Is an ex-partner 'family' for an FVRO?

Yes. Current and former partners and spouses, and people who were in an intimate personal relationship, fall within a family relationship, so an FVRO is the right order.

Can I get a VRO against a family member?

No. Family situations are dealt with by FVROs. If you name a family member in a VRO application, it will be treated as a family violence matter.

What if I'm not sure whether the conduct is 'violent'?

If there are threats or fear of violence, lean toward a VRO. If the behaviour is harassing or offensive but not violent, an MRO may fit. Court registry staff, Legal Aid WA or a lawyer can help you decide before you lodge.

Can one order protect my children too?

In many cases children can be included on or protected by an order. Arrangements about who children live with and spend time with, however, are decided in the Family Court of WA.

Which order is hardest to get?

The MRO involves the court weighing your protection against the respondent's freedoms, and the VRO turns on whether the order is appropriate. The FVRO has the most protective test, but still requires evidence of family violence or a reasonable fear of it.

FVRO vs VRO vs MRO: Which Restraining Order Do You Need in WA?

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.

Quick comparison

Feature	FVRO	VRO	MRO
Stands for	Family Violence Restraining Order	Violence Restraining Order	Misconduct Restraining Order
Use when the person is	Family / intimate (current or former)	Not family	Not family
Conduct it targets	Family violence, including coercive control	Violence, threats, acts of abuse	Intimidation, offence, property damage, breach of peace (non-violent)
Legal test	Court must make it unless special circumstances make it inappropriate	Whether the order is appropriate in the circumstances	Balances protection against the respondent's freedoms
Breach penalty	Up to $10,000 and/or 2 years	Up to $10,000 and/or 2 years	Up to $1,000

Step 1: What is your relationship to the person?

This is the most important question.

Family or intimate relationship — current or former partner or spouse, someone you dated, a relative by blood, marriage or kinship, someone you live or lived with in a family-type relationship, or a co-parent. → You apply for an FVRO.
Not a family relationship — a neighbour, colleague, acquaintance, former friend, customer or stranger. → You apply for a VRO or MRO, depending on the conduct (Step 2).

Since FVROs were introduced, a VRO cannot be made against a family member, and an MRO cannot be made between people in a family relationship.

Step 2: How serious is the conduct?

If the person is not family, the next question is whether their behaviour is violent.

Violence, threats of violence, or acts of abuse (assault, intimidation, stalking, threats, property damage as part of abuse) → VRO.
Non-violent but harassing (intimidating or offensive behaviour, nuisance, property damage, conduct likely to breach the peace) → MRO.

If the person is family, you apply for an FVRO regardless of whether the conduct is physical — family violence under WA law now expressly includes coercive and controlling behaviour and patterns of behaviour, not just physical violence.

Why the right choice matters

Different tests. The FVRO test is the most protective: the court must make the order unless special circumstances make it inappropriate. The VRO test asks whether the order is appropriate. The MRO involves balancing your protection against the respondent's freedom of movement and association.
Different penalties. Breaching an FVRO, VRO or Police Order carries up to $10,000 and/or 2 years imprisonment. Breaching an MRO carries up to a $1,000 fine.
Dismissal has consequences. If an FVRO application is dismissed, you generally cannot reapply against the same person without a change in circumstances — so it pays to start with the correct order and solid evidence.

What about emergencies?

If you are in immediate danger, call 000. Police can issue a Police Order on the spot for up to 72 hours and can apply for a longer-term FVRO or VRO on your behalf. A Police Order is a short-term bridge, not a substitute for a court order.