Family Violence and Misconduct Restraining Orders
Have you been served with a restraining order?
If you have been served with an interim restraining order it is important not to ignore it.
We strongly advise you to seek immediate legal advice about your options once you have been served with an interim order.
Whether acting on behalf of the applicant or the respondent, our clients benefit from our honest approach and proven results.
We appreciate that such matters often involve delicate issues and we approach them with compassion and discretion.
At Timpano Legal, we ensure each client receives strong representation, support and guidance through every step of the process.
What is a restraining order?
There are three kinds of restraining orders in Western Australia, and they usually direct
someone to stay away from someone else, where it has been alleged that they committed family violence or personal violence, made threats to a person or property, harassed or intimidated a person.
A Family Violence Restraining Order (FVRO) will apply if the person seeking the order is/was in a family relationship with you – e.g. married, de-facto partners, ex-partners, related to each other (including by culture or kinship) or otherwise in an intimate or family-type relationship.
A Violence Restraining Order (VRO) will apply if the person seeking the order is not in a family relationship with you – e.g. a work colleague, friend or neighbour.
A Misconduct Restraining Order (MRO) will apply if the person seeking the order alleges that you are:
- behaving in a way that could be considered to be intimidating or offensive
- damaging their property or
- breaching the peace.
What will happen next?
If someone has made an application for a restraining order, they can make that application in the Magistrates Court in your absence. If the Court is not satisfied that an interim order should be granted, you will be summonsed to Court and the matter will be listed for a Final Order Hearing.
A Court has the power to grant an order in the interim until it gives you the opportunity to respond to the application. The interim order is served on you and you have 21 days to lodge an Objection.
If you do not object, the order is made Final and the terms of the order remain in place for two years.
If an objection is lodged, the Court will summons the parties to Court and list the matter for a Final Order Hearing.
If a Final Order is made against you it is imperative to abide by the Conditions of the Order. Any breaches – even technical or minor breaches – can result in a criminal prosecution.
Penalties for a breach may include fines and in some serious cases of repetitive breaches, imprisonment.