Filling out the forms - Interim FVROs
Filling out the application form
Most courts will have a support service that can help you fill out the application forms.
The application form asks if you object to your case being listed for a conference if one is available at your court. If you object you are saying you want to opt out, or not go, to a conference.
A conference is like a mediation to try to get agreement on your FVRO if the Respondent opposes the FVRO being made.
A conference is a meeting where you and Respondent will sit down and talk with the registrar about the FVRO. It will not happen unless both you and the Respondent agree to participate. You will be in separate rooms and will not see each other at court. The registrar will help you both talk in a respectful way to see if you can agree about what should happen with the FVRO.
Get legal advice before you object to your case going to a conference
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.
Nature of the relationship - how are/were you and the Respondent in a 'family relationship'?
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.
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.
Person lodging the application - is it the person seeking to be protected, or someone else?
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?
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.
Preparing your affidavit
Your local community legal service, Aboriginal Family Law Services, Marnin Family Support 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.
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.
You can also get the forms over the counter from the court registries.