Expert Restraining Order Lawyers in Perth

Family Violence Restraining Orders & Violence Restraining Orders

There may be occasions in your life when you feel that you are in danger or your safety and wellbeing are at risk from someone in your life. If this is the case, you may be suffering or be at risk of family violence or personal violence. Everyone has the right to live without the fear of violence. There are protections that can be put into place to ensure your safety. The police are there to assist people at risk of violence, but you can also apply to the Courts for a Family Violence Restraining Order (also known as FVRO) or Violence Restraining Order (also known as VRO). In Western Australia, applications for restraining orders are made in the Magistrates Court. If you make an application to the Court, and the Court is satisfied that you have suffered family or personal violence then a Family Violence Restraining Order or Violence Restraining Order may be granted. The order will set out things that the Respondent (the person committing the violence) should not do, such as not to contact you or come to your house or place of work. The order will be given to the police to serve upon the Respondent.

Family Violence Restraining Orders

The Court can make an FVRO against another family member to protect you from family violence if:

• the Respondent has committed family violence against you and is likely to commit family violence against you in the future, or
• you (or a person who applies for the FVRO for you) have good reasons to fear that the Respondent will commit family violence against you.

Family violence can mean physical violence. However, family violence also includes the threat of violence or behaving in an intimidating and frightening manner. It also includes verbal, emotional, psychological, sexual and financial abuse such as harassing communication, stalking, sexual assault, damaging property, controlling what you do, restricting access to money. The Court can also extend an FVRO for the benefit of children, to help protect them from being exposed to family violence by the Respondent. Family violence can have a very detrimental impact on children. If there are children in the house, they can suffer serious psychological harm from being exposed to family violence in the home. Children can be exposed to family violence when they see or hear arguments, are caught in the middle of fights, or are around when the police attend the home. Children see and experience more than we think, so it is therefore important to seek help and support if you are suffering or are at risk of family violence to protect yourself and your children.

Violence Restraining Orders

Personal violence refers to violence committed by any other person who is not a family relative such as a colleague, a neighbour or former friend. Personal violence includes physical violence, the threat of physical violence or behaving in an intimidating or frightening manner. As with family violence, personal violence includes verbal, emotional, psychological, sexual and financial abuse such as harassing communication, stalking, sexual assault and damaging property.

Objecting to Restraining Orders

If you have been served with a Family Violence Restraining Order or Violence Restraining Order then there are steps that you can take to object to the order. These steps are time sensitive and usually require action within 21 days of the order being made.

Varying or withdrawing Restraining Orders

Restraining Orders set out terms that the Respondent is not allowed to do. Overtime circumstances can change and the terms of a restraining order may no longer be suitable. This may be the case where there are children and you need to conduct the handover. You cannot just agree to change the terms of a restraining order and doing so can cause difficulties, and even criminal charges at a later date if the restraining order has been breached. If you want to change the terms or withdraw a restraining order all together then you need to apply to the Magistrates Court to do so. If you require further information regarding Family Violence Restraining Orders or Violence Restraining Orders or need assistance making or objecting to an application then please contact our friendly team.