Orders to help keep you safe
If you are in immediate danger, call 000. For non-emergency help from the police, call 131 444.
This webpage has information about different orders that can be made to help keep people safe.
The police have the power to make a restraining order when they are investigating and responding to family violence. These are temporary orders that last for up to 72 hours.
Applications can be made to the Magistrates Court for a family violence restraining order (FVRO) to protect you (and children in some cases) for a longer period of time. The Children’s Court of WA and Family Court of WA can also make orders to help protect people.
How can an FVRO help keep me safe?
If you are worried about your safety and want a current or ex-partner, or another family member, to stop doing certain things (for example, not to come near you or your house) you may wish to consider applying for an FVRO.
You can make an application to the Magistrates Court or the Children's Court for an FVRO and the court will carefully consider your application and decide whether there are grounds to make an FVRO.
If an FVRO is breached by the person bound by the order:
- the police can enforce it, and
- it is a criminal offence and serious penalties apply including imprisonment in some cases.
You can make an application for an FVRO to the Magistrates Court. In some cases, an FVRO made by the Magistrates Court can also protect children. An application can also be made to the Children’s Court for an FVRO to protect a child. An application must be made to the Children’s Court if protection is sought against a person aged under 18. You should get legal advice about this situation.
For more information about FVROs for adults or children see the webpage: Restraining orders.
What orders can the Family Court make to help keep me safe?
The Family Court can make personal protection injunctions to restrain a person from doing certain things. The Family Court can make injunctions for the protection of a child, a parent or someone else involved in the child's life. If a personal protection injunction is breached, you can apply to the Family Court to deal with the breach and the court may impose penalties.
If there is a current Family Court case, you can ask the court to make an FVRO protecting you from your ex-partner or another person involved in the case. However, in most cases the Family Court will require you to go to the Magistrates Court to apply for an FVRO. If you have a current Family Court case and you think you may need to apply for an FVRO, you should get legal advice.
What orders can the Children's Court make to help keep me safe?
If you have a child protection case in the Children's Court you can ask the Children's Court to make a restraining order against another person in the case (or a person who gives evidence in the case). The court will carefully consider your application and decide whether to make a restraining order.
Reviewed: 8 January 2024