Restraining Orders in WA: Everything You Need To Know

What is a family violence restraining order?

A family violence restraining order is an order of the Magistrates Court of Western Australia designed to prevent the occurrence of family violence by making it unlawful for a family member to do certain things that may otherwise be lawful. For example a family violence restraining order may restrain a family member from approaching with in a certain distance of the protected person, attending his or her work or place of residence, communicating with the protected person or stalking the protected person.

What is a violence restraining order?

A violence restraining order is an order of the Magistrates Court of Western Australia designed to prevent the occurrence of personal violence or exposing a child to personal violence. A restraining order makes it illegal for the person to approach you or your property or use other people to contact you or to try other means of contact such as SMS, mail or email.

What is a misconduct restraining order?

A misconduct restraining order is an order of the Magistrates Court of Western Australia making it unlawful for a person (not being a family member) to do certain things in order to try and stop them from continuing their disruptive, offensive, destructive or otherwise poor behaviour.

Do I need a restraining order?

You should consider applying for a restraining order made by a Magistrate of the Magistrates Court if you require protection from someone who commits family violence or personal violence against you, threatens you or your property harasses or intimidates you and you are concerned that the behaviour will continue in the future.

How do I apply for a restraining order?

You can attend your local Magistrates Court and complete and file an application for a particular restraining order. There is no fee involved in filing the application. Most applications are dealt with within 24 hours and in the absence of the respondent.  

Should I object to a restraining order becoming final?

Advice depends on the circumstances of each particular case. There may be other more appropriate options than a restraining order and, in those circumstances, it may be wise to object to the order becoming final. 

Should I get legal advice if I receive a restraining order?

Yes. Restraining orders are very serious matters and consequences for failing to comply with orders are severe.

Do I need legal advice to apply for a restraining order?

You do not need legal advice to apply for a restraining order but it is advisable to obtain legal advice as, depending on your particular circumstances, there may be other more preferable options.

How do I apply for a restraining order?You can attend your local Magistrates Court and complete and file an application for a particular restraining order. There is no fee involved in filing the application. Most applications are dealt with within 24 hours and in the absence of the respondent.