Who can apply? - Interim FVROs
You can apply for an FVRO against someone if you are, or have been, in a family relationship with that other person.
You are called the 'Applicant' or 'Person seeking to be protected'. The person you want the order against is called the 'Respondent' or the 'Person bound' if an order is made.
If you are 16 years of age or older, you can apply for an FVRO yourself (or the police can apply for you).
Until you turn 18 years old, an application for an FVRO can also be made for you by a parent, guardian, child protection worker or the police.
How do I know if I am or have been 'in a family relationship' with the other person?
The definition of family member is broad and covers current and former:
- spouses, partners, siblings, children, parents, grandparents and step-family relationships, as well as other relatives, and
- people from intimate or family-type relationships, including carers.
It also covers the former spouse or former de facto partner of the other person’s current spouse or current de facto partner.
The FVRO application form lists some examples of people who can be in a family relationship with each other.
What if I already have a restraining order from interstate?
Australia now has a system of national recognition for family violence restraining orders (sometimes called Domestic Violence Orders).
This means that once a new DVO comes into force (normally when it is served on the Respondent), it automatically applies in all places across Australia, without having to be registered in every individual state or territory.
Your current DVO will automatically apply in WA and throughout Australia if it:
- was made on or after 25 November 2017 (in any Australian state or territory, including 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 DVO was made before 25 November 2017, you can apply to a Magistrates Court in WA to have it nationally recognised and enforced across Australia. This may be simpler, quicker and safer than applying for a new FVRO.
More information about national recognition and registration is available in Find Legal Answers: Interstate and overseas restraining orders.