What if the respondent doesn't object? - Interim FVROs

Logo for FRVO self-help guideThe Respondent has 21 days after being served with the interim FVRO to object to your application.

If the Respondent does not file their objection with the court within 21 days, the interim FVRO will automatically become a final order.

The court will send you and the Respondent a notice to say that the interim FVRO has become a final order. The notice will include a copy of the final order, which will say what if covers and how long it lasts.

The final order can be enforced straight away, without needing to serve the Respondent again.

What if the Respondent is late in putting in an objection?

If an objection is not received by the court within 21 days of when the Respondent was served with the interim FVRO, the interim FVRO automatically becomes a final order. 

In limited circumstances, the Respondent can apply to set aside the final FVRO if they can show they had a good reason for not putting in an objection within time. 

During this process, you will still have the protection of either the final order, or the original interim FVRO.

If the Respondent wants to make an objection after the interim FVRO becomes a final order, the registrar will set a hearing. Only the Respondent attends this hearing. You will not be told about the Respondent's application at this stage and the final order remains in place.

If the court doesn't think there was any good reason for the Respondent being late in making an objection, the application to set aside the final order will be dismissed and the final FVRO remains in place.

If the court thinks the Respondent might have had a good reason for not sending their objection to the court on time, the Respondent's application to set aside the final order will be listed for another hearing. You will be sent a summons to let you know the next hearing date and can come to court and oppose their application if you want. The final order still remains in place. If you receive a summons from the court, it is recommended you get legal advice if possible. 

At the next hearing, if the court eventually agrees that the Respondent had a good reason for not being able to send in their objection in time, the court can set aside the final order, but it will remake the original interim FVRO. The case will then be treated as if the Respondent had sent in an objection in time.

Otherwise, the Respondent's application to set aside the final order will be dismissed, and the final order will remain in place.

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.