How to successfully file a restraining order
- Law
Ferina Jenny
- 0
- 7 minutes read
Applying for a restraining order can drastically change your life. If granted, you will restrict a person’s access to you and your life through a strict legal instrument designed to protect your liberty, property, and safety.
So how do you apply, and get a restraining order introduced?
Here’s everything you need to know about how to successfully file for a restraining order in Western Australia.
What is a restraining order and how does it work?
Restraining orders are legal decisions issued by a court that prevent a person from coming near you or your personal property. They are designed so that once in force, the applicant can enjoy safety and security from a person who is likely to or has committed family violence, personal acts of violence, intimidation, or harassment.
Remember that applying for a restraining order is a serious issue and should not be taken lightly.
Which restraining order should I apply for?
Three main types of restraining orders can be applied for. They all have different purposes and depending on your situation, you’ll want to make sure you’re choosing the correct order and application to ensure your rights and safety are protected.
1. Family Violence Restraining Order (FVRO)
An FVRO applies when the person you need protection from is a close relative or a facility member. This also applies to ex-partners, de-facto couples, or anything that consists of an intimate or family-style relationship.
2. Violence Restraining Order (VRO)
A VRO is similar to an FVRO but can be applied for if the person in question is not a family member. This could be anyone from a work colleague to a member of the public.
3. Misconduct Restraining Order (MRO)
An MRO is designed to protect you or your property from someone you are not in a family relationship with. An MRO I can protect you from behaviour that is:
- Intimidating or offensive
- Damaging to your personal property
- Considered a breach of the peace
Are you a victim of violence, inappropriate behaviour, or harassment?
Sometimes it’s difficult to determine whether you’re a victim or not. Often family violence can be carried out subtly and in private, where the victim is subjected to emotional, physical, and psychological abuse. Seeking help is an important step in coming to recognise your situation. If you feel like you’re in serious danger it’s always important to contact the police, they have the powers to implement a 24-hour restraining order in order to give you time to apply properly for the appropriate protection.
How to file for an FVRO: step by step
In Western Australia, the process for applying for a restraining order is simple. Here’s what you need to do:
- Fill out the appropriate form. They can be found both in the Magistrate’s Court or online. Find below the forms for all three restraining orders:
Remember you are the “Applicant” and the person you need protection from is the “Respondent”.
- Apply for the restraining order at the Perth Magistrates Court. You will be asked to provide evidence or submit an affidavit.
- A hearing will be fixed at the Magistrates court at which you can choose to have the Respondent present or not. At this initial hearing if an order is granted this will be an interim restraining order.
- The Respondent has 3 weeks exactly after the initial order to formally agree or disagree with the order. If they agree, a notice of the final order will be sent to the parties.
- If the Respondent objects to the order a court date will be set at which you must attend or the whole matter could be thrown out.
- At this second hearing – a final decision will be made on the matter, whether the Respondent is present or not. This order will last for 2 years unless it is stated otherwise.
What evidence determines a restraining order?
In court, the magistrate will look at the facts as they are presented. As restraining orders severely limit a person’s freedom, they are not taken lightly. You should be prepared to give evidence – something which can be difficult. If you’re worried about how to proceed, it’s important you speak to a qualified family lawyer.
Here’s what the court could look at:
- Witness testimonies
- Evidence of abuse
- Text/Voice messages
- Pictures
Consequences for breaching a restraining order
If someone breaches a restraining order they have automatically committed an offence. This can become a serious issue as they may face a heavy fine or imprisonment.
Depending on the type of restraining order and the circumstances of the breach, the respondent could face a maximum fine of $6000 and or two years in prison. If there are aggravating circumstances such as acts of violence committed in front of children the penalty will be more severe.
If someone breaches an MRO, the penalty is $1000, with more serious penalties handed down for repeat offenders.
Get legal assistance with your restraining order
Applying for a restraining order can be emotionally difficult and confusing. Making a mistake on the way could put your safety or your property at risk. Filing for a restraining order with the help of a qualified lawyer is a major advantage. Maximise your chances and reach out to the Mandurah law firm today.
