Tag Archives: De Facto

Australia has seen a rise of domestic violence over the past number of years. However, victims of violence may be able to receive protection by way of a restraining order.

If you feel threatened, intimidated or are being harassed by another person, then you should consider applying for a restraining order, especially if you are concerned that such acts will continue.  There are two types of restraining orders that you can apply for: Violence Restraining Order and Misconduct Restraining Order.

What is a Violence Restraining Order (VRO)?

A Violence Restraining Order (VRO) is an order made by the Magistrates Court to restrain a person from committing an act of abuse, causing fear, or intimidation to another person. There are two types of VROs,:

1. a VRO against a person with whom you are in a family or domestic relationship; or
2. a VRO that is against a person with whom you are not in a family or domestic relationship.

The purpose of a VRO is to protect you against a person who has or is committing acts of abuse and/or is intimidating towards you. This can include stopping a person from damaging your property.  You can apply for a VRO if the person has committed an act of abuse towards you or if you fear that the person will commit an act of abuse.

What is an Act of Abuse?

An act of abuse includes any assault, whether it causes injury or not, any act that causes an injury, kidnapping, stalking, or threats to do any of the things mentioned. An act of abuse can also include damage to your property and continuous behaviour that is frightening, or emotionally abusive to you.

What will a Violence Restraining Order (VRO) do?

A restraining order acts to bind an offender to certain conditions. For example, a VRO condition may require that a person not come near your home or place of work, or within a certain distance of you. They may not even be allowed to call or message you, or call or message your friends. The conditions set will depend on your individual situation, and the VRO will be worded accordingly.

A VRO may be in place for up to two (2) years. If a person disobeys or breaches the terms of the restraining order, they may be fined or face imprisonment.

How do I obtain a Violence Restraining Order (VRO)?

In Western Australia, you can obtain a VRO through an application to the Magistrates Court.

In order to obtain a VRO, you will be required to give the Court verbal evidence or a written affidavit, which is a written statement confirmed by oath or affirmation. The respondent to the VRO application (the person you are seeking protection against) can either consent to it or lodge an objection.

There will be a hearing if the respondent lodges an objection, which you will be required to attend. The Court will then decide on whether or not to serve a Final Violence Restraining Order, and if so, the conditions of the order.

If you require an interpreter due to language difficulties, the Court can appoint one for you free of charge.

What is a Misconduct Restraining Order (MRO)?

A Misconduct Restraining Order (MRO) is an order made by the Court to stop a person from behaving in an intimidating or offensive way towards you. This can include stopping a person who is causing damage to your property or acting in a way that is breaching the peace. However, unlike a VRO, a MRO does not apply to someone you are in a family or domestic relationship with.

While an application for a MRO is similar to that of a VRO, an MRO is considered a lessor order. A MRO may be in place for up to one (1) year.

Who can apply for a Restraining Order?

You can apply for a restraining order if you are seeking protection against a person. If you are over the age of 18, you can apply to the Magistrates Court for a restraining order. If you are under the age of 18, a parent, guardian or an adult can apply on your behalf.

What can Tang Law do?

At Tang Law, we know that this may be a difficult and troubling time for you, and we want to make it as simple and easy as we can for you.

We will be with you, every step of the way from your application to the Court, through to getting the restraining order. We can provide legal advice on the best way to approach the situation and how your application for a restraining order can be successfully made.

Please feel free to contact our solicitors today.

ABOUT THE WRITER

Kelvin Tang has over 14 years’ experience practising law in Western Australia. He is the founder and Principal Partner of Tang Law based in Perth, Western Australia. Kelvin is a Registered Migration Agent (MARN: 1386452) and has extensive experience in providing family law advice to clients, making divorce applications and applying for Consent Order. Kelvin is able to offer his clients clear and practical advice in relation to children’s disputes, property settlements between married and de-facto couples, spousal maintenance and child support.