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Western Australia

Family violence restraining orders in Western Australia

How family violence restraining orders (FVROs) work in Western Australia — 72-hour police orders, applying at the Magistrates Court, interim orders and the 21-day objection period, final orders, and what happens if an order is breached.

Checked against official sources on 8 Nov 2026. General information, not legal advice. No lawyer or solicitor has reviewed this page.

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Overview

If you are in immediate danger, call the police on triple zero (000). To report family violence that is not an emergency, call 131 444. The Women's Domestic Violence Helpline operates 24 hours a day on 1800 007 339, the Men's Domestic Violence Helpline is on 1800 000 599, and 1800RESPECT is available nationally on 1800 737 732. This page is general information about the law in Western Australia, not legal advice.

Western Australia uses restraining orders rather than intervention or protection orders. The Restraining Orders Act 1997 (WA) provides for three kinds. A family violence restraining order (FVRO) protects a person from family violence by a family member — a current or former spouse or de facto partner, a relative (the law takes cultural, social and religious backgrounds into account in deciding who is related), a person in an intimate or other close personal relationship, a child who lives or regularly stays with the person, or the former partner of a current partner. Family violence includes violence and threats, and any behaviour or pattern of behaviour that coerces or controls a family member or makes them fearful. A violence restraining order (VRO) covers personal violence outside a family relationship. A misconduct restraining order (MRO) deals with behaviour that is intimidating or offensive but not violent.

There is a fourth, immediate option in Western Australia. Police who respond to family violence can make a police order on the spot, without needing the consent of the person being protected. It lasts up to 72 hours once it is served on the other person, which gives breathing space to get to court. FVROs are civil orders made by the Magistrates Court of Western Australia (or the Children's Court where a child is involved), and they are not criminal convictions — but breaching one is a criminal offence that can lead to a fine, imprisonment or both.

Who this is for

  • You are being hurt, threatened or controlled by a partner, former partner or family member in WA
  • Police made a 72-hour police order after attending your home
  • You want to apply for a family violence restraining order at the Magistrates Court
  • You have been served with an interim FVRO and want to know whether to object
  • The respondent has breached the conditions of an FVRO or a police order
  • You want to vary, cancel or extend an existing restraining order
  • Your matter involves both a restraining order and a case in the Family Court of Western Australia
  • You have moved to WA with a protection order made in another state or territory
LegislationShow
  • Restraining Orders Act 1997 (WA) (WA)

    The main Act. It defines family violence, provides for family violence restraining orders, violence restraining orders and misconduct restraining orders, gives police power to make police orders lasting up to 72 hours after service, sets out the interim order and 21-day objection procedure, and creates the offence of breaching a restraining order or police order. Since November 2024 the definition of family violence has expressly covered a pattern of behaviour that, taken as a whole, coerces or controls a family member or makes them fearful.

  • Criminal Code Act Compilation Act 1913 (WA) (WA)

    Contains the criminal offences often charged alongside a restraining order application, including common assault, assault causing bodily harm, suffocation and strangulation, persistent family violence, threats, stalking and criminal damage.

  • Family Law Act 1975 (Cth) (CTH)

    Governs parenting and property matters after separation. In Western Australia the Family Court of Western Australia applies it to the children of married parents, and the Family Court Act 1997 (WA) has matching rules for other children. Sections 68P to 68R (sections 174 to 176 of the WA Act) deal with how family violence orders and parenting orders interact. A court making or varying an FVRO can revive, vary, discharge or suspend a parenting order to the extent it provides for a child to spend time with a person, but cannot discharge one at an interim hearing.

Courts and tribunalsShow
  • Magistrates Court of Western Australia

    Hears applications for family violence restraining orders, violence restraining orders and misconduct restraining orders, makes interim and final orders, and deals with charges for breaching an order.

  • Children's Court of Western Australia

    Hears restraining order applications involving children. An FVRO application against someone under 18 must be made here, and an application to protect a child from an adult can be made here or in the Magistrates Court. It also hears protection and care cases.

  • Family Court of Western Australia

    Western Australia is the only state with its own family court. It deals with parenting, property and de facto matters, and its parenting orders interact with FVROs made in the Magistrates Court.

  • Western Australia Police Force

    Responds to family violence, can make a police order lasting up to 72 hours after service without anyone's consent, applies for FVROs, serves orders, and investigates and prosecutes breaches.

ProcessShow

  1. 01Emergency response and police order

    Police who attend a family violence incident can make a police order where they reasonably believe family violence has been or is likely to be committed, an order is needed to keep someone safe, and it is urgent or not practical to get to court (for example, because the court is closed). It takes effect when it is served on the person bound, lasts up to 72 hours from then, and lapses if it is not served within 24 hours. It can stop the person coming to or near your home, approaching you or contacting you, and does not require the protected person's consent.

