Family Violence Restraining Orders

Types of Family Violence Restraining Orders in Western Australia:

1. Police Order (PO).
2. Family Violence Restraining Order (FVRO).

Police Order

A Police Order provides temporary protection to a person who is at risk of family violence and allows the opportunity for a person to attend court to obtain a Family Violence Restraining Order.

Police may issue a Police Order up to a period of 72 hours without the requirement to obtain consent from any person.

The Restraining Orders Act 1997 gives police the authority to make a Police Order if the officer reasonably believes that:

• a person has committed family violence or is likely to commit the violence
• a child has been exposed to family violence committed by or against a person with whom the child is in a family relationship and the child is likely again to be exposed to that violence
• that making a police order is necessary to ensure the safety of a person.

A Police Order may include conditions prohibiting otherwise lawful activities such as entering a residence or communicating with the person being protected.

The Police Order becomes enforceable once served. If a person breaches the terms of a Police Order, they commit a criminal offence and may face a similar penalty to that of breaching a Family Violence Restraining Order.

Family Violence Restraining Order

A Family Violence Restraining Order is a protective order made by a Magistrate that imposes long-term conditions restricting the actions of the restrained person.

This may include limitations on communication, physical proximity, sharing of media or being at or near certain places and may extend to protect children or other vulnerable people.

You can apply to have a restraining order made by the court to protect you from someone who commits family violence or personal violence against you, threatens you or your property, harasses or intimidates you and you are concerned that this behaviour will continue. 

Visit the Magistrates Court of Western Australia Restraining Order page for more information.

If a person breaches the terms of a restraining order, they commit a criminal offence and may be fined or imprisoned.

On 25 November 2017, the National Domestic Violence Order Scheme commenced. From this date, every new Family Violence Restraining Order and Police Order is automatically recognised and enforceable across Australia.