• Home
  • Get Help
    • Make a Will
    • Enduring Powers of Attorney
    • Enduring Powers of Guardianship
    • Divorce
    • Interaction between Family Law and Succession Law
    • Children's Matters
    • Property Matters
    • Property Orders
    • Applying for a Family Violence Restraining Order (FVRO)
    • Applying for a Violence Restraining Order (VRO)
    • Differences between FVRO and VRO
    • Apply for Probate
    • Administering the Estate of the Deceased after a Grant of Probate has been Obtained
    • Duties of an Executor
    • Letters of Administration
    • Administering the Estate of the Deceased after a Grant of Letters of Administration has been Obtained
    • eLodgment of Court Documents
    • Dividing Fences
    • Overhanging Branches and Roots
    • Consumer Issues
    • Disputes with your Employer
    • Claim Criminal Injuries Compensation
    • Issues with Dogs
    • Issues with Cats
    • Useful Contacts
    • Privacy
  • Legal Advice
    • Preparing for your Appointment
    • Legal Document Fees
    • Payment and Cancellations
    • Community Legal Centres in WA
  • Mediation
    • Family and Child Mediation
    • Community Mediation
    • Commercial Mediation
  • Shop
  • Volunteer
  • About Us
    • Our Services
    • Branches
    • Board and Staff
    • Publications
    • Privacy Policy
    • Feedback
    • Terms of Use
    • Our Partners
    • Branch Login
  • Contact
Citizens Advice Bureau

Page translation

English English
en Englishaf Afrikaanssq Albanianar Arabichy Armenianaz Azerbaijanibe Belarusianbg Bulgarianca Catalanzh-CN Chinese (Simplified)zh-TW Chinese (Traditional)hr Croatiancs Czechda Danishnl Dutchet Estoniantl Filipinofi Finnishfr Frenchgl Galicianka Georgiande Germanel Greekht Haitian Creoleiw Hebrewhi Hindihu Hungarianis Icelandicid Indonesianit Italianja Japaneseko Koreanlv Latvianlt Lithuanianmk Macedonianms Malaymt Malteseno Norwegianps Pashtofa Persianpl Polishpt Portuguesero Romanianru Russiansr Serbiansk Slovaksl Slovenianes Spanishsw Swahilisv Swedishta Tamilte Teluguth Thaitr Turkishuk Ukrainianur Urduvi Vietnamesecy Welsh

Translation by Google*

  • Home
  • Get Help
    • Make a Will
    • Enduring Powers of Attorney
    • Enduring Powers of Guardianship
    • Divorce
    • Interaction between Family Law and Succession Law
    • Children's Matters
    • Property Matters
    • Property Orders
    • Applying for a Family Violence Restraining Order (FVRO)
    • Applying for a Violence Restraining Order (VRO)
    • Differences between FVRO and VRO
    • Apply for Probate
    • Administering the Estate of the Deceased after a Grant of Probate has been Obtained
    • Duties of an Executor
    • Letters of Administration
    • Administering the Estate of the Deceased after a Grant of Letters of Administration has been Obtained
    • eLodgment of Court Documents
    • Dividing Fences
    • Overhanging Branches and Roots
    • Consumer Issues
    • Disputes with your Employer
    • Claim Criminal Injuries Compensation
    • Issues with Dogs
    • Issues with Cats
    • Useful Contacts
    • Privacy
  • Legal Advice
    • Preparing for your Appointment
    • Legal Document Fees
    • Payment and Cancellations
    • Community Legal Centres in WA
  • Mediation
    • Family and Child Mediation
    • Community Mediation
    • Commercial Mediation
  • Shop
  • Volunteer
  • About Us
    • Our Services
    • Branches
    • Board and Staff
    • Publications
    • Privacy Policy
    • Feedback
    • Terms of Use
    • Our Partners
    • Branch Login
  • Contact
  • Home  
  • Get Help  
  • Applying for a Family Violence Restraining Order (FVRO)

Applying for a Family Violence Restraining Order (FVRO)

If one of your relatives has been abusive towards you, physically, verbally or emotionally, you fear for your safety, and need protection from your abuser, you can apply for a Family Violence Restraining Order (FVRO) in the Magistrates Court, the Children’s Court and in limited circumstances in the Family Court of Western Australia.