    Typical timeframe: Same day; lasts up to 72 hours after service

  2. 02Applying for an FVRO

    If you are 16 or older you can apply yourself. Lodge the application in person at any Magistrates Court registry, or online if an approved legal service provider such as Legal Aid WA or Aboriginal Family Legal Services lodges it for you. If the respondent is under 18, the application goes to the Children's Court. There is no court fee. Police can apply on behalf of an adult or a child, a parent, guardian or child protection officer can apply to protect a child, and a guardian appointed under the Guardianship and Administration Act 1990 (WA) can apply for the person they act for.

    Typical timeframe: Can be lodged the same day

  3. 03Interim hearing

    Unless you choose to go straight to a hearing with both sides, the court first deals with an FVRO application in closed court without the respondent present. A magistrate can make an interim FVRO if satisfied that the respondent has committed family violence and is likely to again, or that you have reasonable grounds to fear they will. If it is urgent or not practical to get to court, police can help you apply to a magistrate by telephone.

    Typical timeframe: As soon as possible, sometimes the same day

  4. 04Service and the 21-day objection period

    Police serve the interim order on the respondent, and it can be enforced from then. Once served, the respondent has 21 days to consent or object to a final order by returning the form on the back of the notice. If they consent, or return nothing within 21 days, the interim order becomes a final order without a further hearing.

    Typical timeframe: 21 days from service

  5. 05Conference, mention and preparation

    If the respondent objects, the interim order stays in force. Where both sides agree and the court offers it (currently Perth, Fremantle, Joondalup, Armadale and Bunbury Magistrates Courts), the case goes to an FVRO conference run by a registrar, with free lawyers available to both sides. Otherwise the court lists the case for a mention or directions hearing and then a final order hearing.

    Typical timeframe: Depends on the court's list

  6. 06Final order hearing

    Both parties give evidence and can be cross-examined. The person seeking protection can have an approved support person, the court can use screens or CCTV where needed, and a respondent without a lawyer generally cannot cross-examine a family member directly — questions go through the magistrate or another approved person. The magistrate then decides whether to make the order and on what terms, or to dismiss the application.

    Typical timeframe: Depends on the court's list

  7. 07Final order, variation and cancellation

    A final FVRO lasts for the period the court sets or, if none is set, two years. An order against a child cannot be longer than six months. A lifetime order must be made when an adult is convicted of certain serious violent or sexual offences, unless the victim asks the court not to. Either party can apply to vary or cancel the order, and a respondent needs the court's permission (leave) to apply.

    Typical timeframe: Usually 2 years

Parties

  • Person protected

    The person the restraining order protects. Children can also be named as protected persons.

  • Respondent

    The person the order restrains, who must comply from the moment it is served (being in court when it is made counts as being served).

  • Applicant

    The person seeking the order (you must be 16 or older to apply for yourself), a police officer applying for an adult or a child, or a parent, guardian or child protection officer applying to protect a child.

  • Police officer making a police order

    The officer who makes an on-the-spot police order, which lasts up to 72 hours after it is served.

  • Duty lawyer

    A free lawyer at court on the day. Legal Aid WA runs an FVRO duty lawyer service for applicants at Perth Magistrates Court between 9 am and 1 pm and attends some other courts, and free lawyers help both sides at FVRO conferences.

  • Family violence support worker

    A court or community support worker who assists with safety planning, court preparation and referrals.

Time limits

These are general time limits described in prose. This page does not calculate a deadline for your matter.

  • Police order

    Up to 72 hours after it is served on the person bound, and it lapses if not served within 24 hours of being made. Police do not need anyone's consent, and cannot extend it or make another police order on the same facts

    Source: Restraining Orders Act 1997 (WA) ss 30A, 30F, 30H; WA Police Force — family violence restraining orders

  • Objecting to an interim FVRO

    21 days from service; if the respondent consents or does not object in time, the interim order becomes a final order

    Source: Restraining Orders Act 1997 (WA) ss 31–32; Legal Aid WA — court procedure for FVROs

  • Setting aside a final order made because no objection was returned

    21 days from being told that the interim order has become final. The respondent applies to the court (Form 17) and needs a good reason for not objecting in time; an application after the 21 days also needs a reasonable excuse for the delay

    Source: Restraining Orders Act 1997 (WA) s 32(5)–(7); Legal Aid WA — applying to set aside or appealing a restraining order decision

