What is a Misconduct Restraining Order (“MRO”)?
The Court will also only make an MRO if it is appropriate in the circumstances and if it is satisfied that the parties are not in a family relationship.
The definition of ‘family relationship’ is very broad and is contained in section 4 of the Restraining Orders Act 1997 (WA). As such, MRO’s are for persons such as, for example, neighbours, friends/former friends, colleagues/co-students, customers/clients, members of a club/ association or any other persons in which you are not in a ‘family relationship’.
What is the purpose of an MRO?
The purpose of an MRO is to restrain a person (the person bound) from intimidating, offensive, disruptive, or disorderly behaviours towards another person (the person protected). It can include whatever restrictions the Court considers necessary to stop the problem behaviours such as restraints in relation to communications and restraints in relation to coming within close proximity to a person or their home, workplace, school, or other specific place.
How to apply for an MRO?
To apply for an MRO, you need to complete and lodge an application with the relevant Court (Magistrates Court or in some matters, the Children’s Court) and pay a prescribed Court application fee.
Upon the lodgement of an MRO application, the Court will list the matter for an initial hearing and the other party will be summonsed to attend. At this initial hearing, the Court will determine whether the applicant wishes to proceed with their application and if the respondent disputes the MRO being made against them as well as the number of witnesses to be called by the respective parties (if applicable). The Court will then set another hearing date to determine the MRO application (i.e. whether it will be granted or dismissed). If an MRO is made, it will be for the time stipulated in the order or otherwise one year if against an adult and 6 months if against a child.
Breaches of MRO
During the duration of the order, any breaches of the terms of the MRO are a criminal offence which are dealt with by WA Police.
Legal Advice and Assistance
You should obtain legal advice if you are considering applying for an MRO and before you apply for an MRO. If you are served with a summons to attend Court in relation to an MRO, you should obtain legal advice.
At Prime Law, we provide advice on applying for, or challenging, an MRO. If you require any assistance on an MRO matter, please do not hesitate to contact our office.
The content of this website is informative only, it is not legal advice.