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Responding to a Restraining Order

Responding to or Objecting to a Restraining Order in Western Australia

Being served with a Violence Restraining Order (VRO), Family Violence Restraining Order (FVRO), or Misconduct Restraining Order (MRO) can have serious consequences for your employment, firearms licence, family arrangements, reputation, and future court proceedings. If you have been served with a restraining order in Perth or elsewhere in Western Australia, it is critical to obtain early advice from an experienced restraining order lawyer.

How Long Do You Have to Respond?

If you have been served with an interim restraining order, you generally have 21 days to respond. You may choose to:

  • Consent to the restraining order becoming final; or
  • Lodge an objection to challenge the order in court.

If no response is filed within 21 days, the interim restraining order will usually become a final order automatically.

However, even if the deadline has passed, it may still be possible in some circumstances to apply to have the final restraining order set aside or reopened. Early legal advice is essential because delay can affect your options.

What Happens If You Object?

If you lodge an objection, the Magistrates Court will list the matter for a Final Order Hearing (sometimes called a defended hearing). At that hearing:

  • Both parties may give evidence;
  • Witnesses may be called;
  • Documents, messages, photographs, or recordings may be tendered; and
  • Each side can be cross-examined.

It is extremely important to attend court. If you fail to appear, the Court may make the restraining order final in your absence.

Can the Matter Be Resolved Without a Hearing?

Many restraining order matters can be resolved without proceeding to a fully contested hearing. Depending on your circumstances, options may include:

  • Offering an undertaking to the Court (a formal promise about future conduct);
  • Negotiating amendments to the proposed order;
  • Consenting to the order without admissions; or
  • Seeking withdrawal of the application.

Consenting to a restraining order “without admissions” can sometimes avoid the stress, cost, and uncertainty of litigation while still protecting your legal position.

Why Legal Representation Matters

Restraining order proceedings often involve complex factual disputes and highly emotional allegations. A final restraining order can affect:

  • Parenting and Family Court matters;
  • Employment and professional licences;
  • Firearms ownership;
  • Police clearances and Working With Children Checks; and
  • Future criminal proceedings if allegations of breach arise.

At Perrella Legal, our experienced Perth restraining order lawyers can:

  • Advise whether you have grounds to oppose the order;
  • Prepare objections and court documents;
  • Negotiate with the other party or their lawyers;
  • Represent you at contested hearings in the Magistrates Court; and
  • Work strategically to minimise the long-term consequences of the proceedings.

Speak With a Perth Restraining Order Lawyer Today

If you have been served with a Violence Restraining Order (VRO), Family Violence Restraining Order (FVRO), or Misconduct Restraining Order (MRO), do not ignore it. Strict time limits apply, and early legal advice can make a significant difference to the outcome.

Contact Perrella Legal today for confidential advice and experienced representation from a Perth restraining order and criminal defence lawyer.

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Frequently Asked Questions

If a police officer has handed you an interim restraining order (FVRO, VRO or MRO) it means you have been served. In some cases, this can be done over the telephone. An interim restraining order is made by the court at a hearing in your absence, and it takes effect as soon as police serve it on you.

Yes. Once served, the interim order is legally binding.  If you fail to comply with any condition of the order, it is a criminal offence. However, because it is an interim order you can object to the order being made final.

You have 21 days from the date you were served to either:

  • Consent to the order becoming final, or
  • File an objection with the Court.

If you do not file and objection (or do nothing) the interim order becomes a final order.

The interim order you received will have an objection form attached to it. If it does not, contact the Court to get the objection form or, if urgent, contact us to prepare the form for you to file with the Court. You must file the objection form at the same Magistrates Court registry that issued the interim order.

If you object, the matter is listed for a mention and then a final order hearing. The interim order stays in force until the final hearing, unless the court varies or cancels it earlier. 

Yes. After you file your objection, you are entitled to request copies of:

  • The applicant’s written application and affidavit; and
  • A transcript or recording of the interim hearing. The usual Court fee for obtaining Court transcript will be waived. 

You should seek urgent legal advice. In some cases, it may still be possible to apply to have the final order set aside and replaced with a fresh interim order you can object to — but this depends on the delay and reason.

You can agree to a final order without admitting the allegations. This is called a Conduct Agreement Order (CAO). This avoids a contested hearing but still results in a final restraining order being made, and even though it is called a Conduct Agreement Order it is fully enforceable in every way that a restraining order is enforceable. A breach a CAO is a criminal offence in the same way as a breach of any other restraining order.

An undertaking is a formal promise to the court to behave in a certain way. If both parties agree (and this is ordinarily difficult to achieve), an undertaking can replace the restraining order process and end the case without a final order. Importantly, undertakings are not enforceable like restraining orders so any ‘breach’ of an undertaking cannot be prosecuted as an offence.

At the final hearing, the applicant must persuade the Magistrate on the balance of probabilities that there are grounds for the order. You can:

  • Challenge the evidence led by the applicant;
  • Give your own evidence;
  • Call witnesses to support your evidence; and
  • Make legal submissions.

If you don’t attend a final order hearing, the court may proceed without you and make the order final in your absence.

Yes. You can apply to vary or cancel an interim order if conditions are unreasonable or unworkable, or if circumstances have changed.  

Every case is different, but common arguments include:

  • The alleged behaviour did not occur;
  • The applicant is not genuinely fearful or there is no risk of repetition;
  • The order is too broad or unnecessary;
  • There are contradictions in the evidence; or
  • The matter can be resolved by an undertaking or narrower conditions.

Final orders (and often interim orders) can have major flow-on effects — including firearms disqualification and problems with security clearances or employment.

We can assist by:

  • Explaining your options clearly and quickly;
  • Helping you lodge an objection within time;
  • Obtaining and analysing the applicant’s evidence;
  • Negotiating undertakings or no-admissions resolutions; and
  • Representing you at the final hearing to protect your rights and reputation.

Contact Perrella Legal today for confidential advice if you’ve been served with a restraining order.

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