Can I Contest a Family Violence Restraining Order (FVRO) in Western Australia?

Being served with a Family Violence Restraining Order can feel like the ground has shifted beneath you. You may be confused about what the order actually means, unsure of what you’re allowed to do, and worried about how this will affect your family, your home, and your future. If that’s where you are right now, you’re not alone and it’s completely understandable to feel overwhelmed.

Contesting an FVRO is one of the most common concerns we address at Timpano Legal. Many people don’t realise that an FVRO is a civil order, not a criminal charge, but it carries serious implications that can ripple through every part of your life. Understanding your rights and options is the first step in taking back some control during what is often an incredibly stressful time.

Whether you believe the order has been taken out unfairly, or you accept that something has happened but want to negotiate fair and reasonable conditions, we’re here to help you navigate this. Let’s break down exactly what contesting an FVRO involves, step by step.

What Is a Family Violence Restraining Order (FVRO)?

A Family Violence Restraining Order is a court order made under the Restraining Orders Act 1997 (WA) that restricts the behaviour of a person (the “person bound”) towards a family member (the “person protected”). It’s designed to prevent family violence and protect people from harm.

FVROs apply specifically to people who are, or were, in a family relationship. This includes current and former partners, de facto relationships, married couples, relatives (including by culture or kinship), and people in other intimate or family-type relationships. If the people involved aren’t in a family relationship, a Violence Restraining Order (VRO) or Misconduct Restraining Order (MRO) may apply instead.

Under the Act, “family violence” includes physical violence, threats of violence, and any behaviour that coerces or controls a family member or causes them to be fearful. This can extend to emotional abuse, property damage, stalking, and distributing or threatening to distribute intimate images.

There are two stages to an FVRO. The first is an interim FVRO, a temporary order that can be granted quickly, often on the same day an application is made, and usually without the person bound being present in court. The second is a final FVRO, which is only made after the person bound has been notified and given the chance to respond or where the person bound does not object to the interim FVRO within 21 days (more below).

An FVRO typically restricts contact with the protected person, prevents the person bound from approaching certain locations (such as the protected person’s home or workplace), and requires the surrender of any firearms or firearms licences. It’s important to understand that while an FVRO itself is a civil order, breaching an FVRO is a criminal offence that can result in fines and/or imprisonment.

You can find more information about how restraining orders work on the Magistrates Court of Western Australia website.

Can You Contest an FVRO?

Yes, you can. If you’ve been served with an interim FVRO, you have the right to contest it before it becomes a final order.

The critical deadline you need to know is 21 days. You have 21 days from the date you’re served with the interim FVRO to lodge an objection at the court where the order was issued. If you don’t lodge an objection within this timeframe, the interim order automatically becomes a final order, and you won’t get the opportunity to have your say.

The sooner you seek legal advice, the more time you have to prepare a strong response. Don’t wait.

How to Contest an FVRO — Step by Step

The process of contesting an FVRO can feel daunting, but understanding each step makes it far more manageable. Here’s what’s involved.

Step 1: Read and understand the order

Before anything else, read the interim FVRO carefully and make sure you understand every condition. Even if you’re contesting the order, all of the conditions remain in force. Breaching any condition, even accidentally, is a criminal offence. If you’re unsure about what the order means, get legal advice immediately.

Step 2: Lodge your objection within 21 days

The objection form is found on the back of the order you were served with. Complete the “Objection” section, sign it, and file it at the Magistrates Court registry that issued the order. This must happen within 21 days of being served.

If there is no objection form on the back of your order, attend the Magistrates Court registry which issued the order to obtain an objection form and complete the process above.

Step 3: Request the applicant’s documents

When you lodge your objection, you’re entitled to apply for copies of the applicant’s written application, their sworn statement (affidavit), and a transcript of the hearing where the interim order was granted. These documents are provided at no cost and are essential for understanding the allegations against you and preparing your response.

Step 4: Get legal advice

Bring your documents to an experienced restraining order lawyer as soon as possible. Your lawyer will review the applicant’s material, advise you on your options, and help you build your response. The earlier you get legal advice, the better positioned you’ll be.

Step 5: Attend the directions hearing

Once your objection is lodged, the court will schedule a directions hearing. At this hearing, the court will set a date for a final order hearing (trial) and deal with any procedural matters. If an FVRO shuttle conference (mediation) is available, and both parties agree to participate, the court may also schedule a conference to explore whether the matter can be resolved without a trial.

Step 6: Prepare for the final order hearing

In the lead-up to your final order hearing, your lawyer will work with you to prepare your evidence, including a detailed statement (known as a “proof of evidence”) and statements from any witnesses who can support your position. This preparation is critical, as the final hearing is your opportunity to put your side of the story before the Magistrate.

