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This Act may be cited as the Restraining Orders Act 1997.
This Act comes into operation on such day as is fixed by proclamation.
In this Act unless the contrary intention appears —
affidavit includes an electronic declaration made in accordance with the rules of court;
application means an application made under this Act or the Domestic Violence Orders (National Recognition) Act 2017;
assault includes an assault within the meaning of The Criminal Code;
authorised magistrate means a magistrate authorised under section 17(1)(a);
authorised person means a police officer or a person who is, or who is in a class of persons that is, prescribed in the regulations for the purposes of this definition;
CEO (child welfare) means the CEO within the meaning of the Children and Community Services Act 2004;
child means a person under 18 years of age;
child welfare officer means —
the CEO as defined in section 3 of the Children and Community Services Act 2004; or
a person who is an authorised officer for the purposes of section 37 of that Act;
Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;
conduct agreement order has the meaning given in section 10H(1);
consent order means an order made under section 41(1) or 43(2);
corresponding law, in relation to another State or Territory or a foreign country, means a law of that State, Territory or country that empowers a court of that State, Territory or country to make orders (however described) having an effect that is the same as or similar to the effect of restraining orders made under this Act;
court includes an authorised magistrate;
cyber‑stalking, in relation to a person, means stalking, monitoring the movement or communications of, or repeatedly communicating with or harassing, the person using electronic means;
distributes has the meaning given in The Criminal Code section 221BA;
explosive means a substance or an article that is controlled as an explosive under the Dangerous Goods Safety Act 2004;
explosives licence means a licence, permit or authorisation to hold an explosive under the Dangerous Goods Safety Act 2004;
exposed, in relation to family violence or personal violence, has the meaning given in section 6A(1);
family court proceedings means proceedings under the Family Law Act 1975 (Commonwealth) or the Family Court Act 1997;
family member has the meaning given in section 4(3);
family order has the meaning given in section 5;
family violence has the meaning given in section 5A(1);
family violence restraining order means an order made under this Act imposing restraints of the kind referred to in section 10G;
final order means any of the following —
in relation to an FVRO, a conduct agreement order;
in relation to a VRO or MRO, a consent order;
a restraining order that becomes a final order under section 32;
a restraining order made under section 40(3);
a restraining order made at a final order hearing;
a restraining order made under section 49(1)(b) to vary a final order, being a replacement or additional final order made under that section;
a restraining order that is a final order under section 63(4a) or 63A(3);
final order hearing means a hearing fixed under section 33(1), 40(3), 41(4) or 43A(7)(b);
firearm item means any of the following as those terms are defined in the Firearms Act 2024 section 5 —
a firearm;
a major firearm part;
a prohibited accessory;
ammunition;
firearms authorisation means —
a licence, permit, approval or exemption under the Firearms Act 2024 that entitles a person to be in possession of a firearm item; or
a licence card (as defined in section 206 of that Act) issued in respect of a licence, permit, approval or exemption referred to in paragraph (a);
fix a hearing has the meaning given in section 9;
foreign restraining order means an order (however described) made by a court of a foreign country under a corresponding law of the country;
imagined personal relationship means a relationship where one person claims to have, or have had, an intimate personal relationship, or other personal relationship, with another person but that other person disagrees with that claim;
interim order means a telephone order or an order made under section 29(1)(a), 43A(7)(a) or 63(4b), the duration of which is more than 72 hours;
intimate image has the meaning given in The Criminal Code section 221BA;
kidnapping, or depriving the liberty of a person includes behaving towards the person in a manner described in The Criminal Code section 332;
mention hearing means a hearing fixed under section 23(2), 26(3), 29(2) or 39;
misconduct restraining order means an order made under this Act imposing restraints of the kind referred to in section 36;
person protected means a person named in an order made under this Act as a person for whose benefit the order is made;
person seeking to be protected means —
the person who has applied for a restraining order; or
if an application for a restraining order has been made on behalf of another person, the person on behalf of whom the application is made;
person who is bound, in relation to an order made under this Act, means the person named in the order on whose lawful activities and behaviour restraints are imposed by the order;
personal violence has the meaning given in section 6;
police order means an order made by a police officer under Part 2A Division 3A;
prepare and serve has the meaning given in section 10;
prescribed form means a form prescribed in rules of court;
proceedings under this Act means —
the hearing of an application; or
proceedings for an offence against this Act;
property, in relation to a person, means property —
owned by the person; or
in the care or custody of the person; or
used or enjoyed by the person, or available for the person’s use or enjoyment; or
at premises where the person lives or works;
Public Advocate means the person holding or acting in the office of Public Advocate under the Guardianship and Administration Act 1990;
registered, in relation to a foreign restraining order, means registered under section 79C;
registrar means the registrar of the relevant court;
respondent means the person against whom a restraining order is sought;
restraining order means an FVRO, MRO or VRO;
satisfied means satisfied on the balance of probabilities;
sexual assault includes an offence under The Criminal Code Chapter XXXI;
specified in relation to a restraining order, means specified in the order;
stalking, a person, includes committing an offence under The Criminal Code Chapter XXXIIIB against the person;
telephone application means an application under Division 2 for an FVRO or VRO;
telephone order means an FVRO or VRO made on a telephone application;
violence restraining order means an order made under this Act imposing restraints of the kind referred to in section 13;
wellbeing has the same meaning as in the Children and Community Services Act 2004.
