The ABC News Website has reported that a new type of restraining order is being introduced by the Western Australian Government to better protect family violence victims . The Family Violence Restraining Order According to Attorney-General Michael Mischin, the Family Violence Restraining Order (FVRO) was designed to reduce the onus on the victim to provide […]
The Western Australian Government is examining key recommendations from a Law Reform Commission report which includes separating family and domestic violence orders from the existing Restraining Orders Act. The report recommends treating it as a criminal offence under the Criminal Code and creating clearer definitions of what constitutes domestic violence. An article, appearing on the […]
VRO Decision In a unanimous decision* on 18 June 2014 the Western Australian Supreme Court of Appeal set aside the District Court decision in Walsh v Baron.** In the District Court decision Staude DCJ held that the use of legally available procedures such as: Making multiple interlocutory applications in VRO proceedings Complaining about the Applicant […]
Kavanagh Lawyers’ principal, Marty Kavanagh, has just had his 20 annotations on The Restraining Orders Act 1997 (WA) published as part of a significant update to Dickey’s Family Law with Legislation. This new authored content provides concise annotations, and are structured to help practitioners reach the information they need as quickly as possible. Read more about […]
There are 3 types of restraining orders that can be granted in Western Australia. The most well known of these is the Violence Restraining Order or VRO. This is designed to stop any future threats, property damage, violence, intimidation and emotional abuse. Violence retraining orders can be served against people in a family or domestic […]
What is a misconduct restraining order? A misconduct restraining order (MRO) is an order of the court designed to stop someone behaving in a way that can be offensive or intimidating towards another. It can also prevent someone from causing damage to a person’s property or acting in a way that may lead to breeching […]
New amendment to Restraining Orders Act 1997 WA clarifies position re Violence Restraining Orders for children (VROs) Amendments to the Restraining Orders Act 1997 (“the Act”) received Royal Assent on 4 October 2013 have clarified the legal position regarding Violence Restraining orders for children. By amending section 25 of the Act the WA Parliament has […]
Kickett v Starr The appeal point The appeal case of Kickett v Starr which was delivered on 15 April 2013 raises interesting questions about whether the listing procedure commonly adopted after an ex-parte VRO hearing is valid.
TROUBLE AT MILL: JURISDICTIONAL UNCERTAINTY RE: VIOLENCE RESTRAINING ORDERS (VROs) PROTECTING CHILDREN. The 2011 Amendment to the Act Which court (Magistrates Court or Children’s Court) has jurisdiction to make a Violence Restraining Order (VRO) protecting a child has become a very vexed issue in WA because of the Restraining Orders Amendment Act 2011 (WA), (“the […]
The following are statistics on Western Australian violence restraining orders (VROs) taken from the Marty Kavanagh, Kavanagh Lawyers WA paper to the 2013 Law on the Lounge Family Law Conference, Bali 2013. The writer is very grateful to Mr Tom Millward, from the WA Magistrates Court for the following statistics on Western Australian VROs.