  • Duration of a final FVRO

    The period the court sets, or two years if none is set. For an interim order that became final because there was no objection, the period runs from when the interim order came into force (usually when it was served). If the respondent was in prison when the order was served, the period generally runs from their release. No more than six months against a child. Lifetime orders on an adult's conviction for certain serious violent or sexual offences

    Source: Restraining Orders Act 1997 (WA) ss 16, 16A, 50A, 63A; Legal Aid WA — court procedure for FVROs

  • Breaching a restraining order or police order

    A criminal offence with a maximum penalty of a $10,000 fine, 2 years' imprisonment, or both. A third breach conviction within 2 years generally leads to a sentence of imprisonment, which can be suspended

    Source: Restraining Orders Act 1997 (WA) ss 61, 61A; Legal Aid WA — consequences of breaching restraining orders

  • Interstate orders in WA

    Family violence orders made anywhere in Australia on or after 25 November 2017, and orders made or varied by a Victorian court on any date, are automatically recognised and enforceable in WA without registration; another older order can be declared recognised if you apply to a court

    Source: Legal Aid WA — interstate and overseas restraining orders; Legal Aid WA — family violence restraining orders (FVROs)

Costs and helpShow

There is no court fee to apply for a family violence restraining order in Western Australia, and a police order or a police application on your behalf costs you nothing. The main expense is a private lawyer if the respondent objects and the case goes to a final order hearing, which can mean several court dates. Legal Aid WA gives free information through its Infoline, runs duty lawyer services, and can grant aid for restraining order cases involving family violence after a matter, means and merits test. Women's Legal Service WA, Aboriginal Family Legal Services and community legal centres also give free legal help. On costs, the court can only order an applicant to pay the respondent's costs if the application was frivolous or vexatious. A respondent who objects and loses at a final hearing can be ordered to pay the applicant's costs, which is a risk worth discussing with a lawyer before objecting.

Legal Aid WA

Free guides on police orders, FVROs, VROs and MROs for applicants and respondents, duty lawyer services, and an Infoline on 1300 650 579 (weekdays 9 am to 4 pm) for legal information and referral.

Where to get help

Practical guidanceShow

What is a police order and what happens when it runs out?

A police order is Western Australia's immediate response tool. When police investigate a family violence incident and reasonably believe family violence has been committed or is likely to be committed, that an order is needed to keep someone safe, and that it is urgent or not practical to get to court, they can make an order on the spot. Police do not need your consent, and they can make an order even if you would rather they did not — the decision is based on their assessment of risk. A police order can stop the other person coming to or near your home or workplace, coming within a set distance of you, and contacting you in any way, even if they own or rent the home. It takes effect when it is served on them and lasts up to 72 hours from then. Breaching it is a criminal offence. Police cannot extend a police order or make another one about the same incident, so the 72 hours is there to give you time to get safe, get legal help, and apply to the Magistrates Court for a family violence restraining order that lasts much longer. Many people use that time to contact the Women's Domestic Violence Helpline or Legal Aid WA, plan where they will stay, and prepare an FVRO application so it can be lodged before the police order runs out.

How does the 21-day objection process work in WA?

Western Australia's process is different from most other states. When you apply for an FVRO, you can choose to have the first hearing without the respondent being told. If the magistrate is satisfied of the legal test, an interim FVRO is made and police serve it. From the date of service, the respondent has 21 days to respond using the form on the back of the notice they receive: they can consent to a final order, or object. If they consent, or do nothing within 21 days, the interim order becomes a final order — there is no further hearing. If they object, the interim order stays in force and the case goes to an FVRO conference (where both sides agree and one is available) or to a final order hearing where both sides give evidence. For a respondent the 21 days matter, because once the order is final, applying to change or cancel it needs the court's permission (leave), which is only given in limited circumstances. A respondent who did not object in time for a good reason can apply to have the final order set aside, generally within 21 days of being told it became final.

What conditions can a family violence restraining order include?

An FVRO is built from conditions the magistrate considers appropriate to prevent family violence. Common conditions stop the respondent from coming to or near where you live or work, being at or near a particular place, coming within a set distance of you, and contacting or trying to contact you by any means, including through another person. The court can also ban stalking and cyber-stalking, ban sharing or threatening to share intimate images, and stop the respondent keeping property you reasonably need. It can exclude them from a home even if they own it or are on the lease, and then sets out how personal belongings can be collected, often once and with police present. Every FVRO, including an interim order, automatically bans the respondent from having firearms or a firearms licence, and they must hand them in. Orders often include exceptions, for example allowing contact through a lawyer, at mediation or family dispute resolution, or to arrange time with the children. Conditions work when they match the protected person's real situation and are clear enough for the respondent to understand and for police to enforce.

