Perth Restraining Order

If you are facing actual or threatened emotional, financial, physical or sexual violence, or someone is harassing you and won't stop, we can assist you in your application for a restraining order if your application is contested by the Respondent.

Conversely, if you've been served with a restraining order against you and don't think it's fair, then we may be able to assist you in altering its terms or objecting to the order in its entirety. Make an appointment to discuss your options with Assurance Legal today.

Types of Restraining Order

Violence Restraining Order (VRO) – orders you (not a relative of the applicant) to cease causing violence, threats, intimidation, property damage, breaching the peace.
Family VRO – order for you to stop communicating with a family member, being within a certain distance of a family member, or behaving in a certain way towards the family member.
- 'Family member' includes your spouse, ex-spouse, defacto, ex-defacto, girlfriend, ex-girlfriend, boyfriend, ex-boyfriend, child, step-child, grandchild, parent, step-parent, grandparent, sibling, step-sibling, another person you are or were related to, or someone you have had a personal relationship with, intimate or otherwise.
Misconduct Restraining Order – protecting against breaches of peace, causing fear, damaging property, and/or intimidating another person

Applications for Restraining Orders

If you've been the victim of domestic violence, please immediately contact the police
Final Order Hearings
- If you've applied for a VRO/FVRO and your application requires a final order hearing, we can help you in presenting your case, and assist in making your application as strong as possible
Recognition of VRO interstate or nationwide
- If you have a VRO that was made before 25 November 2017, you will have to apply for national recognition across all Australian jurisdictions
- VROs made after 25 Nov 2017 will automatically have effect nation-wide – regardless of whether they were made by police or a Court

Responding to Restraining Order application against you

We can help you in objecting to a VRO/FVRO that has been taken out against you, as well as providing advice if it has been found that you have breached the terms of a VRO
Consent
- You can agree with the terms of the VRO/FVRO through consent in writing within 21 days
- The order will be made final when the court receives your consent notice
- If you want advice on the terms of the order, and how to negotiate, contact our office today
Object
- Where the court has issued an interim VRO/FVRO, you have 21 days to object in writing to the issue of the order
- You will then receive a notice to appear before the court
- If you fail to return a notice of objection to the court within 21 days, the order will become final
Summons to appear in court
- If an MRO has been applied for against you, this will be the first step.
- In court, you will have a chance to agree with or object to the terms of the order.
- If you do not appear, the order will be decided by the court in your absence

Resolution options

Communication and negotiation with the other party about terms of the order
Withdrawal of application
Mutual undertaking
Conduct agreement
Final order hearing – we can help you defend your matter in court

Breach of Restraining Order

Breaching a restraining order is a serious offence, and can lead to large fines and potentially a term of imprisonment.
- NOTE: Breaching MRO attracts a maximum penalty of a $1,000 fine
'Three strikes rule' – if you are found to have been convicted of breaching a restraining order for the third time within 2 years, then in most but not all cases, a term of imprisonment will be mandatory
- NOTE: Multiple breaches on the same day count as 1 conviction
- As this elevates the seriousness of your breach, you should immediately contact Assurance Legal to get advice about how best to respond to a breach notice under the three strikes rule

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Frequently Asked Questions

A person has made a number of false accusations against me to the police culminating in a VRO being taken out against me. Can I have this person charged for making false accusations?

Yes in a civil litigation against that person. However this could also be a breach of the criminal law in cases where the person gives sworn evidence or statements before a judicial officer, that person may be charged with perverting the course of justice, perjury or contempt of Court.

Recently I was involved in a domestic assault on my girlfriend who called the police and charges were laid against me. She now wants to withdraw them. What should I do?

There is absolutely nothing you can do to have the charges withdrawn. She complained of the assault which she was entitled to do and the fact that she now regrets her action in reporting it to the police does not end it. It is prudent to immediately obtain legal advice from an experienced criminal defence lawyer who can strategically guide you through how best to address charges of this nature.

I am in breach of a VRO and have been arrested. Is this a serious matter?

Yes. The court considers these matters to be very serious as you are in breach of court orders and depending on the seriousness of the breach there may be a risk of a custodial sentence.

I am currently in breach of a VRO. The police came to my home, arrested me and I am currently in the Northbridge remand centre where I have been refused bail. Is this right?

you are in breach of court orders and have been refused bail, the court is not prepared to take the risk that you may reoffend. In your circumstances you need to obtain competent legal advice and representation otherwise the court is at liberty to deal with you severely.