Will the police always apply if I ask them to?

No. Whether police apply is their decision, based on the circumstances and the risk. If they do not, you can apply yourself.

Do I have to go to court if police apply for me?

Often not for the first mention, because police attend. But if the respondent opposes the order, you will usually need to give evidence at the final order hearing — sometimes by phone or video link if there are safety concerns.

Is a Police Order the same as police applying for an FVRO?

No. A Police Order is a short-term order police make themselves (hours), while applying for an FVRO means police take a court application forward for a longer-term order.

Can police get my firearms taken away from the respondent?

Yes. In family violence situations police have powers to seize firearms, and FVRO and VRO orders generally include a firearms prohibition.

What if police charge the other person criminally too?

Criminal charges and a restraining order can run alongside each other. They are separate processes, and it's worth getting advice on how they interact, especially if you may be a witness in the criminal matter.

Can the Police Apply for a Restraining Order on My Behalf in WA?

Yes. In Western Australia, police can apply for a Family Violence Restraining Order (FVRO) or Violence Restraining Order (VRO) on your behalf, and in urgent situations can issue an on-the-spot Police Order to protect you immediately. When police bring the application, they run it through the court, which can take a lot of the pressure off you.

Key facts at a glance

Police can apply for an FVRO or VRO on your behalf
Police can issue a Police Order on the spot (up to 72 hours) in family violence situations
If police apply, you generally do not need to attend the first mention — police attend
You may still need to give evidence if the matter is contested and goes to a final order hearing
You can also apply yourself at any Magistrates Court of WA registry

How does a police application work?

When police decide to apply for an order for you, they prepare and lodge the application and appear at court. At the first mention, the respondent attends and either consents to the order or opposes it:

If the respondent consents, the order can be made that day, and you generally do not need to attend.
If the respondent opposes, the matter is adjourned to a contested final order hearing, where you will usually be required to give evidence — though the court can allow you to attend by phone or video link if there are safety concerns about contact.

When will police apply for you?

Police are most likely to take carriage of an application where there has been family violence and they have been involved — for example after attending an incident, taking a report, or laying related criminal charges. In urgent cases they can also make a telephone application to an authorised magistrate at any hour, who can make an interim order on the spot.

Police cannot be compelled to apply, and whether they do is a matter for them based on the circumstances and risk. If police do not apply, you can still apply yourself.

Police Orders: immediate, short-term protection

Separate from a court application, police can issue a Police Order where they believe family violence has occurred or is feared and an order is needed for safety. A Police Order lasts up to 24 hours without your consent, or up to 72 hours with your consent, and cannot be renewed. It is designed as a short bridge to a longer-term FVRO. Use that time to seek support and either apply for an FVRO or find out whether police will.

Advantages of police applying for you

Less pressure on you — police lodge the application and appear at the first mention.
You may avoid early court attendance if the respondent consents.
Police can act fast in emergencies, including after hours.
Costs protection — a court generally will not order costs against a police officer who applied in good faith in the course of duty.

What if you'd rather apply yourself?

You can. Applying yourself gives you direct control over the application and its timing. You lodge it in person at any Magistrates Court of WA registry, there is no filing fee, and you can ask for the first hearing to be heard in the respondent's absence so an interim order can be made quickly.