Restraining Order and Tenancy
An Order for termination of a perpetrator’s interest in a tenancy can be made in proceedings for a restraining order, but an order removing a perpetrator from a tenancy or apportioning liability cannot be made at an ex-parte application for a restraining order.
If a tenant approaches you about needing a restraining order, direct them to the Magistrates Court to apply for a restraining order.
The Magistrates Court of Western Australia provides restraining order forms and information, which can be found here.
Below is the different types of restraining orders and where to go for more information.
Types of restraining orders
Family Violence Restraining Order (FVRO)
FVRO is for someone who is a family relationship.
A Family Violence Restraining Order (FVRO) is an order of the court designed to protect the safety of the person from abuse and violence from a family relationship. The person determined to pose a risk as a family relationship can be any person;
- related to the individual seeking protection such a spouse, parent, grandparent, children or step family relations.
- any other form of intermite or family type of relationship such as an ex-partner, or de-facto relationship.
Conduct Agreement Orders (CAO)
For resolving a FVRO.
A Conduct Agreement Order (CAO) is the name given to an FVRO that has been made with the consent of the Respondent (the Person Bound), without making any admissions. Essentially, a CAO when the Respondent (person whom the restraining order is against) consents to the FVRO on a without admissions basis. ‘Without admission’ means a party is not agreeing with any of the allegations made against them by the other party. This means the party does not agree that family violence occurred.
If you have a tenant express such a situation to you and they need to know more about a CAO you can send them to the Legal WA Aid website, here.
Violence Restraining Order (VRO)
VRO is for someone who is not a family relationship.
A Violence Restraining Order (VRO) is an order of the court designed to promote the safety of the person/s protected by placing restrictions on the actions and behaviours of the person determined to pose a risk of future harm. The person determined to pose a risk is not a family relationship, i.e they could be a friend, work colleague, or neighbour.
If you have a tenant express such a situation to you and they need more information on a VRO you can send them to the Magistrates Court website here.
If you would like more information on a VRO you can view this PDF fact sheet produced by the Magistrates Court of Western Australia, here.
Misconduct Restraining Order (MRO)
MRO is for disruptive or destructive behaviour by someone who is not a family relationship.
A Misconduct Restraining Order (MRO) is an order of the court to help prevent behaviour that may intimidate, damage property, or cause a breach of peace. The person determined to pose a risk is not a family relationship, i.e they could be a friend, work colleague, or neighbour.
Police Orders are a temporary restraining order from the police to help stop family and domestic violence.
Police Orders are a special written form issued by a police officer to give temporary protection against the risk of family and domestic violence. A police order is issued when a police officer is investigating and responding to a situation involving family and domestic violence, whereby a police officer reasonably believes an FVRO could be made.
Typically, a police order lasts for 72 hours.
If you, as a community housing provider or a tenant needs more information on a Police Order visit the Legal Aid WA website here.