Restraining Orders are made in Western Australia pursuant to the Restraining Orders Act 1997.
Family Violence Restraining Orders (“FVRO”) pursuant to Part 1B of the Restraining Orders Act 1997
Violence Restraining Orders (“VRO”) pursuant to Part 2 of the Restraining Orders Act 1997
Misconduct Restraining Orders (“MRO”) pursuant to Part 3 of the Restraining Orders Act 1997 .
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Restraining orders can be made by the court to protect a person who experienced violence in the family or any form of violence against them. These individuals can also file for a restraining order in the event of threats, harassment, intimidation or any other circumstance that puts the individual at risk or in a dangerous situation. The law in Western Australia changed on 1 July 2017, and again because of Covid-19. It is therefore very important to know when the application for a restraining order was made.
Breach in restraining orders is a criminal offence. It is often carries a penalty of a fine or imprisonment. Restraining orders can be differentiated into three types.
The three main types of Restraining Orders
Family Violence Restraining Orders (FVRO) pursuant to Part 1B of the Restraining Orders Act 1997
Application for Family Violence Restraining Order can be applied against a person to who you have or had a family relationship. This includes a spouse, ex-spouse, partners, siblings, kin, or any other person you have been involved in a family-like relationship with.
Our lawyers are able to help you with the documents that you need to complete to apply for a violence restraining order.
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Violence Restraining Orders (VRO) pursuant to Part 2 of the Restraining Orders Act 1997
Violence restraining orders are for persons with who you do not have a family relationship. These include colleagues, friends, your boss, or neighbour. Our lawyers are able to help you with the basic court procedures for a Violence Restraining Order application as well as the documents that you need to complete to apply.
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Misconduct Restraining Orders (MRO) pursuant to Part 3 of the Restraining Orders Act 1997
Misconduct Restraining Orders are applied to persons whom you have no family relationship with and are not permitted from doing the following acts:
- Intimidating and offensive actions against the complainant
- Damaging a complainant’s property
- Breaching the peace
Our lawyers are able to help you with the documents that you need to complete to apply for a misconduct restraining order.
Call our 24/7 hotline to set up an appointment: +61 8 6323 8697
When Does the Magistrate Court Grant a Restraining Order?
Section 11A of the Restraining Orders Act 1997 stipulates that the Magistrate Court may grant a VRO if the Respondent has committed an act of abuse against the Applicant or has reasonable grounds to apprehend that the Respondent
will commit personal violence against the Applicant. A VRO will also be granted if in the circumstances the Court sees fit to do so. Even though the Act clearly distinguishes “family or domestic violence” and “personal violence” as different circumstances, both include instances wherein there is emotional abuse and intimidating behaviour against the Applicant.
A restraining order is also considered appropriate by the Court if it will stop a behaviour or hardship caused by the Respondent for the protection of the Applicant. It is also most likely granted in situations where the well-being of a child or children will be benefitted by the grant for the restraining order.
What Happens When a Restraining Order is Breached?
A restraining order will not appear on the criminal record of the Respondent. However, any conviction of breaching the Restraining order will be listed on your criminal history unless a spent conviction has been granted. If there is an action taken that breaches the terms of a restraining order, it is reported to the police, and there is a conviction then this is considered as a criminal offence.
Section 61 of the Restraining Orders Act 1997 governs such breaches. Penalties can include Mandatory Imprisonment, fines as well as other orders the court see fit.
Call our 24/7 hotline to get advice if you are being questioned by Police: +61 8 6323 8697
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