[Click here for printer version]

Binder of documents

Frequently Asked Questions

How do I start the process to apply for an FVRO?
You start the process by lodging an application form available in any Magistrates Court registry or in limited circumstances an application can be made in the Family Court too. An approved user can assist you with an online application. In some circumstance an application can be made in the Children’s Court too. Get legal advice. Refer to our fact sheet on eLodgment of court documents.

Will the other party be present when I come before the magistrate?
You can choose to have the first hearing in the absence of the other party.

Will there be other people present in court when I give evidence?
Your application will be heard in a ‘closed court’, meaning the public will not be allowed to attend the court.

Can I bring a support person?
Yes you can, but the support person cannot be a witness in, or a party to, the proceedings.

Can someone assist me with completing the forms?
In most Magistrates Courts there is a Family Violence Service available and the staff there may assist you to complete the form. They are not court staff. Make enquiries at the Magistrates Court counter about where you can find the Family Violence Service.

I heard that you can make an online application for FVRO. How does that work?
From 4 May 2020 an approved user can lodge an application for an FVRO. You can apply for an FVRO online too. Refer to our fact sheet on eLodgment of court documents.

Who is an approved user?
The following are approved users:

  • Solicitors;
  • Suitably skilled staff from Legal Aid Western Australia;
  • Aboriginal Family Law Services;
  • Aboriginal Legal Service; and
  • Community Legal Centres.

Will the approved user lodging my application be my lawyer?
Approved users are not considered your legal representative. They assist with lodging your application only.

How does the court process start?
You are the Protected Person or the Applicant and the other party is the Bound Person or the Respondent.
After filing the application you have to give verbal evidence and/or provide an affidavit to the Court.

Will the magistrate ask me questions?
If necessary the magistrate may ask you some questions.

What evidence do I provide?
You need to convince the Court that you fear for your safety from the person against whom you are applying for an order and that without the order your safety is at risk. You can start by giving evidence of the latest incident of family violence and then continue with evidence of past incidents of family violence to show that the latest incident is not a one off incident.
If the Court is convinced that there is an urgent need for the order to be granted, an interim FVRO will be granted.

Can I have an order to cover the children too?
Yes when you give evidence of how you fear for your safety, you can also give evidence about the fear you have for the safety of the children.

What will happen after I have given evidence?
If the Court is convinced that your safety is at risk and that you need an FVRO to protect yourself, the Court will prepare an interim FVRO and the police will serve it on the other party.

If the Court believes that it needs to hear from the other party, then no interim FVRO will be made and the Court will summon both you and the other party to attend Court on another day.

Another outcome is that the Court may dismiss your application if the Court has not been provided with adequate evidence to satisfy it that your safety is at risk.

Photo motioning to stay away

What happens if an interim order is made after I have given evidence?
The Court will send the interim FVRO to the police who will serve it on the other party. The interim FVRO comes into force (i.e. you are protected) only when it is served on the other party.

What happens then?
The other party has 21 days after being served with the interim order to consent or object to the interim FVRO. If the Respondent consents (or does nothing within 21 days after being served) the interim FVRO becomes a final FVRO. If the other party lodges an objection, the Court will fix a hearing date.

Until the hearing date will I be covered by the order?
Yes, the interim FVRO continues to be in force until this hearing is completed.

What if the other party breaches the terms of the FVRO?
You must report the matter to the police immediately.

What if I do not attend the final order hearing date?
If you do not attend the final hearing, in your absence the Court may dismiss the interim FVRO.

If the Respondent is notified and does not attend the hearing, the Court may conduct the final FVRO hearing in the absence of the other party.

