The application and enforcement procedures have altered in Western Australia following recent changes to the act.

A Violence Restraining Order (“VRO”) is no longer available if parties are in a family relationship. 

Since 1 July 2017, a person wanting to protect themselves by way of a restraining order, from someone with whom they have a family relationship should apply for a Family Violence Restraining Order (FVRO).

FVROs are intended to provide more support to victims of family violence, especially children, and make people who use family violence more accountable.

FVROs recognised nationally

Another significant change occurred at a national level. From November 25, 2017, all Domestic Violence Orders (DVOs) or equivalent, issued in an Australian state or territory, are automatically recognised and enforceable across Australia. 

If you have a restraining order (of a domestic nature) that was issued before 25 November 2017, you can elect to have it declared a nationally recognised order. Registering your order by applying to any local court in Australia, not necessarily a court in the state or territory where your order was issued, means protection nationwide.

However, if you don't plan to travel interstate or to live in another state or territory, you may choose not to declare the order to the national scheme.

When is it a Family VRO?

You should apply for a Family VRO when a family relationship exists between the victim and the perpetrator.

'Family relationship' doesn't just include immediate family. It refers to a broader group of family members, including people such as grandparents, cousins, aunts, uncles, step-siblings and in-laws.

The act considers it a family relationship where the lives of the people involved are interrelated, and the actions of one of the people affect the well-being of the other. So, a relationship exists between any two people who:

• are, or were, married
• are, or were, in a de-facto relationship with each other
• are, or were, related to each other
• are in, or were in, an intimate or other personal relationship with the other person.

To make an FVRO, the Court is required to consider, and be satisfied that:

• the person is accused of committing family violence against the Applicant has done so, and is likely to commit family violence toward the Applicant again in the future; or
• the Applicant (or a third party who is applying on the Applicant's behalf), has reasonable grounds to believe the person they wish to have restrained will commit family violence against the Applicant in the future.

What is Family Violence?

Family violence is considered to be:

• physical violence, or a threat of violence, by a person to a family member of that person; or
• any other controlling or coercive behaviour by a person towards a family member that causes the family member to be fearful.

There are many examples of family violence within relationships including but not limited to:

• Assault
• Sexual assault, or other behaviour deemed to be sexually abusive
• Damaging or destroying family property
• Derogatory comments (generally on a repeated basis) made towards a family member
• Stalking, including cyber-stalking
• Stopping the family member from connecting with their friends, other family members or maintaining their culture
• Hurting or causing the death of family pets
• Withholding financial support needed to meet the reasonable living expenses of a family member, or the family member’s child, when that person is primarily dependent for financial support
• Sharing (and threatening to share) intimate images of a family member
• Kidnapping or holding someone against their will.
• Exposing any child family member to any of the forms of abuse listed above

Even if the person related to you gets someone else to commit these sorts of acts against you, they are considered to have committed family violence. 

Significant Changes

Some of the significant changes in the reform include:

• Courts being able to look at more information when deciding on FVROs, including checking their records for previous incidents
• Children 16 and over will be able to apply for FVROs
• People who use family violence are likely to go to prison for breaking an FVRO for the 3rd time
• A victim of family violence will be able to find out when an abusive ex-partner is to be released from jail
• The court can make someone who has an FVRO made against them participate in a family violence program to help them to change their behaviour
• FVROs will be better integrated with the criminal court system making the process simpler for a victim to get an FVRO in the criminal court.

Victims of family violence often benefit from some additional information and support. You will find a list of organisations and resources that offer support to families across Australia in the Divorce Resource Crisis Support Listings.

If you need an FVRO, go to your nearest Magistrate's Court or use this FVRO Application Form. There is no fee for applying at the Magistrate's Court for an FVRO.

If you are unsure of whether or not applying for an FVRO is the appropriate course of action for you, speak in confidence to your local community legal centre, Legal Aid or a private lawyer.

Published by, Christine Weston
Founding Director and Creator of Divorce Resource

Useful Resources:

Divorce Resource Handy Calculators

More reading:

What to do if you are issued a restraining order

Help! My ex won’t let me see my children, what can I do?

Why do narcissists punish their victims?

Am I due spousal maintenance because I stopped work to have the kids?

Common Signs of Early Childhood Sexual Abuse

Legal options for victims of domestic violence

The information in this article is general and should not be considered as professional advice. You should seek the advice of a registered professional who will be able to assess your specific circumstances before offering their expert opinion appropriately.