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1. RESTRAINING ORDERS FAMILY/DOMESTIC VIOLENCE THE LAW W HAT CAN THE POLICE DO? RESTRAINING ORDER TYPES
Welcome to Dean R Love & Associates, Barristers & Solicitors
Restraining Orders
If someone is violent to you, threatens you
or your property, harasses or intimidates
you and you are concerned that it will
continue then you can apply to have a
restraining order taken out against them. Although each order
is individual, a restraining order can make it against the law for
that person to come near you or your property. If they did,
then they would be committing an offence.
Contact Dean R Love &
A restraining order is designed to prevent acts of physical
Associates for a consultation:
violence or to stop threats in the future. It is an order of the
court requiring a person to behave in certain ways and is 1st Floor, 231 Adelaide Terrace
worded to fit each particular circumstance. If a person PERTH WA 6000
disobeys the terms of a restraining order, they may be fined
or imprisoned. Ph: (08) 9218 9993
Fx: (08) 9218 9557
The "applicant" is the person applying for a restraining E: enquiries@drllegal.com.au
order. W: www.drllegal.com.au
Apply For Legal Aid
The "respondent" is the person against whom the order
is made.
An application for an order may be made by: Send Us A Query:
A police officer on behalf of a person or a group of the If you would like to submit a query, please
public, provide complete the form below:
The person seeking the protection of the order,
The parent or guardian of a child First Name:
The guardian of a person.
Last Name:
Applications for either type of order can be made by attending Address
the Magistrates Court of WA (or, where the respondent is a Street 1:
juvenile, to the Children's Court) during normal office hours,
Address
(9am to 4pm).
Street 2:
The police can apply on your behalf, and in cases where C ity:
violence has occurred, they are encouraged to apply on your Post C ode:
behalf.
State: AC T
What is a Restraining Order?
Daytime
Restraining orders are orders made under State or Territory Phone:
laws that provide a quick and flexible method of obtaining
Evening
legal protection from many forms of violence or unacceptable
Phone:
behaviour, for example:
Email:
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Physical abuse, e.g. using physical force
C omments:
Sexual abuse, e.g. forced sexual activity
Psychological abuse, e.g. humiliation, intimidation

2. Property damage. Submit Reset
What laws apply?
The Restraining Orders Act 1997 (WA) Dean R Love
allows for two types of restraining order: & Associates
Barristers & Solicitors
Misconduct Restraining Orders, which
usually last for 12 months
Violence Restraining Orders, which
usually last for 24 months.
Violence Restraining Orders
Violence restraining orders are the more serious of the orders
and are intended to restrain a person who: you believe is likely
to either commit a violent personal offence against you, or a Dean R. Love & Associates, Barristers &
person for whom you have legal responsibility - such as a Solicitors, is a boutique legal practice that aims
child; or behave in a way to create a fear that such an offence to provide a high standard of legal service, at a
will be committed. price affordable to ordinary people.
If you have already been attacked or threatened with violence,
For many people, the prospect of going to court
a criminal offence may also have been committed.
is a daunting one, and the thought of
consulting a law yer about their legal rights is a
You should tell the police and ask for an offence report
number. confusing process. Often, people are uncertain
about w hat to ask, and w ho to ask about a
Under special circumstances, a violence restraining order can particular problem. For this reason, w e w ill
arrange an initial interview w ith you to discuss
be sought by the police on your behalf by telephone, at any
time, any day. your matter and to decide how best to
proceed.
Your first action in an urgent situation should be to call the
We aim to establish right from the outset w hat
police. If considered appropriate, the police will then seek an
your options are for legal action, w hat the likely
urgent telephone hearing with a Magistrate.
costs w ill be and w hat the most efficient means
of dispute resolution open to you are. We do
There is no fee payable when you apply for a violence not make promises that w e cannot keep and
restraining order.
w e try to give realistic estimates of w hat your
legal costs are likely to be, as w ell as your
When a violence restraining order is made, the court or
prospects for success.
magistrate will also make an order prohibiting the respondent
from having a firearm licence or any guns. It is therefore For people in situations of hardship, w e w ill
essential that you inform the police or court if you are aware accept Legal Aid grants should you qualify, and
that the respondent has access to a gun. A firearms order are w illing to submit applications for same
may also be made at the hearing of a misconduct restraining should you request this.
order.
Additionally, we may in appropriate
Who can apply? circumstances, be able to arrange litigation
funding for you to ensure that financial
You can apply for a restraining order if you can show that one disadvantage does not prejudice your legal
of the following types of violence has occurred and is likely to representation.
occur again:
Physically injury or threats to injure you.
Damage or threats to damage your property.
Offensive or provocative acts towards you.
You have been intimidated or harassed.
Disclaimer
How to apply
An application can be made to the Magistrates Court of WA The information in this website including
by: the documents which can be downloaded
from it is of a general nature only and
You (if you are over 18 years) should not be relied on as legal advice. It
By your parent or guardian (if you are under 18 years) does not take account of your particular
A solicitor, friend, support worker who is authorised by circumstances, which are critical to
you deciding the best course of action. Before
A police officer. acting, you should consult an
experienced lawyer.
You can also apply by telephone.
All reasonable effort has been made to
Service of Summonses and Orders
provide accurate information but we do
Service involves bringing the content of an order or summons not warrant or represent its accuracy and