If a final FVRO is made and the Respondent is in court when the FVRO is made, the order is deemed to have been served.

Otherwise, the FVRO will be delivered to the police for service on the Respondent and comes into force when it is served.

What is an undertaking?
An undertaking is a promise by the Respondent not to do things to make you fear for your safety. If both you and the other party want to end the FVRO case without having any more court hearings, an undertaking can be signed to that effect. Both of you must agree to the undertaking and it has to be signed before a magistrate gives a decision about whether to make or not make a final order. Giving an undertaking to the Court does not mean that the other party agrees that they have done anything wrong.

If both of you sign an undertaking the interim FVRO is dismissed.

What happens if a person breaks an undertaking?
Breaching an undertaking is not itself a criminal offence, but it may be the basis for making a fresh application for an FVRO.

What is a conduct agreement order?
When both you and the other party attend court and the other party agrees to an FVRO made without a trial a Conduct Agreement Order is granted. By agreeing to the Conduct Agreement order the other party is not agreeing that family violence has occurred. The Conduct Agreement Order can include all the restraints and conditions that can be included in an FVRO.

What happens if the other party breaches a Conduct Agreement Order?
It is an offence to breach a Conduct Agreement Order. If a person breaches the Conduct Agreement Order they may be arrested and charged with the offence of breaching an FVRO if there is enough evidence.

Next Steps

You can make an appointment at our Perth CBD office, or at your selected branches.

Mission

To connect people with information and services so they can make independent and informed decisions.

Informing Western Australia since 1963
  • Home
  • Get Help
    • Make a Will
    • Enduring Powers of Attorney
    • Enduring Powers of Guardianship
    • Divorce
    • Interaction between Family Law and Succession Law
    • Children's Matters
    • Property Matters
    • Property Orders
    • Applying for a Family Violence Restraining Order (FVRO)
    • Applying for a Violence Restraining Order (VRO)
    • Differences between FVRO and VRO
    • Apply for Probate
    • Administering the Estate of the Deceased after a Grant of Probate has been Obtained
    • Duties of an Executor
    • Letters of Administration
    • Administering the Estate of the Deceased after a Grant of Letters of Administration has been Obtained
    • eLodgment of Court Documents
    • Dividing Fences
    • Overhanging Branches and Roots
    • Consumer Issues
    • Disputes with your Employer
    • Claim Criminal Injuries Compensation
    • Issues with Dogs
    • Issues with Cats
    • Useful Contacts
    • Privacy
  • Legal Advice
    • Preparing for your Appointment
    • Legal Document Fees
    • Payment and Cancellations
    • Community Legal Centres in WA
  • Mediation
    • Family and Child Mediation
    • Community Mediation
    • Commercial Mediation
  • Shop
  • Volunteer
  • About Us
    • Our Services
    • Branches
    • Board and Staff
    • Publications
    • Privacy Policy
    • Feedback
    • Terms of Use
    • Our Partners
    • Branch Login
  • Contact
Recognised Mediator Accreditation Body to 2021 Citizens Advice Bureau Registered Charity
National Association of Community Legal Centres
^Top

The Citizens Advice Bureau of WA acknowledges the traditional custodians of this incredible land on which our offices are located. We pay our respects to elders past, present and emerging, and hope for a future that is kind, fair and has meaningful reconciliation.


Disclaimer for our website: This website is presented by the Citizens Advice Bureau (CAB) for the purpose of disseminating information free of charge for the benefit of the public. CAB monitors the quality of the information available on this website and updates the information regularly. However, CAB does not guarantee, and accepts no legal liability whatsoever arising from, or connected to, the accuracy, reliability, currency or completeness of any material contained on this website or on any linked site. CAB recommends that users exercise their own skill and care with respect to their use of this website and that users carefully evaluate the accuracy, currency, completeness and relevance of the material on the website for their purposes. This website is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

* The Citizens Advice Bureau does not accept responsibility for any inaccuracies in the translation.

Copyright © 2022 All Rights Reserved