What is a Family Violence Restraing Order (FVRO)?

A Family Violence Restraining Order (FVRO) protects a person from violence, threats of violence or any other behaviour that coerces or controls them or that causes them to be fearful.

A FVRO can be obtained against a person whom you share a family and domestic relationship. For example, a spouse, de facto partner or other relative.

A FVRO does not appear on a criminal record, unless those orders are breached.

What does the Court consider when deciding whether to grant a FVRO?

The court can make a FVRO to protect a person (the person protected) against another family member (the person bound) if:

• The person barred has committed family violence against the applicant and is likely to commit family violence against that person in the future; or
• The person protected has good reasons to fear that the person barred will commit family violence against them.

If the court is satisfied of either of those two things, it must make a FVRO against the person barred unless there are special circumstances that mean making the FVRO is inappropriate. Special circumstances do not exist simply because the parties can apply, or have applied, for a particular family order.

What is family violence?

The following behaviours may be considered family violence for the purpose of FVRO matters:

•  an assault; or

• a sexual assault or other sexually abusive behaviour; o

• stalking; or

•  repeated derogatory taunts; or

• intentionally damaging or destroying property; or

• intentionally causing death or injury to an animal; or

• unreasonably denying the family member the financial autonomy that he or she would otherwise have had; or

• unreasonably withholding financial support needed to meet the reasonable living expenses

• preventing the family member from making or keeping connections with his or her family, friends or culture; or
• unlawfully depriving the family member, or any member of the family member's family, of his or her liberty.