Where do I apply? - Interim FVROs
Which court can deal with your application depends on the ages of the people 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, the application must be made to a 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.
When will my application be heard?
Depending on where and when you file your application, some courts may be able to hear your application on the same day. In other courts, FVRO applications are not heard every day and your application may be listed for a first hearing on another day.
Metropolitan Magistrates Courts
Perth Magistrates Court hears applications every weekday and your application will often be heard on the same day it is filed.
If you are applying at another court, ask the court staff when your application is likely to be heard before you file it. If court staff tell you that the FVRO application will not be heard for a week or more, and you do not feel it is safe to wait that long for the first hearing, you can take the application to another Magistrates Court if it can hear your application sooner (on the same day or very soon afterwards). If you lodge your application online through an approved legal service provider (such as Legal Aid WA), you can select the first available time convenient to you. If you need a hearing before then, you and your approved legal service provider will need to contact the court to see if an earlier hearing time is available.
Metropolitan Children's Courts
A magistrate is available every weekday to hear FVRO applications at the Perth Children's Court. If you want the application to be heard on the same day, you must complete and file your application with the court before 3.00 pm.
In the outer metropolitan courts, a Children's Court magistrate is not always available. If you file your application at an outer metropolitan court, and it is a day when the Children’s Court is in session, your application can be heard there on the same day. Otherwise, your application will be sent to the Perth Children’s Court for hearing on the next working day.
Speak to your local court registry to find out how things work in your local court. Some regional courts:
- do not hear FVRO applications every day
- have a cut-off time to file your application if you want a hearing on the same day.