A person can be charged with breaching a Family Violence Restraining Order (FVRO), Violence Restraining Order (VRO), Misconduct Restraining Order (MRO) and a Police Order under the Restraining Orders Act 1997 (WA).
A person who is bound by an FVRO, VRO or Police Order who breaches that order commits an offence and the applicable penalty is a fine of $10,000 or imprisonment for 2 years or both.
A person who is bound by an MRO who breaches that order commits an offence and the applicable penalty is a fine of $1,000.
These matters are dealt with in the Magistrates Court unless the alleged offender is a child in which case it is dealt with in the Children’s Court.
The penalty that will be imposed will depend on the circumstances of the case however, an offence is made more serious if the breach of restraining order resulted in a child family member being exposed to family or personal violence.
There are also only certain circumstances where the protected person aiding the breach of an order by the person bound can be considered a mitigating factor for sentencing purposes.
If a person breaches an FVRO, VRO or Police Order more than once within the last 2 years, they may be considered a repeat offender and be subject to mandatory sentencing provisions and be liable for a term of imprisonment.
There are also situations where an offender may be required to participate in a behaviour change program or may wish to participate in one before being sentenced.
Legal Advice and Assistance
If you have been charged with breaching a restraining order, you should immediately obtain legal advice and may also wish to obtain legal representation.
At Prime Law, we provide advice on all criminal offences related to a breach of a restraining order. If you require any assistance on any criminal charges for breach of a restraining order, please do not hesitate to contact our office.
The content of this website is informative only, it is not legal advice. The penalties stated herein are also subject to change by way of amendments to the Restraining Orders Act 1997 (WA).