Family Violence Restraining Order

Family violence is defined as violent, threatening or other behaviour that coerces or controls another family member or causes them to be fearful. Some examples of behaviour that constitutes family violence are:

  • An assault
  • A sexual assault or other sexually abusive behaviour
  • Stalking
  • Repeated derogatory taunts
  • Intentionally damaging property
  • Unreasonably controlling or denying a family member access to finances or financial support
  • Depriving a family member of their liberty

WHAT IS A FAMILY VIOLENCE RESTRAINING ORDER?

The Western Australian Parliament has introduced a new type of restraining order in Western Australia, being a “Family Violence Restraining Order” (“FVRO”).  The FVRO was introduced in Western Australia on 1 July 2017.  A FVRO is governed under the Restraining Orders Act 1997 (WA) (“Act”) which also offers Violence Restraining Orders (“VRO”) and Misconduct Restraining Orders to help victims of domestic violence, other violence and nuisance, obtain protection orders from the Court.

DIFFERENCE BETWEEN VRO & FVRO

Prior to 1 July 2017 in Western Australia, a person who experiences violence by another person, whether or not they were related, could apply to the Magistrates Court for a protection order being a VRO. That is no longer the case.  If a person experiences acts of abuse by a family member then that person can apply for a FVRO. If the parties are not related such as having a relationship of colleagues, neighbours or friends then a person who is experiencing acts of abuse can apply for a VRO. Essentially, FVROs are reserved for parties that are related or family members.  A FVRO is not limited to parents, children and spouses (de facto relationships, boyfriends/girlfriends and married couples). It can also include grandparents, aunts and uncles.

Lynn & Brown Lawyers have decades of experience in representing clients in domestic violence matters, whether for the Applicant (person seeking to be protected) or the Respondent.

If you need any assistance with the application or representation in Court in relation to restraining orders, do not hesitate to contact our office for legal advice.

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