What should you do if an FVRO or police order is breached?

Call the police. Breaching a family violence restraining order or a police order is a criminal offence under the Restraining Orders Act 1997 (WA), with a maximum penalty of a $10,000 fine, 2 years' imprisonment, or both. A person convicted of a third breach within 2 years will generally receive a sentence of imprisonment, which can be suspended. If there is enough evidence, police can arrest and charge the person, and they are usually held in custody until they go to court. Give police the order, proof that it was served, and the evidence: screenshots showing the sender and time, voicemails, photographs, CCTV or doorbell footage, and a dated log. Note the incident number each time. It is not a defence for the respondent to say you agreed to the contact or contacted them first. You cannot be charged for allowing or encouraging a breach, but the court can vary or cancel your order if it finds you encouraged one. If the conditions no longer fit, the way to change them is an application to the court to vary the order. An informal understanding gives no protection and still leaves the respondent open to being charged.

How do FVROs work with the Family Court of Western Australia?

Western Australia is the only state with its own family court, and many people have a restraining order in the Magistrates Court and a parenting case in the Family Court of Western Australia at the same time. Each court needs to know about the other; the court hearing a restraining order application must ask about any family court orders or pending applications and take them into account. Restraining orders often include an exception allowing contact needed to arrange time with the children, so handovers can happen without a breach. If a later parenting order provides for a child to spend time with a person and is inconsistent with an existing FVRO, the FVRO is invalid to the extent of the inconsistency. Going the other way, a court making or varying an FVRO can revive, vary, discharge or suspend the parts of a parenting order that provide for a child to spend time with someone, under section 68R of the Family Law Act 1975 (Cth) or section 176 of the Family Court Act 1997 (WA), but it cannot discharge them at an interim hearing. Evidence from a restraining order matter — including police reports and the reasons for the order — is often important in the parenting case, so keep copies of everything and ask your lawyer how the two proceedings should be sequenced.

What do respondents weigh up before objecting to an FVRO?

The 21 days run from service, so respondents usually get legal help quickly. The interim order applies in full from service: contacting the protected person to discuss it is a criminal offence, and a breach charge can have more serious consequences than the order itself. The practical consequences of objecting are then worth weighing. An FVRO is not a criminal conviction, but it is recorded by the court and on the police system and can come up in bail applications and Family Court proceedings. Every FVRO also bans you from having firearms or a firearms licence. Against that, objecting can mean several court dates, a hearing at which you may be cross-examined, a risk of being ordered to pay the applicant's legal costs, and the interim order staying in place the whole time. There is often a negotiated middle ground: a conduct agreement order, where you agree to a final order without admitting the allegations, sometimes with conditions that let you collect belongings with police present or communicate about the children in writing. Free lawyers are available to both sides at FVRO conferences, Legal Aid WA's Infoline on 1300 650 579 can tell you where to get help, and Legal Aid WA publishes detailed guides on responding to restraining order applications.

Checklist

  • Copy of any police order, interim FVRO or final order
  • The FVRO application and any notice of objection
  • Police incident number and the attending officers' details
  • Your written account of incidents in date order
  • Screenshots of messages, emails and social media contact
  • Photographs of injuries or property damage
  • Medical, hospital or counselling records
  • Family Court of Western Australia orders or parenting agreements
  • Firearms licence details and weapons in the household
  • Names and contact details of witnesses
  • Tenancy or ownership documents for the home
  • A safety plan and emergency contact list

Common questions

How long does a police order last in Western Australia?

Up to 72 hours from when it is served on the person it restrains. A police officer can make a police order at a family violence incident where they reasonably believe family violence has been or is likely to be committed, an order is needed to keep someone safe, and it is urgent or not practical to get to court. They do not need the consent of the person being protected. Police cannot extend it or make a second police order about the same incident, so that time is there to get legal help and apply to the Magistrates Court for a family violence restraining order, which lasts much longer.

What happens if the respondent does not object to my interim FVRO?

The interim order becomes a final order. After police serve the interim FVRO, the respondent has 21 days to consent or object using the form on the back of the notice. If they consent, or nothing is returned within that period, no further hearing is needed and the order becomes final. It lasts for the period set in the order or, if none was set, two years counted from when the interim order came into force, usually when it was served, not from the end of the 21 days (no more than six months if the respondent is a child). A respondent who did not object in time for a good reason can apply to have the final order set aside, generally within 21 days of being told it became final. Legal Aid WA sets out this procedure in detail.

How long does a final FVRO last in WA?

