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Family violence – WA

Family violence includes emotional, physical, sexual and psychological abuse. If your partner or ex-partner or another family member hurts, threatens, humiliates or continues to abuse you, this is family or ‘domestic’ violence.

Assaults, threats, stalking or damage to your property by your partner are all against the law. You can complain to the police. If you fear for your safety or your children’s safety telephone ‘000’ and ask for the police.

Women and children who need to leave their home because of fear for their safety may be able to go to a women’s refuge. Women’s refuges provide short-term shelter, protection and support any time, day or night. They will help you sort out long-term housing, income support and help from health and legal services.

If you or your children have been harassed or assaulted and you believe your partner may do it again, you can take steps to get protection. You can also get protection if your property has been damaged by your partner, or if threats have been made to do these things. This is usually done by getting a restraining order.

A restraining order can be made even if your partner is not charged with a criminal offence.

Court orders

A Violence Restraining Order (VRO) is different from a criminal charge. It is about stopping threats or violence in the future by keeping the other person away from you. A criminal charge is about acts of violence that have already occurred.

In family situations, a VRO is a court order to protect you from violence or the fear of violence. VROs can be written to suit your situation. They are designed to protect you from acts or threats of:

  • assault, including punching, hitting, choking, pushing, or shoving; it can also include sexual assault
  • stalking, such as a person constantly communicating with you, following you, giving you unwanted gifts, or watching where you live or work
  • kidnapping or deprivation of liberty
  • damage to property, including your pets or animals
  • ongoing intimidating, offensive or emotionally abusive behaviour.

VROs can also be made to stop other people acting or threatening you on behalf of your ex-partner.

In urgent situations, the police can take out temporary orders on your behalf without going to court. These orders can last for 24 or 72 hours to allow time to get the matter to the court for its decision. West Australian police have a legal duty to investigate and act where they suspect there is family violence.

You can apply for a VRO at your nearest Magistrates Court. If there is no courthouse in your area, ask at the nearest police station. 

If the court is satisfied there is a need for a VRO, it can make an interim (temporary) order. These begin from the time the police serve it on the other person. The interim order lasts until the date the court can make a final decision after hearing from both people.

A person who breaks the rules of a VRO can be fined up to $6000, be put in prison for up to two years, or can be fined and put in prison.

VROs and the Family Court of Western Australia

If you have a VRO and you are also going to the Family Court of Western Australia to sort out things about your children, the Family Court needs to know. This is so it can make a decision that allows you and your children to be protected from violence and harm.

More information

Getting legal help

Parenting orders & family violence

Services that can help

Victims of crime – WA

Related publications

How to run your family law case

You and family law: a short guide

Who can help?

If you need urgent advice or information at any time, call:

  • 24 hour Crisis Care Unit on (09) 9223 111 or 1800 199 008 (free call)
  • Women’s Domestic Violence Helpline on (09) 9223 1188 or 1800 007 339
  • Men’s Domestic Violence Helpline on (09) 9223 1199 or 1800 000 599.

Legal Aid Western Australia’s (new window) (LAWA) Domestic Violence Legal Unit helps women and children who are experiencing domestic violence. You can contact the Unit on (09) 9261 6254. 

Men who are experiencing domestic violence should call the LAWA Information Line on 1300 650 579 (local call cost from landlines; higher rates for mobiles).