Urgent Family Violence Restraining Orders

Urgent Family Restraining Orders.

What to do if you are in immediate danger and require urgent assistance.

Contact the Western Australian Police on 131 444 or 000 in an emergency, they may issue a Police Order for your protection.

Police Orders are usually made for a period of either 24, 48 or 72 hours. That may give you sufficient time to apply for a FVRO.

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.

Other Urgent Matters we offer, urgent assistance with

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Our aim is to minimise the fallout of disputes on families – both in the short term, and into the future. Our experienced lawyers have the welfare of children and families front of mind. Paterson & Dowding Family Lawyers work closely with clients to secure the best outcomes for families in the medium – longer term.

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