What is a Family Violence Restraining Order (“FVRO”)?
The definition of ‘family relationship’ is very broad and is contained in section 4 of the Restraining Orders Act 1997 (WA). It covers current and former spouses/ defacto partners, siblings, children, parents, grandparents, step-family relationships, other relatives, members of intimate or family type relationships and even current or former partners of a person’s ex.
What is family violence?
The term ‘family violence’ does not just mean physical violence. It can include verbal abuse, repeated derogatory remarks, stalking, damaging, or destroying property, financial abuse, emotional abuse, psychological abuse, sexual abuse, and coercive control type behaviours.
The Restraining Orders Act 1997 (WA), provides a definition of the term ‘family violence’ and sets out examples of behaviours that may constitute ‘family violence’ but it is not an exhaustive or limited list of examples.
What is the purpose of an FVRO?
The purpose of a FVRO is to restrain a person (the person bound) from committing acts of family violence towards another person (the person protected). An FVRO can include whatever restrictions the Court considers necessary to stop the problem behaviours and provide the applicant with protection such as restraints in relation to communications and also restraints in relation to coming within close proximity to the person protected or their home, workplace, school or other specific place.
Can an FVRO be made to protect a child or children?
An FVRO can be made for the benefit of a child if the court is satisfied that the child has been exposed to family violence or there are reasonable grounds to apprehend that the child will be exposed to family violence. A child is exposed to family violence if the child sees or hears the family violence or otherwise experiences the effects of the family violence.
How to apply for an FVRO?
To apply for a FVRO, you need to complete and lodge an application with the Magistrates Court (or in some circumstances related to children, the Children’s Court). The Court will then list the matter for an initial hearing as soon as possible (often the same day as the application being lodged) and this initial hearing will be in a closed court and heard on an ex-parte basis (i.e. without the other person present). At this initial hearing, the Court will decide whether to grant an interim FVRO and the duration of the order (commonly 2 years with respect to adult applications and 6 months if against a child). If the interim FVRO is granted, it will not take effect until it has been personally served on the respondent or person bound by WA Police.
What happens after service of an FVRO?
Following service, the respondent has 21 days to lodge an objection to the FVRO. If the respondent fails to do so, the interim FVRO will be made final for the duration listed therein. If the respondent does lodge an objection, the interim FVRO will remain in place pending the next Court event which may be a mediation type conference, a Final Order Hearing (i.e. contested trial) or a procedural hearing for the purposes of listing a Final Order Hearing.
It is extremely important to check the Court hearing notice received to ascertain what the next Court event is as failure to attend can result in the FVRO being dismissed or the FVRO being made final in the event of non- attendance.
Can FVRO’s be resolved by agreement?
FVRO’s can be resolved by way of Undertaking or Conduct Agreement Order (CAO). There are significant differences between the two. An Undertaking is a promise the respondent (or a person bound by an interim FVRO) gives to the Court that they will not do certain things which if agreed, can result in the interim FVRO being cancelled whereas a CAO is a without admission consent by the respondent to be bound by a CAO which if breached is a criminal offence.
Breaches of FVRO
During the duration of an interim FVRO or final FVRO, any breaches of the terms of the FVRO are a criminal offence which are dealt with by WA Police.
Legal Advice and Assistance
It is important to obtain comprehensive legal advice in relation to FVRO’s in a timely manner regardless of whether you are the applicant (person protected) or the respondent (person bound).
FVRO’s can have significant impacts on individuals such as, preventing a person from living in a property they own or have an interest in as well as impacting a person’s ability to spend time or communicate with their children.
At Prime Law, we provide advice on applying for, or challenging, an FVRO as well as all aspects related to FVRO’s including criminal law charges for breach and family law matters related to the FVRO. If you require any assistance on an FVRO matter, please do not hesitate to contact our office.
The content of this website is informative only, it is not legal advice.