What is a Violence Restraining Order (“VRO”)?
The Court will also only make a VRO 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, VRO’s are for persons such as, for example, neighbours, friends/former friends, colleagues/co-students, members of a club/ association or any other persons in which you are not in a ‘family relationship.’
What is personal violence?
The term ‘personal violence’ includes, but is not limited to, assaults/personal injury, kidnapping, deprivation of liberty, stalking, threatening to commit any of the above acts, or procuring a third party to do any of the above acts.
What is the purpose of a VRO?
The purpose of a VRO is to restrain a person from committing acts of personal violence towards another person. It can include whatever restrictions the Court considers necessary to stop the problem behaviours such as restraints in relation to communications and also restraints in relation to coming within close proximity to a person or their home, workplace, school or other specific place.
Can a VRO be made to protect a child or children?
A VRO can be made for the benefit of a child if the court is satisfied that the child has been exposed to personal violence or there are reasonable grounds to apprehend that the child will be exposed to personal violence. A child is exposed to personal violence if the child sees or hears the violence or otherwise experiences the effects of the violence.
How and where to apply for a VRO?
To apply for a VRO, 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 VRO.
If an interim VRO 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 a VRO?
Following service, the respondent has 21 days to lodge an objection to the VRO. If the respondent fails to do so, the interim VRO will be made final for the duration listed therein. If the respondent does lodge an objection, the interim VRO 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 VRO being dismissed or the VRO being made final in the event of non- attendance.
Can VRO’s be resolved by agreement?
VRO’s can be resolved by way of Undertaking. An Undertaking is a promise the respondent (or a person bound by an interim VRO) gives to the Court that they will not do certain things which if agreed, can result in the interim VRO being cancelled. A breach of an Undertaking is not a criminal offence but can still be reported to WA Police (depending on what happened with the breach) and can be used as grounds to seek another VRO.
Breaches of VRO
During the duration of an interim or final VRO, any breaches of the terms of the VRO 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 VRO’s in a timely manner regardless of whether you are the applicant (person protected) or the respondent (person bound).
If you are considering applying for a VRO, it is worthwhile obtaining legal advice prior to doing so.
If you have obtained an interim VRO and the other person has lodged an objection, you should immediately obtain legal advice upon receiving notification of an objection being filed and seek legal representation to assist you with finalising the VRO proceedings and represent you at the contested trial.
If you have been served with an interim VRO, you should immediately obtain legal advice in relation to the terms of that order the consequences of breaching those terms and to assist you with lodging your objection, finalising the VRO proceedings and represent you at the contested trial.
At Prime Law, we provide advice on applying for, or challenging, an VRO as well as all aspects related to VRO’s including criminal law charges for breach. If you require any assistance on a VRO matter, please do not hesitate to contact our office.
The content of this website is informative only, it is not legal advice.