I didn't get an interim FVRO - Interim FVROs
If the magistrate or Justice of the Peace did not grant your application for an interim FVRO, you have several options to consider.
You can:
- proceed with your application and go to a final order hearing
- withdraw your application and reapply if there is a new incident of family violence
- consider appealing the decision
- look at other ways to get protection.
1. Go to a final order hearing
If you have not been given an interim FVRO at the first hearing, and your application has not been dismissed, it will be set down for a final order hearing at which both parties will be heard and a decision made.
In some courts, the matter will be listed for a mention before it gets to a final order hearing.
2. Withdraw your application
If the court is not going to make an interim FVRO, and you don't want to go to a final hearing (because you don't want the Respondent to know you are trying to get an FVRO), you also have the option of telling the magistrate you don't want to continue with the process. The magistrate will dismiss your application.
You can apply for a new interim FVRO if there is a new incident of family violence. Remember, the definition of family violence covers a lot more than physical violence.
3. Lodge an appeal
If the court dismissed your application for an FVRO, you can appeal against that decision by going to the District Court of WA. You can download a guide on how to represent yourself in an appeal about a restraining order decision from the District Court of WA website
Get legal advice quickly if you are considering an appeal. Time limits apply.
You cannot appeal against the court's decision to not make an interim FVRO and list the case for a final order hearing.
4. Look at other ways to get protection.
Family Violence Restraining Orders can be made in other court proceedings. FVROs and other court protections are available in cases in criminal courts, the Children's Court and the Family court.