Domestic Violence in Western Australia: Legal Protections & Your Options

Western Australian police respond to over 100 domestic violence assaults and threats every day, what the law can do?

Recent WA Police data and reporting show domestic or family incidents involving assault or threatening behaviour are at record levels. In 2024–25 there were more than 42,000 such offences, roughly 115 incidents a day, and police remain the first and most important point of contact. This article explains the protections available in Western Australia for victims of domestic and family violence, including police orders, restraining orders (VROs / Family Violence Restraining Orders) and what to do if you are at risk. 

The scale of the problem – Quick facts

WA Police crime reporting and recent media coverage show domestic or family violence offending has increased and now sits at levels not seen in a decade. In 2024–25 there were more than 42,000 offences involving assault or threatening behaviour in domestic and family situations, which equates to well over 100 incidents a day. These are reported offences only, and advocates warn many incidents still go unreported. 

Under Western Australian law (including the Restraining Orders Act 1997 (WA)), Domestic or family violence includes any behaviour that harms, controls, coerces, or causes fear, not just physical assault. It covers physical and sexual abuse, emotional or psychological intimidation, threats, financial control, social isolation, and conduct that exposes children to harm.

What the Police can and should do when called to respond

When police attend an incident, their duties include investigating whether family violence has occurred or is likely to occur and taking steps to prevent further harm. Where appropriate, police can issue temporary protection (a police order), apply for restraining orders on behalf of a victim, and charge offenders for criminal conduct. If police consider someone’s conduct poses a risk, they are required to either apply for a restraining order, issue a police order, or record why they did not take such action. 

Immediate legal protections in WA

Police Orders (temporary)

If police believe a person is at immediate risk from a family member, they can issue a Police Order. These are temporary (up to 72 hours) and make it unlawful for the respondent to do particular things (for example, approach or contact the protected person). Police Orders are a fast, short-term safety tool while longer-term options are arranged. 

Family Violence Restraining Orders (FVROs) and Violence Restraining Orders (VROs)

There are different types of restraining orders depending on the relationship between the parties:

  • Family Violence Restraining Orders (FVROs) for people in a family relationship (partners, former partners, family members).
  • Violence Restraining Orders (VROs) for people not in a family relationship (for example, neighbours, strangers).
  • Misconduct Restraining Order (MRO) is an order made by the Magistrates Court of Western Australia to prevent a person from behaving in a way that is intimidating, offensive, emotionally abusive, or likely to lead to a breach of the peace, where the relationship between the parties is not one of family or domestic nature.

The Magistrates, Children’s, and in some cases, Family Court will issue a restraining order if they determine that protection is needed. A restraining order can prohibit contact, require a person to stay away from a home, workplace, or school and include other conditions tailored to safety including preventing conduct a person is otherwise allowed to do ordinarily

Breaching a restraining order is a criminal offence and can lead to arrest, fines or imprisonment. 

What steps should someone take if they are threatened or assaulted?

  1. If you are in immediate danger, call 000.
  2. Approach police to report the incident, police can issue a Police Order that gives immediate protection and can begin an investigation. 
  3. Consider applying for a restraining order (FVRO or VRO). 
  4. Document incidents, keep records (dates, times, messages, photos, medical reports) to assist police and court applications.

How a law firm can help?

If you need legal assistance, regardless of whether you are a protected person or a bund person, our perth criminal lawyers are here to provide assistance by:  

  • Advise on police orders and restraining orders and prepare court applications;
  • Liaise with police, court staff and support services;
  • Assist with safety-focused court orders (e.g., exclusion from the family home, no-contact conditions);
  • Explore and negotiate settlements by way of Conduct Agreements and Undertakings;
  • Assist with conferencing, court appearances and final order hearings; and
  • Advise on related Criminal Law matters (e.g., prosecution for breaches of restraining orders, or common assaults and treats to kill charges) Family Law matters (property, child arrangements, divorce proceedings) and civil claims (e.g., for damages).

Regardless of whether you are a protected person or a bound person, we are here to provide legal assistance.

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This is only general information and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact our office and arrange a consultation.

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