In this Act the following abbreviations are used —
FVRO for family violence restraining order;
MRO for misconduct restraining order;
VRO for violence restraining order.
[Section 3 amended: No. 10 of 1998 s. 62(1); No. 11 of 1999 s. 4; No. 22 of 2000 s. 4; No. 34 of 2004 Sch. 2 cl. 23(2); No. 38 of 2004 s. 5, 18(2), 25(2) and (3) and 57(2)‑(4); No. 59 of 2004 s. 124; No. 5 of 2008 s. 90; No. 49 of 2016 s. 5; No. 10 of 2017 s. 45; No. 4 of 2019 s. 9; No. 13 of 2020 s. 30; No. 30 of 2020 s. 52; No. 9 of 2022 s. 424; No. 13 of 2022 s. 79; No. 28 of 2024 s. 75; No. 23 of 2024 s. 481.]
In this Act —
family relationship means a relationship between 2 persons —
who are, or were, married to each other; or
who are, or were, in a de facto relationship with each other; or
who are, or were, related to each other; or
one of whom is a child who —
ordinarily resides, or resided, with the other person; or
regularly resides or stays, or resided or stayed, with the other person;
or
one of whom is, or was, a child of whom the other person is a guardian; or
who have, or had, an intimate personal relationship, or other personal relationship, with each other; or
one of whom is the former spouse or former de facto partner of the other person’s current spouse or current de facto partner.
In subsection (1) —
other personal relationship means a personal relationship of a domestic nature in which the lives of the persons are, or were, interrelated and the actions of one person affects, or affected, the other person;
related, in relation to a person, means a person who —
is related to that person taking into consideration the cultural, social or religious backgrounds of the 2 persons; or
is related to the person’s —
spouse or former spouse; or
de facto partner or former de facto partner.
In this Act a person is a family member of another person if the persons are in a family relationship.
[Section 4 inserted: No. 38 of 2004 s. 6; amended: No. 49 of 2016 s. 6; No. 30 of 2020 s. 53.]
A reference in this Act to a family order is a reference to —
a parenting order made under the Family Law Act 1975 of the Commonwealth or the Family Court Act 1997, as is relevant to the case, that deals with —
the person or persons with whom a child is to live; or
the time a child is to spend with another person or other persons; or
the communication a child is to have with another person or other persons;
[(b) deleted]
any of the things set out in subsection (2) —
to the extent that the thing deals with the person or persons with whom a child is to live; or
to the extent that the thing requires or authorises (expressly or impliedly) contact between a child and another person or other persons;
a right or liability within the meaning of the Family Court of Western Australia (Orders of Registrars) Act 1997 of the Commonwealth that —
is in respect of a matter to which paragraph (a) or (c) applies; and
is conferred, imposed or affected by section 5 of that Act.
The effects of the transitional provisions of the Family Law Reform Act 1995 of the Commonwealth apply to rights and liabilities referred to in the Family Court of Western Australia (Orders of Registrars) Act 1997 of the Commonwealth — s. 4(5) of the latter Act.
The things referred to in subsection (1)(c) are —
a recovery order or any other order (however described) made; or
an injunction granted; or
an undertaking given to, and accepted by, a court; or
a parenting plan, whether registered or not; or
a bond entered into in accordance with an order,
under the Family Law Act 1975 of the Commonwealth or the Family Court Act 1997, as is relevant to the case, or any thing treated, under either of those Acts or the Family Law Reform Act 1995 of the Commonwealth, as an order or thing referred to in subsection (1).
Under clause 5 of Schedule 2 to the Family Court Act 1997 the effects of the transitional provisions in that clause apply to rights and liabilities referred to in the Family Court (Orders of Registrars) Act 1997.
[Section 5 inserted: No. 41 of 1997 s. 36; amended: No. 35 of 2006 s. 207; No. 5 of 2023 s. 12.]
A reference in this Act to family violence is a reference to —
violence, or a threat of violence, by a person towards a family member of the person; or
any other behaviour or pattern of behaviour by the person that coerces or controls the family member or causes the member to be fearful.
Behaviour or a pattern of behaviour referred to in subsection (1)(b) —
may occur over a period of time; and
may be more than 1 act, or a series of acts, that when considered cumulatively coerces or controls the family member or causes the member to be fearful; and
is to be considered in the context of the relationship between the person and the family member as a whole.
