Under special circumstances, a violence restraining order can be sought by the police on your behalf by telephone, at any time, any day.
Your first action in an urgent situation should be to call the police. If considered appropriate, the police will then seek an urgent telephone hearing with a Magistrate.
There is no fee payable when you apply for a violence restraining order.
When a violence restraining order is made, the court or magistrate will also make an order prohibiting the respondent from having a firearm licence or any guns.
It is therefore essential that you inform the police or court if you are aware that the respondent has access to a gun.
A firearms order may also be made at the hearing of a misconduct restraining order.
A violence restraining order is designed to prevent acts of physical 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 worded to fit each particular circumstance. If a person disobeys the terms of a restraining order, they may be fined or imprisoned.
The “applicant” is the person applying for a restraining order.
The “respondent” is the person against whom the order is made.
An application for an order may be made by:
- A police officer on behalf of a person or a group of the public.
- The person seeking the protection of the order.
- The parent or guardian of a child.
- The guardian of a person.
Applications for either type of order can be made by attending at a Magistrates Court. You can get an application form form your nearest Courthouse or police station. The application form can also be downloaded from the Magistrates Court of WA
You can also apply by telephone, through a police officer. They usually only do this where doing it yourself is either not practical or the situation is urgent.
Who can apply?
You can apply for a violence restraining order if you can show that one of the following types of violence has occurred and is likely to 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.
How to apply
An application can be made to the Magistrates Court by:
- You (if you are over 18 years).
- By your parent or guardian (if you are under 18 years).
- A solicitor, friend, support worker who is authorised by you.
- A police officer.
The court may also extend an order to cover a person named in the order in addition to the person protected by the order, eg a parent who seeks to have their child covered by the order.