What Happens at an FVRO Final Order Hearing?

The final order hearing is where both parties present their evidence and the Magistrate decides whether a final FVRO should be made. Here’s what to expect.

The applicant bears the onus of proof. This means it’s up to the person who applied for the FVRO to satisfy the court that family violence has occurred and is likely to occur again, or that there are reasonable grounds to fear it will occur.

Both parties have the opportunity to give evidence and be cross-examined. However, there’s an important rule specific to FVRO hearings: the person bound cannot put questions directly to the applicant. Instead, questions must be directed through the Magistrate. This can be a significant procedural challenge, and is one of the key reasons why having a lawyer represent you at the hearing makes such a difference.

It’s also worth knowing that in FVRO matters, the court is not strictly bound by the rules of evidence. This means the Magistrate may admit evidence that wouldn’t normally be allowed in other proceedings, including hearsay. Your lawyer can help you prepare for this and ensure you’re not caught off guard.

After hearing all the evidence, the Magistrate will decide whether to make the FVRO final, dismiss the application, or vary the conditions of the order.

Not every objection succeeds, and we’ll be honest with you about your prospects from the start. We call it as we see it, but contesting gives you the opportunity to be heard, to present your side, and to ensure the court has the full picture before making a decision.

Alternatives to a Full Hearing

Not every FVRO matter needs to go to trial. Depending on your circumstances, there may be other ways to resolve the situation that better serve your interests.

• Conduct Agreement Order. You can agree to be bound by conditions similar to an FVRO without admitting that family violence occurred. A Conduct Agreement has the same legal effect as an FVRO, in that breaching it is still a criminal offence, but it avoids a finding of family violence being made against you. For many people, this is an important distinction.
• Undertaking. An undertaking is a written promise to the court not to engage in certain behaviours. Unlike an FVRO or Conduct Agreement, breaching an undertaking is not a criminal offence. However, if you breach an undertaking, it strengthens the applicant’s position if they apply for a restraining order in the future.
• Negotiated variation. In some situations, it may be possible to negotiate changes to the conditions of the order. For example, if you have children together, you might negotiate an exception that allows communication by text or email solely for the purpose of arranging time with the children.
• Withdrawal by the applicant. In rare cases, the applicant may choose to withdraw their application before the matter goes to trial. This typically happens when the respondent’s evidence is strong enough to persuade the applicant that their application is unlikely to succeed.

What Are the Consequences of an FVRO?

An FVRO is a civil order, not a criminal conviction. It won’t appear on your criminal record. However, it is recorded by the court and on the police system, and it can be taken into account in other legal proceedings, particularly in Family Court matters involving parenting orders and property settlements.

If you hold a firearms licence, an FVRO requires you to surrender your firearms and firearms licence for the duration of the order. This can have significant implications if firearms are part of your employment.

The most serious consequence relates to breaching the order. A breach of an FVRO carries a maximum penalty of a $6,000 fine or two years’ imprisonment, or both. If a person is convicted of a third breach within a two-year period, the court must impose a sentence that includes imprisonment unless satisfied it would be clearly unjust.

If you’re also facing related criminal charges such as assault, it’s important that your restraining order matter and any criminal proceedings are managed together by an experienced criminal lawyer in Perth who understands how they interrelate.

Can You Appeal an FVRO Decision?

If the Magistrate makes a final FVRO against you after a contested hearing, you have the right to appeal the decision to the District Court. The appeal must be lodged within 21 days of the final decision.

An appeal involves a rehearing of the original matter based on the evidence that was before the Magistrate. The District Court Judge may allow further evidence to be admitted, but only in exceptional circumstances and with the court’s permission.

The relevant legislation governing these appeals can be found in the Restraining Orders Act 1997 (WA), along with the Magistrates Court (Civil Proceedings) Act 2004 (WA) and the District Court Rules 2005 (WA).

You Don’t Have to Face This Alone

If you’ve been served with an FVRO, you’re probably feeling overwhelmed right now. That’s completely understandable. But you have rights, you have options, and you don’t have to figure this out on your own.

At Timpano Legal, we’ve helped hundreds of people navigate restraining order matters, whether they’re contesting an order they believe is unjust, or working to find the best way forward after something has gone wrong. We’re in your corner either way, and we’ll be straight with you from day one about where you stand and what your options are.

Call Timpano Legal now on (08) 9221 7777 for a confidential discussion about your situation. We offer a transparent cost structure with no hidden fees, so you’ll know exactly where you stand from the start.

The sooner you reach out, the more time we have to protect your rights.

We’re here when you need us.