Max Crispe Barristers & Solicitors are skilled practitioners and have significant experience in Restraining Order Matters.
We represent clients in all restraining order matters whether as an applicant or respondent. We also represent clients who have breached a restraining order or police order.
Our solicitors aim to resolve matters expediently and, in our clients’ best interest. We have listed the restraining orders currently available in WA.
Family Violence Restraining Order
A Family Violence Restraining Order (FVRO) protects a person from violence, threats of violence or any other behaviour that coerces or controls them or that causes them to be fearful. An FVRO can be obtained against a partner, ex-partner or another family member, such as a brother, sister or child.
Since 25 November 2017, the National Domestic Violence Order Scheme commenced. From this date, every new family violence restraining order and police order will be automatically recognised and enforceable across Australia.
Violence Restraining Order
A Violence Restraining Order (VRO) protects a person from “acts of abuse” by someone other than a family member, which under section 6 of the Restraining Orders Act 1997 (WA) which includes acts such as (but is not limited to): assault, damage to property, and threatening or intimidating behaviour.
The Order takes the form of a document stating who the parties are and what the person who is bound cannot do.
To obtain a VRO you must apply for it in person. However, in some situations where family or domestic violence has occurred, a Police Officer may apply for a Violence Restraining Order (VRO) on your behalf. This will usually result in the issue of a Police Order which has a similar effect to a VRO, but only lasts for 72 hours.
Breaching a police order has the same effect as breaching a FVRO and three breaches can result in imprisonment.
Misconduct Restraining Order
A Misconduct Restraining Order (MRO) can be used in instances where another person’s behaviour towards you falls short of physical violence but still makes you feel intimidated, causes damage to your property or involves a breach of the peace. For example, MRO’s are the most common restraining order used by neighbours.
In such applications, the Court must be convinced that such an Order is necessary. The Court will consider the consequences of the other person’s behaviour on you and balance that against their right (if any) to do those particular acts.
The Court process for a MRO application is similar to that for a VRO. Though unlike a VRO or FVRO, no interim order is granted.
At a Final Order Hearing, the Magistrate can grant a VRO even if the application was for a MRO.