Someone Applied for a Violence Restraining Order Against You in WA - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

A Violence Restraining Order (VRO) in Western Australia is a legal order that restricts your contact with another person who claims they need protection from violence, threats, or harassment. If someone has applied for a VRO against you, this is an extremely serious legal matter that can affect your employment, housing, parental rights, and criminal record. You have limited time to respond before the court makes a decision that could bind you for months or years. Contact a lawyer immediately on 1300 636 846 - waiting even 24 hours can limit your options and damage your case.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer if a VRO has been applied against you in Western Australia. Without legal representation, you risk having severe restrictions imposed that could prevent you from returning to your home, seeing your children, or attending your workplace. A VRO can also lead to criminal charges if you accidentally breach any conditions.

A lawyer can challenge the evidence against you, cross-examine the applicant, negotiate reduced conditions, or have the application dismissed entirely. Without a lawyer, most people struggle to understand court procedures, present evidence properly, or effectively question witnesses. The stakes are too high to represent yourself - a wrongly granted VRO can destroy relationships with your children and severely impact your career prospects.

Police treat any breach of a VRO as a criminal offence, and magistrates rarely give people the benefit of the doubt. Having experienced legal representation from the start gives you the best chance of avoiding restrictions that could control your life for years. Call 1300 636 846 now for urgent advice.

What Happens Next - The Process

Here's exactly what happens when someone applies for a VRO against you in Western Australia:

1. Application Filed: The applicant files Form 1A at their local WA Magistrates Court, requesting protection from alleged violence or threats
2. Interim Order Considered: A magistrate reviews the application within 24-48 hours and may grant an interim VRO without hearing your side
3. You Are Served: Police or court bailiffs serve you with court papers including the application and any interim order - this usually happens within 3-7 days
4. Court Date Set: You receive a hearing date, typically 2-3 weeks from when the application was filed, at the Magistrates Court
5. Response Time: You have until the hearing date to file a response (Form 1B) if you wish to contest the application
6. Hearing: Both parties present evidence to a magistrate who decides whether to grant, refuse, or modify the VRO
7. Final Order: If granted, the VRO typically lasts 2 years but can be longer, with specific conditions you must follow
8. Appeal Period: You have 21 days to appeal to the WA District Court if you disagree with the magistrate's decision

Missing any of these deadlines severely limits your options and makes it much harder to challenge the VRO later.

The Law in Western Australia

VROs in Western Australia are governed by the Restraining Orders Act 1997 (WA). Under Section 6, a magistrate can grant a VRO if they believe on the balance of probabilities that you have committed or may commit an act of abuse against the applicant.

"Abuse" is defined broadly under Section 5A and includes physical violence, threats, intimidation, stalking, property damage, or any behaviour that controls or dominates the applicant and causes them to fear for their safety. The definition also covers economic abuse and technology-facilitated abuse like cyberstalking.

Breaching a VRO is a criminal offence under Section 61 of the Act, carrying penalties of up to 2 years imprisonment and/or a fine of $12,000 for a first offence. Repeat breaches can result in up to 5 years imprisonment. Police can arrest you without a warrant if they suspect you've breached a VRO.

The Magistrates Court handles most VRO applications, but complex matters involving significant assets or children may be transferred to the Family Court. Appeals from magistrates' decisions go to the WA District Court, with further appeals possible to the Supreme Court of Western Australia on questions of law only.

Recent amendments to the Act have made it easier for applicants to obtain VROs and harder for respondents to have them dismissed - magistrates now err on the side of caution when personal safety is allegedly at risk.

Mistakes to Avoid

Based on our experience representing hundreds of VRO respondents in Western Australia, here are the critical mistakes that destroy cases:

Contacting the applicant after being served. Many people instinctively want to "sort things out" or explain their side, but any contact - even through mutual friends or social media - can be used as evidence of harassment and virtually guarantees the VRO will be granted.

Representing yourself because "the truth will come out." VRO hearings are not about finding the absolute truth - they're about whether a magistrate believes there's enough evidence to justify restrictions. Without legal training, you won't know how to properly cross-examine witnesses, object to hearsay evidence, or present your case persuasively.

Waiting until the last minute to get legal help. Lawyers need time to gather evidence, interview witnesses, and prepare your defence. Calling a lawyer the day before your hearing severely limits what they can achieve - we've seen strong cases lost because critical evidence wasn't collected in time.

Admitting to behaviour that sounds minor but legally constitutes abuse. Saying "I only sent a few text messages" or "I just drove past her house" can be evidence of stalking or intimidation under the Act, even if you meant no harm.

Bringing family members to "support" you in court. This often backfires spectacularly - your supporters may inadvertently give evidence that helps the applicant's case, or their presence may be seen as intimidating. Only bring people who have direct evidence that helps your case.

Likely Outcomes and Costs

With experienced legal representation, approximately 40% of VRO applications in Western Australia are either dismissed or result in significantly reduced conditions. Without a lawyer, this drops to less than 15% - magistrates are much more likely to "play it safe" and grant broad restrictions when they see an unrepresented respondent who can't properly challenge the evidence.

A lawyer can often negotiate outcomes like mutual non-contact orders instead of one-sided VROs, exceptions that allow you to collect belongings or see children, or time-limited orders instead of the standard 2-year period. These distinctions can be life-changing.

Legal costs for VRO defence typically range from $3,500-$8,000 for straightforward matters, rising to $15,000+ for complex cases involving children or substantial assets. While this seems expensive, it's far less than the long-term costs of losing your home, job opportunities, or access to your children.

Most VRO hearings are resolved within 4-6 weeks, though complex matters can take 3-4 months. Appeals to the District Court add another 2-3 months to the process. The sooner you engage a lawyer, the better your chances of a quick, favourable resolution.

Go To Court Lawyers offers fixed-price VRO defence packages starting from $3,500, so you know exactly what you'll pay upfront with no hidden costs or surprise bills.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended over 2,000 VRO applications across Australia since 2010, with specialist teams in Perth, Joondalup, Fremantle, and Midland who appear daily in Western Australian courts. Our 800+ lawyers nationally include former police prosecutors and magistrates who understand exactly how VRO applications succeed or fail.

We offer a fixed $295 initial consultation where we'll review your case, explain your options, and give you a clear strategy for defence. Our 24/7 legal hotline on 1300 636 846 means you can get urgent advice immediately - even outside business hours when you're served with papers.

Our 4.5-star rating from 780+ reviews on Product Review reflects our commitment to achieving the best possible outcomes while keeping clients informed throughout the process. We operate in every state and territory, so if your matter involves interstate issues or appeals to higher courts, we have the resources to help.

Don't let fear or confusion lead to a VRO that controls your life for years. Call 1300 636 846 now for immediate advice, or book your consultation online at gotocourt.com.au/book. When your freedom, family relationships, and future are at stake, you need Australia's most experienced VRO defence team on your side.