In WA, restraining orders are legal orders designed to protect individuals from harm or harassment. Each category of RO is provided for within a single act – the Restraining Orders Act 1997 (WA). The Act provides several types of restraining orders, each with different purposes and requirements.
The key classes of restraining orders in Western Australia are:
1. Violence Restraining Order (VRO)
- Purpose: To protect an individual from violence, or the threat of violence, by another person.
- Who can apply: The person seeking protection (the “aggrieved person”) or the police.
- Grounds for the order:
- The aggrieved person must show that the respondent (the person to be restrained) has used or threatened violence against them.
- The applicant must believe that they are at risk of further violence or harm.
- Conditions: A VRO can include conditions prohibiting the respondent from approaching, contacting, or intimidating the aggrieved person. It can also address issues such as property damage or threats.
- Duration: A VRO is typically made for a period of 12 months but may be extended or made permanent under certain circumstances.
2.Misconduct Restraining Order (MRO)
- Purpose: To protect an individual from a range of misconduct, such as harassment, intimidation, or threatening behaviour.
- Who can apply: The person seeking protection (the “aggrieved person”) or the police.
- Grounds for the order:
- The applicant must show that the respondent has engaged in misconduct, such as unreasonable conduct that causes distress, fear, or harassment.
- The misconduct does not need to be violent or involve threats of violence.
- Conditions: The order can include conditions prohibiting harassment, contact, or other forms of misconduct.
- Duration: An MRO can be issued for up to two years, and like a VRO, it can be extended or made permanent under certain circumstances.
3. Police Order
- Purpose: A temporary order to protect an individual immediately in cases of family violence or urgent risk.
- Who can apply: The police can apply for a Police Order.
- Grounds for the order: The police must believe that an individual is at risk of immediate harm or violence.
- Conditions: The Police Order can place restrictions on the respondent’s behaviour, such as prohibiting contact or requiring them to stay away from the aggrieved person. This is a temporary measure pending a court hearing for a more permanent order.
- Duration: A Police Order can last for up to 72 hours but can be extended in certain cases.
4. Family Violence Restraining Order (FVRO)
- Purpose: A specific type of restraining order designed to protect individuals from family violence.
- Who can apply:
- The person seeking protection (the “aggrieved person”) or the police.
- It is most commonly used in cases where the parties are family members, including spouses, partners, or children.
- Grounds for the order: The applicant must show that the respondent has committed family violence, which includes physical, emotional, psychological, or financial abuse.
- Conditions: The FVRO can impose restrictions such as preventing the respondent from coming near the aggrieved person, contacting them, or engaging in abusive behaviour. It may also involve orders regarding the care of children or property.
- Duration: The order may be temporary or final. Final FVROs typically last for 12 months, but they can be extended or made permanent under certain circumstances.
Key Differences:
- Violence Restraining Orders (VROs) focus specifically on situations involving actual or threatened violence.
- Misconduct Restraining Orders (MROs) are broader and cover a range of harmful behaviours like harassment or intimidation, even if they don’t involve physical violence.
- Police Orders are temporary emergency orders made by police to provide immediate protection.
- Family Violence Restraining Orders (FVROs) are specialized orders used in cases of family violence and abuse.
Applying for a Restraining Order:
- Who can apply: The aggrieved person or the police. In some cases, a person may need legal representation to help with the application process.
- Process:
- A person seeking a restraining order must apply to the Magistrates Court.
- If there is an immediate risk, the court may issue a temporary order until a full hearing can take place – called an interim Order and most commonly issued for VRO or FVRO’s.
- A final order may be issued after the court considers the evidence, including whether the respondent’s behaviour justifies the order.
It’s important to consider whether you would benefit from legal advice before or after applying for an Order, if you’re unsure about what you need to do, or what you need to apply for.
Contact our office today to discuss how we can assist you through the application and hearing process.