3. to the attention of the person to whom it refers. This is we reserve the right to make changes to
generally done by handing a copy to the person. This is the it at any time without notice.
responsibility of the police
In the case of telephone orders, the police will also arrange To the extent permitted by law, Dean R.
service. This is generally done by the police station nearest to Love & Associates, Barristers & Solicitors
where the respondent lives. It is important that you provide accepts no responsibility for any losses
to the police as much detail as you can to assist with the or damages of any kind arising out of the
service of the documents and tell them immediately of any use of any information contained on the
information, such as change of address. web site.
Regular contact should be maintained with the police station
nearest to the respondent to ensure service occurs. If by the
week before the hearing the summons has not been served
you should ring the Police Information Line.
It is important to remember that a matter listed before the
court for hearing cannot proceed unless the person
summoned has been served and any order made by the court
does not come into effect until it has been served.
Hearing Applications
When hearing an application, the court will require
evidence on such matters as
the actions or conduct of the respondent who has
caused the order to be sought,
the circumstances of the parties,
the welfare of children,
the addresses of parties, (link to section on keeping
address private)
whether there is a history of actions or conduct of a
similar nature and
the effect of any orders made.
It is important that you tell the police or the court if any
orders have been made between the parties in the Family
Court or any other court.
Orders can be made to cover a wide range of
situations and can include a direction that the
respondent:
Keep away from your home;
Keep away from a school;
Stop behaving in a certain way, or
Stop interfering in the way you live.
Where an application for a violence restraining order is made
in person to a court, you can choose to have the initial
hearing of the matter without the other person being present.
At this hearing the court may:
Make an order of 72 hours duration or less, which must
be served on the person against whom the order is
made within 24 hours of the making of the order or it
lapses;
Make a temporary order of more than 72 hours
duration. The person on whom the order is served has
21 days after service to lodge an objection to the order
and, if an objection is received in this time, the matter
will be listed for further hearing with both parties
present. If no objection is received in the period. the
order becomes final and remains in effect for the period
specified in the order and if no period is specified, for a
period of 2 years:
Adjourn the matter to a hearing date: or
Dismiss the application.

4. Alternatively, you may ask that your application proceed to a
hearing in the presence of the other party. If in the hearing
the court is satisfied that reasonable grounds exist for the
making of the order, it will make a final order.
Where a violence restraining order is sought by a police officer
on your behalf whether or not by telephone, the magistrate
may make similar orders to those made if the application was
made in person.
Telephone orders only remain in force for 3 months, or less if
specified in the order.
Applications for misconduct restraining orders can only be
made to a Court of Petty Sessions or Children's Court (as
applicable). Hearings for these applications can only proceed
after a summons has been served on the respondent.
Any order made only remains in force for a period of one year,
or less if specified in the order.
Types of order
Various orders can be made. For example, an
order can:
Prohibit contact with you at home or work.
Prohibit a person behaving in certain ways.
Limit contact (for example, when the other person is
drunk).
Prohibit acting in an offensive manner.
Prohibit damage to property.
Prohibit a person being in possession of a firearm.
The order can be written to suit your situation.
Breaching an order
The order is a civil order but breach of an order may be a
criminal offence. Contact the police if there is breach of this
order. They can take action against a person who breaches a
restraining order.
Change or Cancellation of Orders
Any person who obtains an order, or the person against
whom the order is made, may apply for a variation or
cancellation of a final order. If the application is made by the
person against whom the order is made, the court must first
hold a hearing (in the absence of the person for whose benefit
the order was made) to consider whether sufficient grounds
exist to permit the application to proceed.
If the court grants approval to proceed, then both parties
have to attend the next hearing.