If at any time you have concerns about your immediate safety, call the police on 000. If appropriate, they may issue a Police Order for your urgent protection.
For non-urgent help and support, contact the Family Violence Service if you are experiencing family violence.
A restraining order is designed to prevent acts of family or personal violence. It is an order of the court which prohibits the person who is bound by the order from doing certain things, such as coming within a certain distance of or attempting to contact the protected person (either in person, by SMS, email, social media or through a third party).
Having a restraining order allows police to intervene on behalf of the protected person if the conditions of the order are breached. A person who breaches an order can be charged by police with a criminal offence.
When discussing restraining orders, we use the terms ‘applicant’ and ‘respondent’ to identify the parties involved. The term ‘applicant’ refers to the person who is seeking protection, while the ‘respondent’ refers to the person the restraining order is requested against.
There are different kinds of orders that can offer you protection.
- Police Orders
- Family Violence Restraining Orders
- Violence Restraining Orders
- Misconduct Restraining Orders
How to apply?
If you can travel, the fastest way to obtain a restraining order is by attending your nearest court.
Restraining orders against adults can be applied for through any Magistrates Court. Orders against children (under 18) must be applied for through the Children’s Court.
You will be required to fill out an application form, which must be lodged in person at any Magistrates Court Registry, either by you or a legal service provider. You can find the application forms and further information on the Magistrates Court website.
If you are not able to attend your local court, you may wish to seek legal advice to explore the option of an online application.
Police Orders
Show moreWhen investigating and responding to incidents involving family violence, the police can issue a temporary restraining order, called a Police Order.
Police Orders can last for up to 72 hours and help give protection from a family member while you decide if you want to apply for a Family Violence Restraining Order.
If someone breaches any of the restrictions on a Police Order before it expires, they could be arrested and charged with an offence.
For more information about Police Orders, contact the police on 131 444 or visit these websites:
Family Violence Restraining Orders
Show moreIf you want protection from violence, threats, or abuse from a family member (or former family member), you may want to apply for a Family Violence Restraining Order (FVRO).
A FVRO can be obtained against someone you share a family and/or domestic relationship with. These relationships include, marriage, defacto, partners, ex-partners, related to each other (including by culture or kinship), or otherwise in an intimate or family-type relationship
A FVRO is a court order that is intended to protect you from a person who:
- Has committed family violence against you and is likely to commit family violence against you again; or
- Behaves in a way that makes you believe that family violence will be committed in the future.
There is no fee for applying for a FVRO.
A FVRO can be made with conditions to suit your situation, but ordinarily it requires the respondent:
- To stay away from you
- To stop trying to communicate with you
- To stop behaving in certain ways toward you.
If you have already been attacked or threatened with violence, a criminal offence may also have been committed. You should report this to the police and ask for an incident report number.
When a FVRO is made, the court will also make an order preventing the respondent from having a firearm license or any guns. It is essential you inform the court or the police if you are aware that the respondent has access to guns.
Need more information?
For general enquiries about the application process:
Magistrates Court - Contact Information and Locations.
Legal Aid WA’s Domestic Violence Legal Unit
Phone: 61 8 9261 6804
Website: Help with restraining orders
For specific family violence assistance and in-court support:
Family Violence Service
Phone: 1800 600 476
Email: FamilyViolenceService@justice.wa.gov.au
Website: Family Violence Service
Information on legal advice.
Additional resources
Violence Restraining Orders
Show moreIf you need protection from someone who is not a family member or intimate partner, you may be able to apply for a Violence Restraining Order (VRO).
A VRO is a court order that is intended to protect you from a person who:
- Has committed personal violence against you and is likely to commit personal violence against you again; or
- Behaves in a way that makes you believe that personal violence will be committed in the future.
There is no fee for applying for a VRO.
A VRO can be made with conditions to suit your situation, but ordinarily it requires the respondent:
- To stop coming to or near where you live or work
- To stop trying to communicate with you
- To stay a certain distance away from you
If you have already been attacked or threatened with violence, a criminal offence may also have been committed. You should report this to the police and ask for an incident report number.
When a VRO is made, the court will also make an order preventing the respondent from having a firearm license or any guns. It is essential you inform the court or the police if you are aware that the respondent has access to guns.
Need more information?
For general enquiries about the application process:
Magistrates Court - Contact Information and Locations.
Information on legal advice.
Additional resources
Misconduct Restraining Orders
Show moreYou can apply for a Misconduct Restraining Order (MRO) against someone who is not a family member, if you need protection because of their disruptive, offensive, intimidatory, or destructive behaviour.
A MRO prohibits a person from doing certain things, in order to try and stop them from continuing their poor behaviour. This person might be a neighbour, colleague, or member of a club or association.
There are fees applicable when lodging a MRO.
A MRO can be made with conditions to suit your situation, but ordinarily it requires the respondent:
- To stop coming to or near where you live or work
- To stop trying to communicate with you
- To stay a certain distance away from you
You may wish to seek legal advice to determine whether seeking an MRO is appropriate.
Need more information?
For general enquiries about the application process:
Magistrates Court. - Contact Information and Locations.
Additional resources
Interstate or overseas restraining orders
Show moreAustralia now has a system that allows for family violence-related restraining orders to be enforced nation-wide, without having to register the order in each individual state or territory. This system is called the National Domestic Violence Order Scheme. The Scheme also applies to Police Orders.
If you have a family violence-related restraining order from certain countries, you may also be able to apply to have it registered and enforced in Western Australia. You can then apply to have it recognised across Australia.
Refer to the following websites for more information about these processes:
Legal assistance
Show moreIf you cannot afford a private lawyer, you may be able to seek legal advice from:
Online applications for restraining orders
Show moreOnline applications can only be made by legal service providers. You cannot lodge an online restraining order application yourself.
The online restraining order application service has been introduced to make it possible for people seeking FVROs or VROs to lodge their application without attending a court registry.
While lodging an online application through a legal service provider removes the need to attend a registry, you may still be required to attend court at a later stage.
Online applications can only be lodged by legal service providers who have been approved by the Department of Justice. The following legal service providers have been approved:
If you are a private legal practitioner or a law firm and would like to become an approved legal service provider, complete the registration form and send to crt-mc-managementgroupforms@justice.wa.gov.au