How to Obtain a Restraining Order in Western Australia: A Step-by-Step Guide

✅ The Quick Answer:

To get a restraining order in WA:

Identify the right order (FVRO, VRO, or MRO)
Complete and lodge the application (online or at court)
Attend a hearing (may be ex parte)
Police serve the interim order
If contested, attend a final hearing for a long-term order

What Is a Restraining Order?

A restraining order is a court order designed to protect you from violence, threats, stalking, or harassment. It places legal boundaries on another person (the respondent) to stop them from contacting you, approaching you, or behaving in certain ways.

Breaching a restraining order is a criminal offence in WA and can lead to fines or imprisonment. If you feel unsafe or threatened, a restraining order may be the first step toward regaining control and peace of mind.

Types of Restraining Orders in WA

There are three main types of restraining orders in Western Australia. The type you apply for depends on your relationship with the respondent and the nature of the behaviour you’re experiencing.

1. Family Violence Restraining Order (FVRO)

An FVRO protects you from family violence, which includes:

Physical violence or threats
Emotional, psychological or verbal abuse
Controlling behaviour (coercive control)
Financial abuse
Threats to pets or property damage

You can apply for an FVRO against:

A current or former partner
A family member (e.g. parent, child, sibling)
Someone you are or were in a domestic relationship with

✅ No court fee applies for FVROs.

2. Violence Restraining Order (VRO)

A VRO is for when the person threatening or harassing you is not a family member. This could be:

A neighbour
A co-worker or acquaintance
A stranger

You can apply if the person has:

Assaulted or threatened you
Stalked or intimidated you
Damaged your property
Made you fear for your safety

✅ VRO applications are also free of charge.

3. Misconduct Restraining Order (MRO)

An MRO applies in less serious but disruptive situations, such as:

Ongoing disputes with a neighbour
Offensive behaviour at work or school
Harassment that doesn’t involve threats of violence

MROs help stop behaviour that is inappropriate but not necessarily violent.

💰 A fee may apply, but it can be waived in financial hardship.

Common Scenarios We Help With

You may be eligible for a restraining order if:

Your ex-partner keeps turning up at your workplace uninvited
A neighbour sends abusive messages or threatens you
A family member is verbally abusive and controlling
Someone is stalking you online or in person

📞 Not sure where you stand? Book a confidential chat with us today.

How to Apply for a Restraining Order in WA – Step-by-Step

Step 1: Choose the Right Order

Determine whether your situation requires an FVRO, VRO, or MRO. If you’re unsure, speak with a lawyer.

Step 2: Gather Evidence

The stronger your evidence, the better your chances. This can include:

Police reports
Medical records
Texts, emails, or social media messages
Photos of injuries or damage
Witness statements

Step 3: File the Application

You can apply:

In person at your local Magistrates Court or Children’s Court
Online via an authorised support service (for FVROs)
Through police, who can issue a 72-hour police order if it’s urgent

Step 4: Attend the Initial Hearing

This is often an ex parte hearing (without the respondent present). The court may issue an interim restraining orderbased on your affidavit and oral evidence.

Step 5: Police Serve the Order

The WA Police will serve the interim order on the respondent. They have 21 days to respond.

Step 6: Final Hearing (if contested)

If the respondent objects, the court will schedule a final order hearing where both sides present evidence. A final restraining order can be made if the court is satisfied that protection is necessary.

What Happens If the Order Is Breached?

Breaching a restraining order is a serious criminal offence under WA law. Penalties include:

Fines
Imprisonment
Criminal conviction

Always report breaches to police immediately.

How Long Does a Restraining Order Last?

A final order typically lasts 2 years, unless the court orders otherwise. In extreme cases, it can be indefinite (life-long).

Do I Need a Lawyer?

You can apply on your own—but having a lawyer can:

Help you draft a strong application
Advise you on evidence
Appear in court on your behalf
Protect you from cross-examination in FVRO matters

At AviorLaw, we specialise in urgent and sensitive restraining order matters. We offer fixed-fee advice and compassionate, practical legal support.

Why Choose AviorLaw?

✅ Discreet, judgment-free legal guidance

✅ Quick turnaround on urgent applications

✅ Local knowledge of WA Magistrates Courts

✅ Supportive and clear communication at every stage ✅ One-to-one personalised support and care

Need a Restraining Order? We Can Help – Fast.

🛑 Don’t wait until it’s too late. Whether it’s family violence, online stalking, or repeated harassment—we take action quickly to protect your safety.

📞 Call AviorLaw today for a free 15-minute consult or book online.

🔒 Your safety is our priority. Fixed fees. Urgent advice available.

Want to make sure you don’t miss anything? Download our FREE Restraining Order Checklist and get prepared to protect yourself.

Disclaimer: This blog is for general informatio

n only and does not constitute legal advice. For advice tailored to your situation, contact a qualified lawyer.