Perth Family Violence restraining Orders (FVROs)

A family relationship means a relationship between 2 people who are, or were, married, de facto partners, related to each other including by culture or kinship or otherwise in an intimate or family type relationships.

Who is included as a family member?

The definition of family member is broad and covers current and former spouses, siblings, children, parents, grandparents and stepfamily relationships, as well as other relatives, and members of intimate or family-type relationships.

It also covers the former spouse or former de facto partner of the person who wants to be protected current spouse or current de facto partner.

You should get legal advice before you apply for a Family Violence Restraining Order.

Who can be Protected?

A person who applies for the protection is called the Applicant/protected person. The person who the Family Violence Restraining Order is made against is called the Respondent.

Anyone except a child can apply to be protected from Family Violence. For a child under 16 years of age, a parent or guardian of the child who is responsible for the child and resides with the child can make an application for a Perth Family Violence Restraining Order on behalf of the child. You can apply to the court for a Family Violence Restraining Order (FVRO) against a family member if you need protection because of the risk of family violence. The court can also make an FVRO to protect children from being exposed to family violence. A child is exposed to family violence if they see, hear or experience the effects of family violence.

What is family violence?

Family violence means:

violence, or a threat of violence, by someone towards a family member, or

any other behaviour that coerces or controls another family member or causes them to be fearful.

It is not just physical violence. Family violence includes physical, financial, emotional, psychological and sexual abuse.

When can a Perth Family Violence Order made?

You can now apply online through an approved legal service provider: Changes to how you can apply for an FVRO. A FVRO makes it unlawful for a family member to do certain things in order to try and stop them from committing family violence or exposing a child to family violence.

The Court can make a FVRO Order if:

• the respondent has committed family violence against you and is likely to commit family violence against you in the future, or
• you (or a person who applies for the FVRO for you) have good reasons to fear that the respondent will commit family violence against you.
• If the court is satisfied of either of those two things.

The Court must make a FVRO against the respondent, unless there are special circumstances that mean making the FVRO is inappropriate. In certain situations, the Court can also extend a FVRO for the benefit of children, to help protect them from being exposed to family violence by the respondent.

If the Court is satisfied that a FVRO is to be made, it can impose restrictions on the respondent.

What restrictions can be included in a Family Violence Restraining Order Application?

Depending on your situation, the Court can impose conditions to stop the respondent from doing certain things that they normally would be allowed to do without a FVRO, being at or near a certain place, coming within a certain distance of you, contacting or trying to communicate with you in any way or coming near where you live or work. The court can include a condition that the respondent has one opportunity to collect their personal items from somewhere they used to live or work usually with a police officer.

If the respondent breaches any of those restrictions, they are committing a criminal offence for which they can be charged. You should seek legal advice about the consequences of breaching restraining Orders.

What if the other person already has criminal charges relating to me?

In this situation, you will probably already have protective bail conditions similar to a Family Violence Restraining Order so there may be no need to make a separate FVRO application. If the other person is convicted or pleads guilty to the charge, if you tell the police or court you want an FVRO, a final FVRO is usually automatically granted, without you having to have make a separate FVRO application.

Does existing Domestic or apprehended domestic violence orders from outside Perth WA already apply in WA?

If you already have a current domestic violence order from another state or territory, you must seek legal advice or check with the Court to ensure such is the case, otherwise, you may be leaving yourself at risk. Restraining orders relating to family violence (sometimes called domestic violence) can now be nationally recognised and enforced by police and the courts anywhere in Australia. An existing (current) family violence order will automatically apply across Australia if it:

was made on or after 25 November 2017 (in any Australian state or territory, including Perth WA)

was made or varied in a Victorian court (on any date), or

was made in New Zealand and registered in Victoria (on any date).

If your existing order is not automatically enforceable in Perth WA, you can apply for national recognition. This may be simpler, quicker, and safer than applying for a new FVRO. You can contact the court where your order was originally made to see if you need to apply for national recognition.

Conduct Agreement Orders

Parties can give Undertakings to each other about not repeating the behaviours resulting in FVRO applications. An Undertaking is a promise to the Court. A FVRO can be settled by an agreement between you and the other Party suing a Conduct Agreement Order.

Varying, Cancelling, Extending or Appealing Family Violence Restraining Orders

FVROs can be cancelled by the Court or by agreement. They can also be extended or appealed against depending on the situation.

Other Types of Orders

Other types of Orders that the Court can make depending on the situation include:

Police Orders

Misconduct Restraining Orders

Family Violence Restraining Orders can impact on your Parenting or Financial settlement. Get in touch with ABMS LAWYERS to get legal advice about your specific situation so you know your rights.

Call us on (08) 9468 3297 or email us at office@abmslawyers.com.

Our other Perth Family Law Services

Asset Division & Financial Separatioin|Binding Financial Agreements|Child Support And Child Maintenance
|De Facto Relationships|Divorce & Separation|Contraventions and Breaches of Court Orders and Enforcements|Family Violence Restraining Orders (FVROs) & Violence Restraining Orders|Form 11 Consent Orders|Mediation|Form 11 Consent Orders|Property Settlement