To apply for a restraining order in Western Australia, you lodge an application at any Magistrates Court of WA registry, choose whether the first hearing happens with or without the respondent present, and present evidence to a magistrate who decides whether to make an interim order. There is no court filing fee.
Key facts at a glance
- Where to lodge: any Magistrates Court of WA registry (in person)
- Cost: no court filing fee
- First hearing: you choose whether it happens in the respondent's absence (ex parte) or with notice
- If an interim order is made: it protects you once served, and the respondent has 21 days to object
- Children under 18 as respondent: dealt with in the Children's Court of WA
Step 1: Work out which order you need
- FVRO — if the person is, or was, a family member or intimate partner.
- VRO — if the person is not family and the conduct involves violence, threats or acts of abuse.
- MRO — if the person is not family and the conduct is intimidating, offensive, damages property or breaches the peace, but is not violent.
Step 2: Decide if it's urgent
If you are in immediate danger, call 000. Police can make a Police Order on the spot (up to 72 hours) and can apply for an order on your behalf.
Step 3: Prepare your evidence
Strong applications are specific. Useful material includes a timeline of incidents with dates, times and locations, exactly what was said or done in each incident, text messages, emails, voicemails or social media messages, photographs of injuries or property damage, names of any witnesses, and details of any previous orders or police reports.
Under the law as amended in 2024, a pattern of behaviour can amount to family violence even where individual incidents seem minor.
Step 4: Lodge the application
Lodge your application in person at any Magistrates Court of WA registry. When you lodge, you choose whether you want the first hearing to take place in the respondent's absence (ex parte) or with the respondent given notice.
Step 5: Attend the first hearing
If satisfied, the magistrate can make an interim order, which gives you protection straight away. The interim order is then served on the respondent — usually by police for an FVRO or VRO.
Step 6: Wait for the respondent's response
Once served, the respondent has 21 days to object. If no objection, the interim order becomes a final order (commonly for 2 years). If the respondent objects, the matter is listed for a final order hearing.