I am in an abusive relationship and wish to separate and divorce. How do I file an application for a restraining order in Perth, Western Australia?
Many separating or divorcing couples experience intimating behaviour, abuse and violence perpetrated by their spouse. Others are in an abusive relationship and cannot find a way to separate and divorce and continue to live and experience family violence. Sometimes, family members or friends of their spouse are also involved in carrying out such intimidating or violent acts. This is a highly distressing situation.
If this occurs to you or you fear that this may occur to you, it is important that you put your safety first, seek help and apply to the Magistrates Court for a restraining order to prevent your spouse or their family members and friends from carrying out these intimidating or violent acts against you.
The purpose of a restraining order is to protect a person from acts of family or personal violence.
A restraining order can be applied at your local Magistrates Court in Perth or in regional WA. Some community legal centres and Legal Aid WA also may be able to assist you with your initial application and apply for a restraining order on your behalf.
It is important that you select the correct type of restraining order, otherwise your restraining order application may not be granted.
There are 3 types of restraining orders:
- Family Violence Restraining Order (FVRO)
A FVRO seeks to restrain a person who is a family relationship with you who has committed violence and is likely to commit family violence against you in the future or behaves in a way that puts you in fear that family violence will occur in the future. - Violence Restraining Order (VRO)
A VRO seeks to retain a person from committing acts of violence against you who is not in a family relationship. - Misconduct Restraining order (MRO)
A MRO seeks to retain a person who is not a family relationship from causing disruptive, offensive or destructive behaviour. A MRO is difference from a FVRO and VRO in that it is targeted at restraining a person from causing public disturbances, and nuisance type of behaviour such as damaging property. On the other hand, a FVRO and VRO is targeted at acts of personal violence and abuse.
When you attend the courthouse to apply for a restraining order it is important that you take all available evidence to support your application including emails, SMS messages, social media posts, photos of injury or property damage and doctor’s notes or medical certificates as well as all relevant family court orders.
Once your restraining order application is assessed, it will be listed for an “ex-parte hearing”. This is a hearing that only you attend as the Applicant, not the other party, and you give evidence to the Magistrate about your application. The Magistrate will ask you questions about your application and ask you to explain why you want the restraining order. At the end of the hearing, the Magistrate will decide whether to grant you the restraining order or not.
If you are granted a restraining order, the court will get the WA Police to serve the restraining order on the other party.
The other party is given 21 days to file an objection to the restraining order, from the date they are served. If they object, your restraining order matter will be listed for a hearing at a later date. If they do not file an objection, then you will get a final restraining order in the terms granted at the first hearing.
Contact us
For all enquiries on applications for restraining order or any other family law matter, please get in touch with the family lawyers at Robertson Hayles Lawyers at (08) 9325 1700 or by email at enquiries@robertsonhayles.com or via our contact form on our website, and we will be happy to assist you with your family law matter.
Note
The above content is only intended to provide a general overview of the topic discussed. It is not intended to be comprehensive, nor does it constitute legal advice. You should seek legal advice specific to your circumstances before acting or relying on any of the above content.