The law in relation to Restraining Orders in Western Australia changed on 1 July 2017.
There are now Violence Restraining Orders (“VROs”); Conduct Restraining Orders for parties not in a family relationship; and Family Violence Restraining Orders (“FVROs”) which apply to parties specifically in a family relationship.
Violence Restraining Orders
We will advise and represent you in relation to obtaining a Violence Restraining Order.
A VRO is a Court Order designed to stop future acts of personal violence by one person against another person they are not in a family relationship with.
It tells the perpetrator to stay away from you and stop behaving in a particular manner towards you.
Personal violence means one of the following acts that a person commits against another person they are not in a family relationship with:
- Assaulting or causing injury;
- Depriving the liberty of the person;
- Threatening to do any of the above; and
Even if the person has a third party act on their behalf they will be taken to have committed personal violence.
To obtain a VRO you must be able to show the Court that:
- The Respondent has committed personal violence and is likely in the future to commit personal violence against you, or
- You have reasonable grounds to apprehend that they will commit personal violence against you.
The Court also has to consider whether it is appropriate in the circumstances to make a VRO.
A VRO includes conditions preventing the person bound from:
- Being on or near your home or place of work or study;
- Approaching within a certain distance of you;
- Communicating or attempting to communicate with you in any way, including through social media, texting, ringing, emailing or writing- even through other people;
- Stalking you;
- Intimidating you;
- Stopping you from using personal property you need;
- Being in possession of firearms, ammunition or a firearms licence; and
- Getting another person to do any of these things to you.
Family Violence Restraining Orders
We will advise and represent you in relation to obtaining a Family Violence Restraining Order.
A FVRO is a Court Order designed to stop future acts of personal violence by one family member against another family member and to protect children from family violence.
The definition of family violence has been expanded to include: coercion, control and fear.
Under the amended Act the Court can make a Family Violence Restraining Order when:
- The Respondent has committed family violence against a family member and the Respondent is likely to do so again in the future; or
- The family member has reasonable grounds to believe the Respondent will commit family violence against the family member.
The Court must make an Order unless there are “special circumstances” that would make the Order inappropriate.
The matters to be considered are as follows:
- The need to ensure the person seeking to be protected is protected from family violence;
- The need to prevent behaviour that could be expected to cause the person seeking protection to believe they will have family violence committed against them; and
- The need to ensure the wellbeing of children by protecting them from family violence.
At WA Family Legal, we will help you by:
- Assisting with your Application;
- Negotiating with the parties and their legal representatives;
- Preparing for and representing you at any Interim Hearings;
- Drafting an Undertaking;
- Summonsing evidence and witnesses;
- Drafting witness statements;
- Filing documents in the Court; and
- Representing you at a Final Order Hearing.