Prevent Acts of Family or Personal Violence with a Restraining Order

A restraining order is a legal document that can be issued by a court to protect someone from family or personal violence. It can prohibit the person who is the subject of the order from doing certain things such as:

  • Approaching, contacting, or communicating with the protected person
  • Entering or remaining on the protected person’s premises
  • Assaulting, harassing, or threatening the protected person
  • Stalking the protected person

A restraining order can help to protect a victim of family or personal violence by limiting the contact that the perpetrator can have with them.


How Does a Restraining Order Work in Australia?

According to the Government of Western Australia, a court will order such as a restraining order is “an order made by a court which prohibits a person from doing specified things that may cause harm to another person.” This can be an extremely valuable tool for people who need it, as it can help protect them from harm. Personal safety is an important consideration here.

A restraining order in WA usually lasts for 12 months, but this can be extended if necessary. It is important to remember that a restraining order or a domestic violence order is not a magic bullet – it cannot prevent all harm from occurring, but it can help reduce the risk of harm.

If someone has been issued with a restraining order, it is important to obey the conditions of the order. If someone does not obey the conditions of a restraining order, they may be arrested and charged with a criminal offence.

A restraining order can help protect people who are in danger from someone else. If you feel like you are in danger, it is important to reach out for help and seek legal aid. There are many organisations that can provide support and advice, including the WA Police Force, Women’s Domestic Violence Helpline, and the Department for Child Protection and Family Support.

If you need to apply for a restraining order in WA, here are the steps for you to follow:

  1. Get legal advice
  2. Complete the restraining order application form
  3. Lodge the form with the court
  4. In a court hearting, the court will review your application and make a decision
  5. If the restraining order is granted, you will be given a copy of it
  6. The person who is restrained will be served with a copy of the order
  7. It is important to obey the conditions of the restraining order
  8. If you do not obey the conditions of the order, you may be arrested and charged with a criminal offence

If you would like to be a protected person or need more information about restraining orders, or need help applying for one, please contact Hoe Lawyers, the WA Police Force or your local court.

lawyer and client looking at each other while working with contract in office

What are Restraining Orders Called in Western Australia?

There are different types of restraining orders in Western Australia, such as the FVRO, VRO, MRO, National Domestic Violence Order Scheme and Online Restraining Orders. Hoe Lawyers is here to help you understand and define each type of restraining order.

There are three types of restraining orders in WA:

Family Violence Restraining Orders (FVRO)

A FVRO is a domestic violence order made to protect a person from family violence. Family violence is violence or threatening behaviour by a member of the person’s family. The order can be made against the person who committed the violence, or any other member of the family. In certain cases, police officers can also issue intervention orders like a police order to temporarily protect persons in need of a protection order.

A FVRO is a type of restraining order that serves to restrain a person who:

  • has done some form of family violence against you and is showing tendencies to continue performing acts of family violence against you or
  • shows behaviour that convinces you that some form of family violence is likely to happen in the future.

Violence Restraining Orders (VRO)

A VRO is another court will order made to protect a person from violence. Violence is behaviour that intentionally or recklessly causes physical harm, fear of physical harm, or damage to property. The order can be made against the person who committed the violence, or any other person.

A VRO is a type of restraining order that serves to restrain a person who:

  • you believe owns the tendency to either perform a violent personal offence against you or someone you are legally responsible for, like a child, or
  • behaves in such a manner that it instils a sense of fear that a form of offence will be committed.

Misconduct Restraining Orders (MRO)

An MRO or a misconduct restraining order is an order made to protect a person from the unreasonable behaviour of another person. The order can be made against the person who committed the violence, or any other person.

An MRO primarily serves to restrain a person:
•       from behaving in such a manner that shows intimidation, or is offensive to you or someone you are legally responsible for, like a child
•       who is showing the tendency to damage your property
•       from committing a breach of the peace.

The National Domestic Violence Order Scheme (NDVOS) is an interstate scheme that allows domestic violence orders made in one state to be recognised and enforced in all other participating states.

An Online Restraining Order (ORO) is a restraining order that can be made by the Magistrates Court online. The order can protect you from someone who has harassed, stalked or assaulted you.

If you are experiencing family violence, or have experienced family violence in the past, you can apply for a restraining order. The order can protect you from someone who is violent or has threatened to be violent towards you.

