Skip to main content
Children's Court of Western Australia
Print page
  • Small Text
  • Medium Text
  • Large Text

Restraining Orders

The Children’s Court deals with Restraining Order applications involving Children. Due to recent changes in legislation the Children’s Court now deals with Restraining Orders regardless of whether the child is the protected person or the respondent (person bound by the order).

The person who applies for a restraining order against another person is known as the applicant.

There are two types of restraining orders:

Misconduct Restraining Orders are intended to restrain a person from:

  • behaving in a manner that is intimidating or offensive towards the applicant or someone for whom the applicant has legal responsibility (eg the applicant's child)
  • causing damage to the applicant's property
  • committing a breach of the peace.

A statutory fee is incurred when applying for a Misconduct Restraining Order. The Registrar may waiver this fee if the applicant can demonstrate that he/she cannot afford the fee.

A Misconduct Restraining Order Application (download below) must be filled in and submitted to the court for processing.

Violence Restraining Orders are the more serious of the restraining orders and are intended to restrain a person who the applicant believes is likely to:

  • commit a violent personal offence against the applicant or a person for whom the applicant has legal responsibility
  • behave in a manner to create fear that such an offence will be committed.

There is no fee for applying for a violence restraining order. A Violence Restraining Order Application (download below) must be submitted to the court to process the order.

Last updated: 23-Jun-2014

[ back to top ]

Home |  Privacy Statement |  Copyright & Disclaimer
All contents copyright Government of Western Australia. All rights reserved.