Examples of behaviour or a pattern of behaviour that may constitute family violence include (but are not limited to) the following —
an assault against the family member;
a sexual assault or other sexually abusive behaviour against the family member;
stalking or cyber‑stalking the family member;
repeated derogatory remarks against the family member;
damaging or destroying property of the family member;
causing death or injury to an animal that is the property of the family member;
unreasonably denying the family member the financial autonomy that the member would otherwise have had;
unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or a child of the member, at a time when the member is entirely or predominantly dependent on the person for financial support;
coercing, threatening, or causing physical abuse, emotional or psychological abuse or financial abuse, in connection with demanding or receiving dowry, whether before or after any marriage;
preventing the family member from making or keeping connections with the member’s family, friends or culture;
kidnapping, or depriving the liberty of, the family member, or any other person with whom the member has a family relationship;
distributing an intimate image of the family member without the family member’s consent, or threatening to distribute the image;
causing any family member who is a child to be exposed to behaviour or a pattern of behaviour referred to in this section.
For the purposes of this Act, a person who procures another person to commit family violence is taken to have also committed the family violence.
[Section 5A inserted: No. 49 of 2016 s. 7; amended: No. 4 of 2019 s. 10; No. 30 of 2020 s. 54; No. 28 of 2024 s. 48.]
[(1) deleted]
In this Act —
personal violence means one of the following acts that a person commits against another person with whom he or she is not in a family relationship —
assaulting or causing personal injury to the person;
kidnapping, or depriving the liberty of, the person;
stalking the person;
threatening to commit any act described in paragraph (a) or (b) against the person;
if the person who commits the act has an imagined personal relationship with the person against whom the act is committed, an act that would constitute family violence if those persons were in a family relationship.
For the purposes of this Act, a person who procures another person to commit personal violence is taken to have also committed the personal violence.
[Section 6 inserted: No. 38 of 2004 s. 7; amended: No. 5 of 2008 s. 91; No. 49 of 2016 s. 8.]
For the purposes of this Act, a child is exposed to family violence or personal violence if the child sees or hears the violence or otherwise experiences the effects of the violence.
Examples of situations that may constitute a child being exposed to family violence or personal violence include (but are not limited to) the child —
overhearing threats of death or personal injury to a person; or
seeing or hearing an assault of a person; or
comforting or providing assistance to a person who has been assaulted; or
cleaning up a site after property damage; or
being present when police or ambulance officers attend an incident involving the violence.
[Section 6A inserted: No. 49 of 2016 s. 9.]
A person protected by an order under this Act, and a person who is bound by an order under this Act, must be natural persons.
[Section 7 inserted: No. 38 of 2004 s. 8; amended: No. 49 of 2016 s. 10.]
An order imposing restraints may be made under this Act by —
the Magistrates Court hearing an application under section 24A, 25, 38 or 45; or
the Children’s Court hearing an application under section 24A, 25, 38 or 45; or
an authorised magistrate hearing a telephone application; or
a court acting under section 63 or 63A; or
a police officer acting under Part 2A Division 3A; or
a registrar acting under Part 5A.
[Section 7A inserted: No. 38 of 2004 s. 8; amended: No. 59 of 2004 s. 124; No. 49 of 2016 s. 11; No. 30 of 2020 s. 55; No. 28 of 2024 s. 75.]
The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.
[Section 8A inserted: No. 20 of 2013 s. 109.]
Subject to this section, a court that makes a restraining order is to explain, as is appropriate, to —
the person who is bound by the order; and
the —
person protected by the order; or
parent or guardian of that person, if the parent or guardian made the application for the order on behalf of that person,
who are in court when the order is made —
the purpose, terms and effects of the order, including that the order may be registered and enforced in another Australian jurisdiction; and
the consequences that may follow if the person who is bound by the order contravenes the order; and
the consequences that may follow if the person protected by the order —
encourages or invites the person who is bound by the order to contravene the order; or
by his or her actions causes the person who is bound by the order to breach the order;
and
that the order must be varied or cancelled if the person who is bound by the order and the person protected by the order intend to have contact or reconcile with the other person; and
how the order may be varied, cancelled or extended; and
if the order is an FVRO or VRO, the effects of sections 14, 14A and 62E relating to firearm items and explosives; and
if the order is an FVRO, the effect of the Domestic Violence Orders (National Recognition) Act 2017;
that counselling and support services may be of assistance, and where appropriate, the court is to refer the person to specific services.
If a person to whom an explanation is to be given under subsection (1) does not readily understand English, or the court is not satisfied that the person understood the explanation, the court is, as far as practicable, to arrange for someone else who is 18 years of age or older to give the explanation to the person in a way that the person can understand.
However, a person giving an explanation under subsection (2) must not be a person of a class prescribed in the regulations.
If —
a person referred to in subsection (1)(a) or (b) is not present in court when the order is made; or
it is not practicable for the court to give the explanation at the time the restraining order is made,
then the registrar is to cause a document containing the explanation to be —
in the case of subsection (1)(a), served on the person; and
in the case of subsection (1)(b), delivered to the person.
An order is not invalid merely because a person who should have been given the explanation referred to in subsection (1) was not given the explanation.
[Section 8 inserted: No. 38 of 2004 s. 9; amended: No. 59 of 2004 s. 123; No. 49 of 2016 s. 12; No. 10 of 2017 s. 46; No. 30 of 2020 s. 56; No. 13 of 2022 s. 80.]