Making the decision to seek legal protection against a former partner is incredibly difficult. It often comes at a time of high stress and fear, and the path forward can feel uncertain. Taking that first step towards ensuring the safety of you and your family is a profound act of strength. If you are experiencing harassment, threats, or any form of family violence, it’s important to seek legal advice.
A protection order is a legal tool designed to keep you safe. Understanding how to get a restraining order is the first step towards securing your peace of mind. This guide will walk you through the process for obtaining one in Western Australia.
Understanding what a restraining order is
A restraining order is an order made by a court that sets limits on the behaviour of another person. Its primary purpose is to protect you from harm, intimidation, or harassment. In Western Australia, the key protection order for your situation is likely a:
- Family Violence Restraining Order (FVRO): This order is specifically for situations where family violence has occurred between people who are or were in a family relationship, such as a former partner or family member.
Family violence is not limited to physical harm; it can include emotional abuse, financial control, stalking, property damage, and other behaviour that causes physical and mental harm or makes you feel fearful.
It’s worth noting that while Western Australia uses the term Family Violence Restraining Order, you may hear other terms used in different Australian states and territories, such as an Apprehended Domestic Violence Order or a Family Violence Intervention Order. They all serve a similar protective purpose.
When it might be time to consider a restraining order
It can be difficult to know when behaviour crosses the line from a difficult separation to something that requires legal intervention. You may need to consider applying for a restraining order if your ex-partner has:
- Committed an act of family violence against you or your children.
- Threatened you, your children, or your property.
- Stalked, harassed, or intimidated you, either in person, online, or through messages and phone calls.
- Behaved in a way that makes you genuinely fear for your safety or the safety of your children.
- Coercion and control, where one partner uses manipulation, intimidation, and restriction to dominate the other.
- Monitored you by way of accessing your phone, messages, or social media.
- Controlling your access to money or essential item.
- Isolating you from friends, family, or community.
- Dictating what they wear or where you can go.
- Making constant threats, such as taking away children or revealing some personal information about you.
Your safety is the priority. If you feel unsafe, it is always worth exploring your options for Personal Safety Intervention Orders.
The process: how to get a restraining order in Western Australia
Although the court process seems overwhelming, it provides an accessible path for people, especially in urgent situations. Here are the key steps involved.
1. Completing the application
The first step is to fill out the correct application forms for an FVRO. You can get these forms from your local court, which in Western Australia is the Magistrates Court, or find them online. In the application, you will need to provide details about the person you want the order against and explain the reasons you need protection. Be as specific as possible, including dates, times, and descriptions of incidents.
2. Filing the application with the court
Once completed, you will file the application at the Magistrates’ Court. There is no fee for filing an application for a Family Violence Restraining Order. When you file, you will need to swear or affirm that the information you have provided is true by signing an affidavit.
3. Gathering your evidence
Strong evidence is crucial. The court needs to be satisfied that there are sufficient grounds to make an order. Evidence can include copies of threatening messages, photos of injuries or property damage, police reports, and a diary of incidents.
4. The first court hearing
After you file your application, the court will schedule a hearing. At this first court hearing, a magistrate will review your application. If they believe there is enough evidence for immediate protection, they may grant an interim restraining order. This is a temporary order that comes into effect once served on the respondent and stays in place until the next court date.
What to expect at the court hearing
The respondent has the right to object to the restraining order. If they do, the court will set a date for a trial to decide on final orders. This is a more detailed court hearing where both you and the respondent will have the chance to present evidence. The magistrate will listen to both sides before deciding whether to grant a final restraining order. Throughout the entire process, the court prioritises the safety of those at risk.
Understanding the conditions of the restraining order
A restraining order imposes specific conditions on the respondent. For example, it can prohibit them from contacting you or coming within a certain distance of your home or workplace. Final orders typically last for two years, but the court has the discretion to change this period based on the circumstances. The order only becomes legally binding once the police have served a copy of it to the respondent.
What should you do if your ex breaches the restraining order?
It is a serious criminal offence to breach a restraining order. If your ex-partner violates any of the conditions, you should contact the police immediately. The police can charge the person for the breach, which can result in significant penalties.
You don’t have to face this alone
Learning how to get a restraining order is a critical step, but you don’t have to navigate it by yourself. At Loukas Law, we ground our legal services in family law expertise and a deep understanding of the sensitivity these matters require. We have a zero-tolerance approach to family violence and are committed to guiding you with strength and compassion.
While our team provides specialised private legal services, it is also worth investigating if you are eligible for assistance from Legal Aid WA.
The most important step is the first one. If you are concerned for your safety, we strongly encourage you to seek legal advice. Book a consultation with our dedicated team to get the expert support you need to move forward with confidence.