Family Violence Restraining Orders (FVRO)

A FVRO is a domestic violence order made to protect a person from family violence. Family violence is violence or threatening behaviour by a member of the person’s family. The order can be made against the person who committed the violence, or any other member of the family. In certain cases, police officers can also issue intervention orders like a police order to temporarily protect persons in need of a protection order.

A FVRO is a type of restraining order that serves to restrain a person who:
•       has done some form of family violence against you and is showing tendencies to continue performing acts of family violence against you or
•       shows behaviour that convinces you that some form of family violence is likely to happen in the future.

Violence Restraining Orders (VRO)

A VRO is another court will order made to protect a person from violence. Violence is behaviour that intentionally or recklessly causes physical harm, fear of physical harm, or damage to property. The order can be made against the person who committed the violence, or any other person.

A VRO is a type of restraining order that serves to restrain a person who:
•       you believe owns the tendency to either perform a violent personal offence against you or someone you are legally responsible for, like a child, or
•       behaves in such a manner that it instils a sense of fear that a form of offence will be committed.

Misconduct Restraining Orders (MRO)

An MRO or a misconduct restraining order is an order made to protect a person from the unreasonable behaviour of another person. The order can be made against the person who committed the violence, or any other person.

An MRO primarily serves to restrain a person:
•       from behaving in such a manner that shows intimidation, or is offensive to you or someone you are legally responsible for, like a child
•       who is showing the tendency to damage your property
•       from committing a breach of the peace.

The National Domestic Violence Order Scheme (NDVOS) is an interstate scheme that allows domestic violence orders made in one state to be recognised and enforced in all other participating states.

An Online Restraining Order (ORO) is a restraining order that can be made by the Magistrates Court online. The order can protect you from someone who has harassed, stalked or assaulted you.

If you are experiencing family violence, or have experienced family violence in the past, you can apply for a restraining order. The order can protect you from someone who is violent or has threatened to be violent towards you.

How Can a Criminal Lawyer Help with Restraining Order in Perth?

If you are in need of a restraining order in Perth, it is important to seek assistance from a qualified criminal lawyer. Your lawyer can help you understand the process and eligibility requirements for obtaining a restraining order. They can also provide guidance on the best way to approach the situation and represent you in court.

A restraining order is an order from a court that prohibits an individual from contacting or coming near another person. It can be used to protect someone who is threatened or harassed, or to protect a victim of domestic violence.

There are several eligibility requirements for obtaining a restraining order in Perth. You must be an Australian citizen or permanent resident, and the person you want to restrain must be an Australian citizen or permanent resident. You must also have a connection to Western Australia, either through residency or employment. With a criminal lawyer, you’ll easily navigate these processes.

Lawyers work with clients at their desks.

With the help of a criminal lawyer, a restraining order provides you with the following benefits:

  • It can help protect you from further harassment or violence.
  • It can help you keep track of the person who is harassing or threatening you.
  • It can help you get a divorce or separate from a violent partner.
  • It can help you get custody of your children.

Through the help of a criminal lawyer, you can enjoy some peace of mind. The subject of a restraining order, meanwhile, will have to comply with the following:

  • Stay away from you.
  • Cease all contact with you, either in person, by telephone, or in writing.
  • Not go near your home, your place of work, or any other places you frequent.

If you are subject to a restraining order and do not comply with its conditions, you may be arrested and charged with a criminal offence. For more information, contact a criminal lawyer in Perth today.

Secure a Restraining Order for Peace of Mind, Safety and Protection

In any relationship, there is always a risk of domestic violence. While it’s impossible to completely protect yourself from an abusive partner, you can take steps to increase your safety and peace of mind. One such step is to secure a restraining order.

A restraining order is a legal document that orders an individual to stop certain behaviours. In Western Australia, a restraining order can be used to protect you from domestic violence, harassment or stalking.

If you’re considering applying for a restraining order, there are a few things to keep in mind. First, the process can be complex and it’s important to have an experienced lawyer on your side. Second, a restraining order is not a permanent solution. It may provide you with some peace of mind and safety in the short-term, but it’s important to take other steps to protect yourself in the long-term.

If you’re in an abusive relationship, it’s important to reach out for help.

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