Three types of Restraining Orders are issued in WA.
Family Violence restraining order;
Violence Restraining Orders ; and
Misconduct restraining order.
A Family Violence Restraining Order (FVRO) is an order made by the Magistrates Court in WA generally that restrains the respondent from certain behaviour, such as intimidation, violence or the threat of violence, harassment or stalking etc.
The purpose of a FVRO is to protect from this behaviour in the future – it usually states that a bound person cannot behave as such or go within a certain distance of the home or workplace of the person protected by the FVRO.
A Violence Restraining Order (VRO)is an order made by the Court to restrain a person (the person bound or known as the respondent when an order is made) from either committing an act of abuse, breaching the peace, causing fear, damaging property or intimidating another person (known as the person seeking to be protected or person protected when an order is made).
A Violence Restraining Order (VRO) is made when an act of personal violence has been, or is feared will be, committed by the respondent against the person seeking to be protected. A Violence Restraining Order only applies to people who are not in a domestic or family relationship.
The Court can make a FVRO or VRO if it thinks that without it, the respondent is likely to:
- commit an act of abuse against the applicant
- act in a way that could make the applicant reasonably fear that they will commit an act of abuse against the applicant
- ANDthe court thinks that a VRO should be granted in the circumstances.
A Misconduct Restraining Order is an order made by the Court to restrain a person (the person bound or known as the respondent when an order is made) from either breaching the peace, causing fear, damaging property or intimidating another person (known as the person seeking to be protected or person protected when an order is made). A Misconduct Restraining Order only applies to people who are not in a domestic or family relationship
The court can make an MRO if it thinks that without it, the respondent is likely to:
- cause damage to your property or property you have with you, or
- act in a way that is, or may lead to, a breach of the peace, or
- act in a way that could reasonably make you feel intimidated or offended, would in fact actually intimidate or offend you, or
- ANDthe court thinks a MRO should be granted in the circumstances.
What happens if someone tries to take out a FVRO, VRO or MRO against you?
You can object to the restraining order being made out against you and have the matter adjourned for trial at a later date.
If you need to make an application for FVRO or MRO, or if somebody has made an application to take out a FVRO, VRO or MRO against you, you need to speak with PERTH RESTRAINING ORDERS LAWYERS. Please contact our office to speak with an experienced Restraining Orders Lawyers, Perth.
We are affordable RESTRAINING ORDERS LAWYERS, PERTH and are happy to negotiate reasonable fixed fee for assisting you with your restraining order matter. Our lawyers can appear for you in Perth, Midland, Fremantle, Armadale, Rockingham, Mandurah, Joondalup, Bunbury and other regional areas of Western Australia.