If someone is violent to you, threatens you or your property, harasses or behaves provocatively towards you and you are concerned that it will continue, you can apply to have a Restraining Order taken out against them. Although each order is individual, a restraining order can make it unlawful for that person to come near you or your property. If the other person disobeys or 'breaches' the Restraining Order they are committing an offence and they may be fined or imprisoned.

The two types of Restraining Orders
Violence Restraining Orders are the more serious and are intended to restrain a person who you believe is likely to either commit a violent offence against you, or a person for whom you have legal responsibility; or to behave in such a way as to create a fear that such an offence will be committed.

Misconduct Restraining Orders are intended to restrain a person from behaving in such a way that is intimidating or offensive to you or a person for whom you have legal responsibility, likely to cause damage to your property, or from committing a breach of the peace.

Who can apply for an order?
The person seeking the protection of the order can make an application. If you are under 18 or you have a Guardian (for example if you have an intellectual disability), then your parent or guardian may apply for you. The police may also apply for Restraining Orders on behalf of any person.

How to apply for a Restraining Order
You can apply by making a 'complaint' at the Court of Petty Sessions, or where the applicant is a child at the Children's Court. You can do this between 9am and 4pm Monday to Friday. The police can apply on your behalf and in cases where violence has occurred, they are encouraged to apply on your behalf. Under special circumstances, the police can seek a Violence Restraining Order on your behalf by telephone, at any time, on any day.

There is no fee payable when you apply for a Violence Restraining Order. However, there is a fee for the lodgement of a Misconduct Restraining Order. If you are experiencing financial difficulties, apply to the Clerk of Courts for a waiver or reduction of the fee.

Who to call if you need help
In an urgent situation call the police on 9222 1111

If you need advice or assistance with an application, contact:
- your solicitor,
- Legal Aid Commission (1800 809 616 or 9261 6222)
- Legal Aid Domestic Violence Unit (1800 199 616 or 9261 6254),
- Fremantle Community Legal Advocacy Centre (9432 9790),
- Aboriginal Legal Service (1800 019 900 or 9265 6666)
- Fremantle Family Violence Service / Victim Support (9431 0324)
- Women's Legal Service. (1800 625 122 or 9221 5122).

If you need an interpreter call 131 450 and ask to be connected to Legal Aid WA.