Can I get a VRO against a neighbour?

Yes. Neighbour disputes are a common reason for VRO applications. If the conduct involves violence, threats or intimidation, a VRO may be appropriate. If the conduct is harassing or offensive but not violent, a Misconduct Restraining Order (MRO) may be the better fit.

What is the difference between a VRO and an MRO?

A VRO addresses violence, threats of violence and acts of abuse. An MRO addresses lower-level conduct that is intimidating, offensive, or that involves property damage or breaching the peace, without reaching the level of violence.

Can the police get a VRO for me?

Yes. Police can apply for a VRO on your behalf, and in family-related situations they can issue an immediate Police Order. For non-family violence, police may also charge the person criminally in addition to seeking a VRO.

Will the respondent get a criminal record from a VRO?

No. A VRO is a civil order. A respondent only faces criminal penalties if they breach the order.

What if I named the wrong order type?

The registry and the court can help redirect your application, but it is best to identify whether your relationship is a 'family relationship' before you lodge, so the correct order (FVRO or VRO) is pursued from the start.

Violence Restraining Orders (VRO) in WA: Who Can Apply and How

A Violence Restraining Order (VRO) is a court order under the Restraining Orders Act 1997 (WA) that protects you from violence or the threat of violence by a person you are not in a family relationship with — for example a neighbour, an acquaintance, a co-worker or a stranger. It is made in the Magistrates Court of WA.

The VRO is the "non-family" equivalent of a Family Violence Restraining Order (FVRO). Choosing the right order matters, because applying for the wrong type can delay your protection.

Key facts at a glance

Governing law: Restraining Orders Act 1997 (WA), section 11A
Who it protects against: a person you are not in a family relationship with
Legal test: the court must consider whether making the order is appropriate in the circumstances
Where to apply: any Magistrates Court of WA registry
Cost to apply: no court filing fee
Typical duration: stated in the order; commonly up to 2 years and can be extended
Breaching a VRO: up to a $10,000 fine and/or 2 years imprisonment

When should you apply for a VRO instead of an FVRO?

The dividing line is the relationship, not the conduct:

If the person who is harming or threatening you is, or was, a family member or intimate partner, you apply for an FVRO.
If the person is not family — a neighbour, classmate, customer, former friend, or someone you barely know — you apply for a VRO.

Since FVROs were introduced, a VRO can no longer be made against a family member. If you name a family member in a VRO application, the court will treat it as a family violence matter.

What do you have to prove for a VRO?

A court can make a VRO where it is satisfied that the respondent has committed an act of abuse against you and is likely to do so again, or that you reasonably fear they will commit an act of abuse against you.

An "act of abuse" is broad. It includes assault, threatening behaviour, intimidation or harassment, stalking or persistent following, kidnapping or deprivation of liberty, and causing damage to property — as well as conduct that gives you reasonable grounds to fear those things.

The overall question for the magistrate is whether making the VRO is appropriate in the circumstances. This is a different and more discretionary test than the FVRO test, where the court must make the order unless special circumstances make it inappropriate.

Who can apply for a VRO?

The person seeking protection can apply, and police can apply on your behalf. A VRO can also be made by a court during other proceedings — for example when sentencing someone for a violent offence.

How do you apply?

You lodge a VRO application in person at any Magistrates Court of WA registry. There is no filing fee. You can ask for your application to be heard in the respondent's absence so that an interim VRO can be made quickly. The interim order takes effect once served, and the respondent then has 21 days to object. If they do not object, the order becomes final.

How long does a VRO last?

The order lasts for the period stated in it. Final VROs are commonly made for up to 2 years and can be extended if the circumstances justify ongoing protection.

What conditions can a VRO include?

A VRO can restrain the respondent from approaching or contacting you, attending your home or workplace, being within a set distance of you, communicating with you (directly or through others), and possessing firearms. Conditions are tailored to the specific risk.