A Misconduct Restraining Order (MRO) is a court order under the Restraining Orders Act 1997 (WA) that stops a non-family member from behaving in a way that is intimidating or offensive, damages your property, or breaches the peace — where the conduct does not amount to violence. MROs are most often used in neighbour disputes, workplace conflicts and ongoing nuisance situations.

Key facts at a glance

  • Governing law: Restraining Orders Act 1997 (WA), sections 34–35
  • Who it protects against: a person you are not in a family relationship with
  • Use it for: intimidating or offensive conduct, property damage, or behaviour likely to breach the peace
  • Where to apply: any Magistrates Court of WA registry
  • Cost to apply: no court filing fee
  • Breaching an MRO: a fine of up to $1,000

What does an MRO cover?

A court can make an MRO where it is satisfied the respondent has behaved, and is likely to behave again, in a way that is intimidating or offensive to you, likely to lead to a breach of the peace, or causes or is likely to cause damage to your property. The conduct does not need to involve violence or a threat of violence.

How is an MRO different from a VRO and an FVRO?

OrderRelationshipConduct it addressesBreach penalty
FVROFamily memberFamily violence (incl. coercive control)Up to $10,000 / 2 years
VRONon-familyViolence, threats, acts of abuseUp to $10,000 / 2 years
MRONon-familyIntimidation, offence, property damage, breach of peace (non-violent)Up to $1,000

What does the court weigh up?

When deciding an MRO, the court balances your need for protection against the respondent's freedom of movement and freedom of association. Because an MRO restricts what someone can do without any finding of violence, magistrates look closely at whether the order is justified and proportionate to the conduct complained of.

How do you apply for an MRO?

You lodge an MRO application in person at any Magistrates Court of WA registry. There is no filing fee. An interim order may be made, served on the respondent, and the respondent has 21 days to object. Strong MRO applications usually include specific evidence — dates, times, what was said or done, photographs of property damage, messages, and any independent witnesses.