Does an FVRO override a parenting order in WA?

Generally it's the other way around: a Family Court parenting order prevails over an FVRO to the extent of any inconsistency. FVROs are usually drafted to allow contact required by Family Court orders.

Can I sort out custody through a restraining order?

No. Parenting arrangements ('custody') are decided in the Family Court of WA. A restraining order is about protection, not parenting time.

What if my FVRO and parenting order contradict each other?

Get advice promptly. Usually the Family Court order governs the inconsistent part, but you may need to vary the FVRO or the parenting order so the two work together cleanly.

Will my FVRO be taken into account in the Family Court?

Family violence is central to Family Court parenting decisions, so an FVRO and the underlying evidence can be relevant. The Family Court makes its own assessment of risk and the child's best interests.

Does my WA restraining order protect me interstate?

Yes. Since November 2017, domestic violence orders are recognised and enforceable across all Australian states and territories.

Restraining Orders and Family Court Orders in WA: How They Interact

In Western Australia, a Family Court order generally prevails over a Family Violence Restraining Order (FVRO) to the extent of any inconsistency between them.

Key facts at a glance

Restraining orders: Magistrates Court of WA, under the Restraining Orders Act 1997 (WA)
Parenting and property: Family Court of WA, under the Family Court Act 1997 (WA) / Family Law Act 1975 (Cth)
General rule: a Family Court order prevails over an FVRO to the extent of any inconsistency
A magistrate making an FVRO generally cannot make an order that conflicts with existing Family Court parenting orders
Tell each court about the proceedings in the other

Which order wins if they conflict?

If an FVRO and a Family Court parenting order are inconsistent — for example, an FVRO says "no contact" but a parenting order provides for the respondent to spend time with the children — the Family Court order generally prevails to the extent of the inconsistency.

To avoid these clashes, FVROs are usually drafted with a carve-out allowing contact that is required or permitted by a Family Court order.

Can a restraining order affect children's arrangements?

An FVRO restrains the respondent's behaviour; it is not the place where parenting arrangements are decided. Decisions about who children live with and spend time with are made by the Family Court of WA.

Running two matters at once

It is common to have an FVRO in the Magistrates Court and a parenting or property matter in the Family Court at the same time. Key points:

Disclose each matter to the other court.
Keep the orders consistent.
Use the right court for the right issue — protection conditions go to the Magistrates Court; living and contact arrangements go to the Family Court.
Do not rely on informal contact arrangements if an FVRO restrains contact.

Family violence is central to Family Court decisions

Reforms in 2024 aligned the Family Court Act 1997 (WA) more closely with the Family Law Act 1975 (Cth), placed children's safety at the centre of parenting decisions, and improved information sharing about safety risks. An FVRO and the evidence behind it can be highly relevant in Family Court proceedings.

National recognition of orders

Since 25 November 2017, a domestic violence order made in any Australian state or territory is automatically recognised and enforceable nationwide.