A Family Violence Restraining Order (FVRO) in Western Australia restrains your conduct toward the protected person — it does not, by itself, decide whether you see your children. Decisions about who children live with and spend time with are made by the Family Court of WA, and a Family Court parenting order generally prevails over an FVRO to the extent of any inconsistency. That said, an FVRO and its conditions can affect contact in practice, so it's important to understand how the two frameworks fit together.
Key facts at a glance
- An FVRO restrains behaviour, it does not set parenting arrangements
- Parenting decisions are made in the Family Court of WA
- A Family Court parenting order generally prevails over an FVRO where they conflict
- FVROs are usually drafted to allow contact required or permitted by a Family Court order
- An FVRO can still be relevant to what parenting orders the Family Court makes
Why an FVRO doesn't decide parenting
An FVRO is a protective order. Its job is to stop family violence by restraining the respondent's conduct. It is not the legal mechanism for deciding parenting time. Those decisions belong to the Family Court of WA, where the central question is the child's safety and best interests.
How conflicts are avoided
If an FVRO said "no contact" and a parenting order said you spend time with your children, you could be placed in an impossible position. WA law avoids this in two ways:
- The Family Court order generally prevails over an FVRO to the extent of any inconsistency.
- FVROs are usually drafted with a carve-out allowing contact that is required or permitted by a Family Court order, so the protective conditions and the parenting arrangements can operate side by side.
Where children's contact involves changeovers, orders are often framed so that necessary, limited communication (for example, about logistics) is allowed despite the general restraints — sometimes through a third person or a contact service.
How an FVRO can influence parenting outcomes
Even though an FVRO does not decide parenting, it can be relevant to it. In the Family Court of WA, family violence is central to parenting decisions, and the court must consider any family violence and any FVRO involving the child or the family. If facts were admitted or proven in the FVRO proceedings, the Family Court can give those facts weight.
Practical guidance if you're a parent facing an FVRO
- Comply with the FVRO exactly, even around the children. Never use contact with the children as a way to communicate with the protected parent unless the orders clearly allow it.
- Sort out parenting in the Family Court, not through the restraining order.
- Make sure the orders are consistent — if the FVRO's conditions clash with parenting arrangements, get advice about varying the FVRO so the two work together.
- Be careful at changeovers — use any permitted method (third party, contact service, or the terms in the orders) and avoid prohibited contact.
- Get advice early. Running FVRO and parenting matters together is common but needs careful handling.