Court procedure for FVROs
If you are 16 years or older, you can apply for an FVRO against another family member.
Applications for FVROs can also be made by:
- a police officer, to protect an adult or a child
- a parent, guardian or child protection officer, to protect a child
- a person’s guardian appointed under the Guardianship and Administration Act 1990 (WA).
You can apply to protect more than one person under a single FVRO (for example, an application to protect you and your children), but the court will need to decide if it should make an FVRO protecting each person.
Where can I apply for an FVRO?
It depends on the ages of the person who will be protected by the FVRO, and the person the application is against.
If you want an FVRO against someone under 18 years old, you must apply in the Children’s Court.
If the application is to protect someone under 18 years old and is against someone older than 18 years old, you can apply in the Children’s Court or the Magistrates Court.
Otherwise, you must apply in the Magistrates Court.
If you are applying for an FVRO against an adult in the Magistrates Court, you can ask the court to extend the FVRO to protect children under 18 years old using the same application.
To apply, you need to complete the relevant form and can also provide a sworn or affirmed statement of evidence to be used in the hearing. The court does not charge court fees for FVRO applications. You cannot be ordered to pay the respondent's legal costs unless your application was made without any good reason or to harass or inconvenience the respondent.
If you urgently need an FVRO, or it is not practical to apply in person at the court, a police officer can help you to apply for an FVRO over the telephone.
What happens in court during the first hearing?
After you file your application form at the court, it will give you a date and time to come back for a hearing. This might even be on the same day. The courtroom will be closed to the public and the respondent will not be there.
If you made an affidavit, the court will read it and might ask you some extra questions. You might need to give evidence in court about your situation and what has happened. The court will consider the evidence you have provided about your relationship with the respondent and the reasons why you want a FVRO to be made.
The court can make an interim FVRO, dismiss your application, or adjourn the case to another hearing so the respondent can come to court.
What happens if an interim FVRO is made?
The police will serve the interim FVRO on the respondent. Once it is served on the respondent, the interim FVRO can be enforced by the police and the court.
Once served, the respondent has 21 days to object to a final FVRO being made. They can ask the court for a copy of your affidavit and a transcript or record of what was said at the first hearing.
If the respondent does not object to the interim order within 21 days, it automatically becomes a final FVRO. If the respondent sends in a notice of objection to the court, the interim order will remain in place. You and the respondent will need to come back to court for a hearing so the court can decide if a final FVRO should be made. Objecting to an interim FVRO does not mean the order is cancelled.
How long does an FVRO last?
An interim FVRO stays in force until it becomes a final FVRO, or is cancelled or dismissed by the court.
A final FVRO against an adult usually lasts for two years, and up to six months against a child or young person. You can ask for an order against an adult to be longer if you prove it is necessary. Final orders can run for different times if they are varied or cancelled by the court.
If the respondent is in prison when the order is made, the order can be enforced while they are in prison, but the duration of the order only starts to run when they are released from prison. For example, a two year FVRO would continue to be in place until two years after the respondent was released from prison.
How else can a court can make an FVRO?
FVROs can be made during other cases and in other courts. This includes:
- in bail applications and court cases about criminal charges
- when sentencing people for violent or sex offences
- during parenting cases in the Family Court of WA
- during protection and care cases in the Children's Court of WA.
- Magistrates Court of Western Australia - Family Violence Restraining Orders
- Children's Court of Western Australia - Family Violence Restraining Orders
Reviewed: 6 April 2018