Applying for a Restraining Order

A restraining order is a court order designed to protect you from someone’s behaviour — such as violence, threats, harassment, intimidation, or property damage — where you are concerned it may continue. 

There are three main types:

• Family Violence Restraining Order (FVRO) – for protection from a family member or someone you’re in (or were in) a family relationship with.  
• Violence Restraining Order (VRO) – for protection from someone who is not a family member.  

Misconduct Restraining Order (MRO) – for ongoing disruptive, offensive, or destructive behaviour (like a neighbour dispute), where there isn’t violence but you still need legal protection.

It depends on the relationship and behaviour:

• If the person is a partner, ex-partner, relative, or someone in a family or intimate relationship, an FVRO applies.  
• If there’s no family or prior intimate relationship, and the behaviour involves threats or violence, a VRO applies.  

If the behaviour is offensive, nuisance-type conduct, trespass, or property interference without violence, an MRO may be appropriate. 

Restraining orders are usually applied for through the Magistrates Court. If the respondent is under 18, applications are made in the Children’s Court. 

No. There is no court filing fee to apply for a restraining order in WA.

You’ll need to complete an application and affidavit, setting out what has happened and why you need protection. The affidavit should include specific examples of the behaviour and why you fear it may continue.

Helpful evidence can include:

• Text messages, emails, social media posts;
• Photos of injuries or property damage;
• Medical or counselling records;
• Police reports;

Witness statements.
Even if you don’t have all of this, your affidavit is still evidence and can be enough to obtain interim protection in the right case. 

You’ll usually be listed before a Magistrate in a closed court hearing. The Magistrate may:

• Grant an interim restraining order, 
• Dismiss the application if the legal test isn’t met, or
• In some cases, adjourn the hearing to enable the respondent be heard on the application.

Often, the first hearing happens without the respondent present, especially if you ask for them not to attend. If the order is granted, they will later be served and can respond.

An interim order only takes effect once police serve it on the respondent. You should carry a copy and report any breach immediately.

Interim orders remain in place until the matter is finalised. If a final order is made, it usually lasts for two years but is always a set period decided by the court, depending on the circumstances. At the expiration of the period an application can be brought to extend the period, depending upon the circumstances.

If there’s immediate danger, call police. Police can sometimes issue a short-term police order, and you can apply for a court order as soon as possible after. 

Some restraining order applications can be lodged electronically in certain situations, though many applicants still file in person. We can advise on the best option for your circumstances.

We can help you by:

• Confirming you’re applying for the right type of order;
• Drafting a strong affidavit with clear, detailed grounds;
• Preparing evidence and witnesses;
• Representing you in court; and
• Ensuring the order protects you properly and is enforceable.

Contact Perrella Legal today for confidential advice and support with your restraining order application.