When enough is enough: applying for a violence restraining order

There are two main types of violence restraining orders in Western Australia: Family Violence Restraining Orders (FVRO) and Violence Restraining Orders (VRO). Both require an application to your local Magistrates Court or possibly the Children’s Court.

You should apply for an FVRO if you require protection from a person who you are or were in a family relationship with, for example a former husband/wife, de-facto partner, or someone you are related to.

You should apply for a VRO if you require protection from someone with whom you are not in a family relationship, for example a work colleague.

You do not need to have experienced physical violence or the threat of physical violence to apply for a VRO or FVRO. A VRO/FVRO can be made on the basis of other sorts of behaviour that coerce or control you or cause you to be fearful.

When you apply, you can ask the Court for an interim FVRO, which is a temporary order that is in place while you go through the process of obtaining a final FVRO.

The process usually constitutes:

  1. An application and affidavit in support;
  2. A court hearing for the interim VRO if you apply for one (at which the other party will not be present);
  3. If you are granted a VRO, the police will then serve it on the other party (the person bound)
  4. If the other party files an objection to the VRO, there will likely be a ‘mention’ hearing, followed by a final hearing. The interim VRO remains in place until the final order hearing.

If the other party breaches either the interim of final VRO, it is a criminal offence.

If you would like further information about applying for a VRO, please contact Kavanagh Lawyers on 6557 5888 or email reception@kavlaw.com.au.