How long do I have to object to a restraining order in WA?

21 days from the date you are served with the interim order. After that, it generally becomes final.

What happens if I miss the 21-day deadline?

The interim order becomes a final order, usually for 2 years. You may be able to apply for permission to object late, but the court does not have to grant it.

Can I just ignore the order if I think it's unfair?

No. The order is legally binding from service. Breaching it is a criminal offence regardless of whether you think it is fair. Object through the court instead.

Does objecting to a restraining order mean I'm admitting anything?

No. Objecting simply means you want the matter heard. You can also resolve it through a conduct agreement order or undertaking without admitting the allegations.

Should I get legal advice before I object to a restraining order?

Strongly recommended. The decision affects your record, firearms, employment and any Family Court proceedings. Legal Aid WA and community legal centres can help if you cannot afford a private lawyer.

How to Object to a Restraining Order in WA: The 21-Day Deadline

If you have been served with an interim restraining order in Western Australia, you generally have 21 days to lodge an objection. If you do not object within that time, the interim order automatically becomes a final order — usually for 2 years. This is set out in section 31 of the Restraining Orders Act 1997 (WA).

Key facts at a glance

The rule: 21 days from service to object (Restraining Orders Act 1997 (WA), s 31)
If you do nothing: the interim order becomes final, commonly for 2 years
Where to object: the Magistrates Court of WA registry handling your matter
An order is civil, not criminal: but breaching it is a criminal offence
Most important rule while you decide: do not breach the order, even if you disagree with it

What does "objecting" actually mean?

When an interim restraining order is made, it protects the applicant immediately. Objecting means telling the court that you do not agree to a final order being made and that you want the matter heard. If you object in time, the matter is listed for a final order hearing.

Step 1: Read the order and the application

Get a copy of the application and any supporting affidavit from the court registry. Note the date you were served — the 21-day clock runs from then.

Step 2: Comply with the order immediately

The order is binding from the moment it is served on you. Breaching it is a criminal offence carrying up to a $10,000 fine and/or 2 years imprisonment for an FVRO or VRO. Disagreeing with the order is not a defence to breaching it.

Step 3: Weigh up your options

Object and contest — lodge your objection and prepare for a final order hearing.
Negotiate an undertaking — a promise to the court (not legally binding, no admission required).
Agree to a conduct agreement order — a legally binding order made without any admission of family violence.
Consent without admissions — in some matters you can consent to an order without admitting the allegations.
Let it become final — if you do not object, the order becomes final.

Step 4: Lodge your objection in time

Lodge your objection at the Magistrates Court registry within 21 days of being served. If you miss the deadline, you may be able to ask the court for permission to object late, but this is not guaranteed.