Children's Court of Western Australia

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Restraining Orders

The Children’s Court deals with Restraining Order applications involving Children. Due to recent changes in legislation the Children’s Court now deals with Restraining Orders regardless of whether the child is the protected person or the respondent (person bound by the order).

The person who applies for a restraining order against another person is known as the applicant.

Misconduct Restraining Orders are intended to restrain a person from:

  • behaving in a manner that is intimidating or offensive towards the applicant or someone for whom the applicant has legal responsibility (eg the applicant's child)
  • causing damage to the applicant's property
  • committing a breach of the peace.

A statutory fee is incurred when applying for a Misconduct Restraining Order. The Registrar may waiver this fee if the applicant can demonstrate that he/she cannot afford the fee.

A Misconduct Restraining Order Application must be filled in and submitted to the court for processing.

Violence Restraining Orders are intended to restrain a person who the applicant believes is likely to:

  • commit a violent personal offence against the applicant or a person for whom the applicant has legal responsibility
  • behave in a manner to create fear that such an offence will be committed.

There is no fee for applying for a violence restraining order. A Violence Restraining Order Application must be submitted to the court to process the order.

Family Violence Restraining Orders are intended to restrain a person who:

  • has committed family violence against you and is likely to commit family violence against you again; or
  • behaves in a way that makes you believe that family violence will be committed in the future.

‘Family violence’ means violence, or a threat of violence, by a person towards a family member of the person; or any other behaviour by the person that coerces or controls the family member or causes the member to be fearful. Examples include:

  • assault
  • sexual assault
  • stalking or cyber-stalking
  • repeated derogatory remarks
  • damaging or destroying property
  • causing death or injury to an animal
  • kidnapping, or deprivation of liberty
  • distributing or publishing, or threatening to distribute or publish, intimate personal images of the family member or
  • causing any family member who is a child to be exposed to family violence.

If you have already been attacked or threatened with violence, a criminal offence may also have been committed. You should tell the police and ask for an offence report number.

On 25 November 2017, the National Domestic Violence Order Scheme commenced. From this date, every new family violence restraining order and police order will be automatically recognised and enforceable across Australia. If your restraining order (of a domestic nature) was issued before 25 November 2017, you can choose to have it declared a nationally recognised order so that you are protected across Australia. 

However, if you are not planning to travel to or live within another state or territory, you may choose not to declare your order. You will remain protected in WA. For further information about how this Scheme impacts restraining orders made in the Children’s Court see the National Domestic Violence Order Scheme documents.

For further information on the National Domestic Violence Order Scheme in Western Australia please see the Department of Justice website.

In conjunction with the agency partner, Legal Aid WA, there are new fact sheets and information videos. These are available via the Legal Aid WA’s website or in printed format at the registry courthouse.

There is also a short questionnaire completed on filing, designed to assist the Court with information on what is being done to manage these issues within the school.

Last updated: 11-Mar-2021

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