A final FVRO lasts for the period the court specifies or, if no period is specified, two years from when it came into force. For an interim order that became final because there was no objection, that period runs from when the interim order came into force. If the respondent was in prison when the order was served, the period generally runs from their release. An order against a child can last no more than six months. If an adult respondent is convicted of certain serious violent or sexual offences against you, the court must make a lifetime order unless you ask it not to. You can apply before the order ends if you want it extended, and it will not expire while that application is pending once the respondent has been served with the summons.

What is the difference between an FVRO, a VRO and an MRO?

A family violence restraining order protects you from a family member, including a current or former partner. A violence restraining order covers personal violence where there is no family relationship — a neighbour or stranger, for example. A misconduct restraining order deals with behaviour that is intimidating, offensive or likely to breach the peace but is not violent. All three are made under the Restraining Orders Act 1997 (WA).

Does an FVRO affect firearms and weapons?

Yes. Every family violence restraining order in Western Australia, including an interim order, automatically bans the respondent from possessing firearms or a firearms licence (called a firearms authorisation) and from getting one, and they must hand over any firearms and licences they hold. This applies whether the order is made after a hearing, by agreement, or simply becomes final because no objection was lodged, so people who hold a firearms licence for work often get legal help early.

Will my WA order protect me in another state?

Yes. Family violence restraining orders and police orders made in Western Australia on or after 25 November 2017 are automatically recognised and enforceable across Australia under the National Domestic Violence Order Scheme, and family violence orders made elsewhere in Australia on or after that date are enforceable in WA. No registration is needed. An older order can be declared nationally recognised if you apply to a court. Keep a copy of the order with you and give one to your local police.

Can I get free legal help with a restraining order in WA?

Yes. Legal Aid WA publishes free guides for applicants and respondents, has an Infoline on 1300 650 579, runs an FVRO duty lawyer service at Perth Magistrates Court and some other courts, and can grant aid for restraining order cases involving family violence, subject to matter, means and merits tests. Free lawyers help both sides at FVRO conferences. Women's Legal Service WA, Aboriginal Family Legal Services and community legal centres also give free legal help.

Sources

  1. Restraining Orders Act 1997 (WA) — consolidation in force from 25 September 2025 (accessed 8 Nov 2026)
  2. WA Police Force — Family Violence Restraining Orders (accessed 8 Nov 2026)
  3. Legal Aid WA — Court procedure for FVROs (accessed 8 Nov 2026)
  4. Legal Aid WA — Police orders (accessed 8 Nov 2026)
  5. Legal Aid WA — Interstate and overseas restraining orders (accessed 8 Nov 2026)
  6. Magistrates Court of Western Australia — Restraining Orders (accessed 8 Nov 2026)
  7. WA Department of Communities — Family and domestic violence helplines and support services (accessed 8 Nov 2026)
  8. Legal Aid WA — Family violence restraining orders (FVROs) (accessed 8 Nov 2026)
  9. Legal Aid WA — Responding to restraining order applications (accessed 8 Nov 2026)
  10. Legal Aid WA — Consequences of breaching restraining orders (accessed 8 Nov 2026)
  11. Legal Aid WA — Varying, extending or cancelling restraining orders (accessed 8 Nov 2026)
  12. Legal Aid WA — Applying to set aside or appealing a restraining order decision (accessed 8 Nov 2026)
  13. Legal Aid WA — Conduct agreement orders (accessed 8 Nov 2026)
  14. Legal Aid WA — Conferences in FVRO cases (accessed 8 Nov 2026)
  15. Legal Aid WA — Get help with restraining orders (accessed 8 Nov 2026)
  16. Legal Aid WA — Applying for a grant of aid (accessed 8 Nov 2026)
  17. Legal Aid WA — Contact us (Infoline) (accessed 8 Nov 2026)
  18. Children's Court of Western Australia — Restraining orders (accessed 8 Nov 2026)
  19. Criminal Code Act Compilation Act 1913 (WA) (accessed 8 Nov 2026)
  20. Family Court Act 1997 (WA) — ss 174 to 176 (accessed 8 Nov 2026)
  21. Family Law Act 1975 (Cth) — ss 68P to 68R (accessed 8 Nov 2026)
  22. AIJA National Domestic and Family Violence Bench Book — Family Court of Western Australia (accessed 8 Nov 2026)
This is general legal information, not legal advice. It does not claim that a solicitor has reviewed this page for your situation, and it does not create a solicitor-client relationship.

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Family Violence Restraining Orders in WA (FVRO)
Family Violence Restraining Orders in WA (FVRO) - newlaw.ai