Can I Get a Restraining Order for Harassment in Western Australia?

If you happen to be a victim of domestic harassment, you can apply for a restraining order. However, you should note that there are different types of orders depending on who is harassing you and what they are doing. A domestic violence lawyer in Perth can help explain the protection options available when harassment becomes threatening or persistent.

A former partner or family member may fall under a Family Violence Restraining Order (FVRO). If someone who is not from the family is stalking or making personal threats, they can be dealt with using a Violence Restraining Order (VRO), while some other intimidation and offences can fall under the Misconduct Restraining Order (MRO). The difficult part is to find how the facts fit into the criteria and produce sufficient evidence with the assistance of family law solicitors Perth for the court to act.

The Relationship Determines Which Order Applies

The first challenge is choosing the correct order. WA law separates family violence, personal violence and misconduct, so the relationship matters from the beginning. Here are the key distinctions-

• FVRO: Used for a family member, including a current or former partner, where the conduct amounts to family violence.
• VRO: Used for a non-family person where there is a risk of personal violence, including stalking or threats.
• MRO: Used for non-family conduct that is likely to be intimidating or offensive, damage property, or breach the peace.

An MRO cannot be made where the protected person and respondent are in a family relationship. If you are not sure which order is right for you, get the help of the best family lawyers in Perth.

The Nature Of The Harassment Determines Whether Protection Is Available

Harassment is not treated as one broad legal category in WA. The court looks closely at what the person is doing and the risk created by that behaviour. Persistent unwanted contact can matter, while stalking, threats and intimidation can change the legal position.

WA law expressly recognises stalking and cyber-stalking within family violence, while stalking is also included within personal violence for VROs. If you aren’t clear whether you are being harassed or facing violent misconduct, get in touch with Family Lawyers Perth for expert guidance.

The Evidence Can Determine How Clearly The Risk Is Established

Continuous harassment becomes very hard to justify when each incident seems minor alone. The court must have enough information to determine the pattern and potential risk involved.

Here are useful records to keep-

• Screenshots of messages, emails and social media posts.
• A dated diary recording each incident.
• Photos of damage or injuries, where relevant.
• Witness names and contact details.
• Police reports and event numbers.

The Urgency Of The Situation Can Change The First Step

The process can be different when there is an immediate safety concern. For an FVRO or VRO, the court can make an interim order before the respondent has attended the first hearing. An MRO does not provide the same without-notice pathway.

Below are the main points-

• FVRO/VRO: An interim order can be considered without first notifying the respondent.
• MRO: The respondent receives a summons for the first hearing.
• Police Order: In family violence matters, police can make temporary orders lasting up to 72 hours.
• Immediate danger: Call 000 rather than waiting for a court hearing.

These are all separate procedures and require hiring the right lawyers. For instance, if you are facing violence at home, get in touch with a domestic violence lawyer.

The Filing Requirements Can Create Practical Difficulties

The process and charges depend on the case. Applications for FVROs and VROs do not require you to pay any court application fee, while the MRO does have one.

Here are the practical points-

• FVRO and VRO applications can be lodged at a Magistrates Court registry.
• You have to be physically present to lodge MRO applications through the Assisted Lodgment section of eCourts.
• The current MRO fee is $190.50, or $57 for an eligible individual.

Reach out to domestic assault lawyers and look at the fees at the Magistrates Court before filing.

The Respondent’s Past Behaviour Can Affect The Court’s Assessment

The court can consider more than the latest incident. Previous behaviour, police information and other relevant circumstances can help assess whether protection is necessary.

Here are factors that may be considered-

• Earlier incidents involving the respondent.
• Police incident reports.
• Relevant criminal convictions.
• Previous similar behaviour.
• Relevant risk information.

For FVROs, the legislation also directs the court to consider children’s safety, accommodation needs, hardship and other risk-related information. Getting the help of a restraining order lawyer in Perth can be a smart decision.

Wrapping Up

In WA, harassment is grounds for protection, although the exact order of precedence will depend upon certain factors. Document what happens, choose the correct pathway, and seek legal advice from top family lawyers in Perth where the position is unclear.