exactly what the respondent said or did. Specifics ("on 3 March at about 8pm he sent 14 messages and waited outside my house") carry far more weight than generalisations ("he's always harassing me").

Supporting material, where you have it:

text messages, emails, voicemails, social media messages and call logs
photographs of injuries, damaged property or the person being where they shouldn't be
medical records or a GP note about injuries or their effect on you
police incident or report numbers
CCTV or doorbell-camera footage
diary entries or notes made at the time
names and statements of witnesses who saw or heard events first-hand

Why a "pattern" matters now

Since the 2024 amendments to the Restraining Orders Act 1997 (WA), family violence expressly includes a pattern of behaviour that coerces, controls or causes fear — not just single violent incidents. This means evidence of repeated conduct that looks minor in isolation (constant messaging, monitoring, financial control, put-downs) can matter a great deal when shown together. Capture the pattern, not just the worst single event.

How to organise your evidence

Magistrates have limited time, so organised evidence is persuasive evidence. A simple approach:

Keep an incident log. For each incident, record the date, time, location, what happened, who was present, and any evidence (e.g. "screenshot saved", "photo 4"). Updating it as events happen is far more reliable than reconstructing months later.
Number your documents and refer to them in your statement so the magistrate can find them quickly.
Put events in order — a timeline is easier to follow than a pile of screenshots.
Keep originals safe and bring copies to court.

What evidence is NOT helpful

vague claims with no dates or detail
opinion and argument instead of facts ("he's a narcissist")
long, irrelevant relationship history that doesn't go to the conduct or the risk
second-hand gossip with no first-hand source (less of an issue in FVRO matters, but still weak)
anything obtained unlawfully — get advice before relying on recordings, as WA has strict surveillance and listening-device laws

For respondents: evidence works both ways

If you are responding to an application, the same principles apply. Gather messages, records and witness accounts that give context, contradict specific allegations, or show the relationship differently. Focus on the specific incidents alleged rather than attacking the other person generally.