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Family Violence Restraining Orders

A family violence restraining order is intended to restrain a person who:

  • has committed family violence against you and is likely to commit family violence against you again or
  • behaves in a way that makes you believe that family violence will be committed in the future.

‘Family violence’ means violence, or a threat of violence, by a person towards a family member of the person; or any other behaviour by the person that coerces or controls the family member or causes the member to be fearful.
If you have already been attacked or threatened with violence, a criminal offence may also have been committed. You should tell the police and ask for an incident report number.

Under special circumstances, a family violence restraining order can be sought by the police on your behalf by telephone, at any time, any day. Telephone orders as such only remain in force for three months at most.
Life-long restraining orders can also be granted in extreme cases.

When a family violence restraining order is made, the court or magistrate will also make an order preventing the respondent from having a firearm licence or any guns. It is essential that you inform the police or court if you are aware that the respondent has access to a gun.

Consent is not a defence to breaching a family violence restraining order. Even if the victim says it's okay to get together, it is considered a breach of the order and may lead to time in prison.

There is no fee payable when you apply for a family violence restraining order.

The Family Violence Service is a voluntary and free service available for family violence victims who may need assistance with court support, information and referral to other services.  Family Violence Service is available for family violence victims who have made an application for a Family Violence Restraining Order at the Magistrates Court of Western Australia at Armadale, Fremantle, Joondalup, Midland, Perth and Rockingham. Please call 1800 600 476 or email FamilyViolenceService@justice.wa.gov.au

Last updated: 11-May-2020

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