Filling out the forms - Interim FVROs

Logo for FRVO self-help guideTo apply for an interim FVRO, you will need to complete an application form and an affidavit. There is no fee to apply for an FVRO.

The application process is slightly different depending on whether you apply in person or online.

When you apply in person, the application form has a spot where you need to give a short summary of the Respondent's behaviour, which could include:

  • what sort of things happened
  • how often they happened, and
  • roughly when they happened.
Remember, the definition of family violence is much broader than physical violence.

Your affidavit is where you should provide more detailed evidence about exactly what has happened. Even if other people did not witness something, or you didn't report the incident to police, you can include what happened in your affidavit. When lodging your application in person or by fax, you will need to sign your affidavit and swear on oath or make an affirmation in front of an authorised witness (such as a lawyer or Justice of the Peace) that what you have put in your affidavit is true.

To apply online, you must use an approved legal service provider. When you apply, there is a text box where you set out in detail the evidence in support of your application.

You will be asked by the approved legal service provider to declare that the information you have provided in your application is true. Your application then becomes your affidavit and can be used in court as your evidence for why the court should make an FVRO.

Filling out the application form 

Most courts will have a support service that can help you fill out the application forms. 

Whether you are applying in person, by fax, or online through an approved legal service provider, these are the six key parts to the FVRO application form, with most questions needing specific information (such as names, address, phone numbers) or answers by ticking a box. The online form has some different headings.

  1. Nature of the relationship - how are/were you and the Respondent in a 'family relationship'?

  2. Person seeking to be protected - personal information and contact details for the person wanting the FVRO. it is important to include your phone number and email address if possible. The Respondent does not get this information.

  3. Person you are seeking the order against - personal information and contact details for the Respondent. Include as many contact details as you can and try to have the correct spelling of the Respondent's name and their date of birth.

  4. Person lodging the application - is it the person seeking to be protected, or someone else?

  5. Grounds for the application - Is it because of something the Respondent has done, or something you are worried they will do (or both) including exposing a child to family violence? Has a child been exposed to an act of family violence?

  6. Application details - This is where you set out the evidence you can give in support of your application. It can include a summary of the Respondent's behaviour and you can include your children with your application. Try to focus on the most serious and most recent acts of family violence.

When you apply in person or by fax, to be able to get an interim FVRO without having to tell the Respondent about the application or hearing, you must tick the 'Yes' box to have the application heard in the absence of the Respondent. 

The video below has some tips to help you complete the application form and information on what forms of family violence might be mentioned in an application.

Video: Practical tips from a lawyer

Preparing your affidavit

Your local community legal service, Aboriginal Family Law Services, Marninwarntikura Family Violence Prevention and Legal Unit, Albany Family Violence Prevention Legal Service, or staff from the Legal Aid WA Domestic Violence Legal Unit may be able to help prepare your affidavit. All are approved legal service providers who can help you lodge your application online if that is easier and safer for you.

Your affidavit is where you can explain what has happened and explain why there are grounds for the court making an FVRO against the Respondent.

  • Take the time to gather your thoughts and be clear about what you want to say.
  • The more information you put in your affidavit, the easier it will be.
  • If your affidavit is clearly written and explains what has happened in an understandable way, some Magistrates will let you adopt the contents of your affidavit as your evidence for the first hearing.

Your affidavit is also where you can let the court know what conditions you would like included in an FVRO.

Video: Practical tips from a magistrate 
Remember, what you put in the application form and the affidavit will be made available to the Respondent if the court makes an interim FVRO. 

Useful documents

Application forms

You can also get the forms over the counter from the court registries.

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.