I didn't get an interim FVRO - Interim FVROs
If the magistrate did not grant your application for an interim FVRO, you have several options.
- 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 where both parties will be heard before a decision is made.
In some courts, the matter will be listed for a mention or directions hearing before it gets to a final order hearing. Check with the court if you are not sure.
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 magistrate's decision not to make an interim FVRO, but to list directly to 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 court proceedings, in child protection proceedings in the Children's Court and during Family Court proceedings. However, in most cases, the Family Court will require you to go to the Magistrates Court to apply for an FVRO. An interim order can be made without the other person being present.