What if I miss the 21-day deadline to object?

The order generally becomes final. You may be able to apply to set it aside if you had reasonable cause for not objecting in time, but the court does not have to allow it.

Will the applicant be punished for lying?

Not automatically. A costs order against the applicant is only likely if the court finds the application frivolous or vexatious, which is a high threshold. Separate consequences for false sworn statements are possible but are a different process.

Should I just consent to avoid the stress?

Some respondents agree to a Conduct Agreement Order without admissions to avoid a trial. It resolves the matter but creates a binding order. Get advice before deciding, as it has real consequences.

Do I need a lawyer to fight false allegations?

You can represent yourself, but contested hearings involving disputed facts and cross-examination are where legal help is most valuable. Legal Aid WA, duty lawyers and community legal centres can assist if cost is a barrier.

What If the Restraining Order Allegations Against Me Are False or Exaggerated?

Q: Can I get a restraining order thrown out if the allegations are false?

You can contest it. At a final order hearing the applicant must satisfy the court the order is justified. If they cannot, the application can be dismissed.

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. This guide explains your options and how to respond effectively.

Key facts at a glance

Deadline: you have 21 days from service to lodge an objection
Comply regardless: the order is binding even if you think it is unfair; breaching it is a criminal offence
Burden of proof: at a contested hearing the applicant must satisfy the court, on the balance of probabilities
Costs: an applicant generally can't be ordered to pay your costs unless the court finds the application was frivolous or vexatious
Get advice early: these matters move quickly and the stakes are high

First: do not breach the order, whatever you believe

This cannot be overstated. An interim order is legally binding from the moment it is served, even if the allegations are untrue. Breaching it is a criminal offence — and doing so hands the applicant exactly the evidence that can turn a contested civil matter into a criminal one. Do not contact the protected person, do not go to restrained places, and do not ask anyone to pass on messages, even to "clear things up."

Step 1: Get the application and supporting material

Once you object, you are entitled to copies of the applicant's written application, their sworn statement, and a transcript of the interim hearing, generally at no cost. Read them carefully so you understand exactly what is alleged before you respond.

Step 2: Object within 21 days

If you do not object within 21 days, the interim order generally becomes final without a hearing — and you lose the chance to challenge the allegations. Lodge your objection at the court registry within the deadline.

Step 3: Build a focused, factual response

Contesting false or exaggerated allegations is won on specifics, not outrage. For each incident alleged:

set out your account — what actually happened, with dates, times and places
attach evidence that contradicts or contextualises the claim — messages, call logs, location evidence, receipts, photos, or independent witnesses
where an allegation is exaggerated rather than invented, show the accurate version rather than denying everything

Avoid attacking the applicant's character generally; magistrates respond to evidence that addresses the specific allegations.

Step 4: Consider all your options

Contesting is not the only path, and the right choice depends on your goals:

Contest at a final order hearing if you want to challenge the allegations and clear the record.
Negotiate the outcome — in some matters a resolution without a contested hearing protects you from risk and cost.
Consent without admissions / Conduct Agreement Order — you can sometimes agree to an order without admitting the allegations, to avoid the stress, cost and uncertainty of a trial. This is a pragmatic option some respondents choose even when they dispute the claims, but it does create a binding order, so weigh it carefully.

What about costs against the applicant?

In FVRO matters, the court can make costs orders as it sees fit, but an applicant generally cannot be ordered to pay your costs unless the court considers the application was frivolous or vexatious. That is a high bar. Do not assume costs will follow simply because you win.

A word on credibility

If the allegations are genuinely false or exaggerated, your credibility is your strongest asset — so protect it. Be accurate and measured in your own evidence, do not overstate your case, and never breach the order. Calm, specific, evidence-based responses are far more persuasive than indignation.