Is an FVRO the same as an AVO or DVO?

Different states use different names. WA uses 'FVRO'. Other states use terms like AVO, ADVO, DVO or IVO. Since 25 November 2017, a domestic violence order made anywhere in Australia is automatically recognised and enforceable in every state and territory.

Can I get an FVRO without the other person knowing first?

Yes. You can ask for your application to be heard in the respondent's absence (ex parte). If the magistrate is satisfied, an interim order is made and then served on the respondent, who can later object.

Does an FVRO stop me seeing my children?

An FVRO restrains the respondent's conduct, not your parenting arrangements. Where there are Family Court parenting orders, those orders generally prevail to the extent of any inconsistency. Parenting and contact issues are usually dealt with in the Family Court of WA.

How much does it cost to apply for an FVRO?

There is no court filing fee to apply for a restraining order in WA. You may have other costs such as legal advice or service of documents.

What happens if my application is dismissed?

If your FVRO application is refused, you generally cannot reapply against the same person unless there is a change in circumstances. This is one reason it is worth preparing your evidence carefully the first time.

Family Violence Restraining Orders (FVRO) in WA: The Complete 2026 Guide

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. An FVRO is not a criminal charge, but breaching one is a criminal offence.

This guide explains who can apply, what you have to prove, how long an FVRO lasts, and the major 2024 changes that brought coercive control into the law.

Key facts at a glance

Governing law: Restraining Orders Act 1997 (WA)
Who it protects against: a person you are, or were, in a family relationship with
Where to apply: any Magistrates Court of WA registry (or online through an approved legal service provider)
Cost to apply: no court filing fee
Legal test: the court must make the order unless there are special circumstances that make it inappropriate
Default duration: 2 years if no period is stated in the order (and it can be longer, including lifetime in some cases)
Breaching an FVRO: up to a $10,000 fine and/or 2 years imprisonment

What counts as "family violence" in WA?

Since amendments under the Family Violence Legislation Reform Act 2024 (WA) commenced on 14 November 2024, the definition of family violence in section 5A of the Restraining Orders Act 1997 expressly captures coercive and controlling behaviour. Family violence now means:

violence, or a threat of violence, by a person towards a family member; or
any other behaviour or pattern of behaviour that coerces or controls the family member, or causes them to be fearful.

The critical word is pattern. The law now recognises that a series of acts which look minor or trivial in isolation can together amount to family violence. Examples in the Act include physical assault, threats, stalking, repeated derogatory taunts, emotional or psychological abuse, financial abuse (such as controlling or withholding money), damaging property, harming an animal, and exposing a child to any of the above.

Who is a "family member"?

An FVRO is only available where you are, or were, in a family relationship with the respondent. Section 4 of the Act defines this broadly. It includes current and former spouses and de facto partners, people in (or who were in) an intimate personal relationship, relatives by blood, marriage or kinship, people who live or have lived together in a family-type relationship, and parents and children (including step and guardianship relationships).

If you are not in a family relationship with the person — for example a neighbour, colleague or stranger — you cannot apply for an FVRO. You would instead apply for a Violence Restraining Order (VRO) or a Misconduct Restraining Order (MRO).

Who can apply for an FVRO?

You can apply for an FVRO if you are the person seeking protection. A parent, guardian or appropriate adult can apply on behalf of a child, and the police can apply on your behalf. In urgent situations, police can also make an on-the-spot Police Order to protect you for up to 72 hours until a court application can be heard.

What do you have to prove?

A court can make an FVRO if it is satisfied that:

the respondent has committed family violence against you and is likely to do so again; or
you (or the person applying for you) have reasonable grounds to fear that the respondent will commit family violence against you.

Importantly, the test for an FVRO is weighted toward protection. The court must make the order unless it is satisfied there are special circumstances that make an FVRO inappropriate. This is a more protective standard than the test for a VRO.

How long does an FVRO last?

There are two stages:

An interim FVRO takes effect once it is served on the respondent and protects you straight away while the matter is finalised.
A final FVRO lasts for the period stated in the order. If no period is stated, the default is 2 years. Courts can make longer orders, and in cases involving certain violent personal offences the court can make an FVRO for the respondent's lifetime.

What restraints can an FVRO impose?

An FVRO can prohibit the respondent from, among other things, being near or contacting you, coming to your home or workplace, approaching your children's school, communicating with you directly or through others, damaging your property, and possessing firearms. The conditions are tailored to the risk in your situation.

Is an FVRO a criminal record?

No. An FVRO is a civil order and does not give the respondent a criminal record. However, if the respondent breaches the order, that breach is a criminal offence that can result in a fine, imprisonment and a criminal record.