Family Violence Restraining Order
A family violence restraining order is intended to restrain a person who:
- has committed family violence against you and is likely to do so again; or
- behaves in a way that makes you believe they will commit family violence in the future.
It is also called a FVRO. There is no fee for applying for a family violence restraining order.
'Family violence' means violence by someone in the family towards another family member. This includes:
- a threat of violence
- any behaviour that coerces or controls the family member
- or causes the member to be fearful.
Examples include:
- assault
- sexual assault
- stalking or cyber-stalking
- repeated derogatory remarks
- damaging or destroying property
- causing death or injury to an animal
- kidnapping or deprivation of liberty
- exposing a child family member to family violence
- distributing or publishing intimate personal images of the family member. This includes threatening to distribute or publish such images.
You should tell the police if you have been attacked or threatened with violence. A criminal offence might have been committed. Ask the police for an offence report number.
Legal Aid - Family Violence Restraining Orders
Application
You need to fill in an application form and submit it to the court for processing.
You should also write out an affidavit and submit it with the application. The affidavit should say what the other person is doing and why you need a family violence restraining order.
- Opens document in same window. Restraining Order Affidavit - Response/Supplementary Affidavit (Word)
- Opens document in same window. Restraining Order Affidavit - Response/Supplementary Affidavit (PDF)
- Opens document in same window. Affidavit in Support of an Application for a Violence Restraining Order (Word)
- Opens document in same window. Affidavit in Support of an Application for a Violence Restraining Order (PDF)
Making Changes to the Application
You need to fill in a form if you want to make any changes to a family violence restraining order. The form must be lodged at the court registry. You can apply to change, extend or cancel a family violence restraining order.
- Opens document in same window. Request for Adjournment by Consent (Restraining Order) (Word)
- Opens document in same window. Request for Adjournment by Consent (Restraining Order) (PDF)
- Opens document in same window. Restraining Order Application to Vary or Cancel (Word)
- Opens document in same window. Restraining Order Application to Vary or Cancel (PDF)
Transcripts
Witness Summons
- Opens document in same window. Witness Summons - Restraining Orders (Word)
- Opens document in same window. Witness Summons - Restraining Orders (PDF)
- Opens document in same window. Witness Summons - Restraining Orders - Oral Evidence (Word)
- Opens document in same window. Witness Summons - Restraining Orders - Oral Evidence (PDF)
- Opens document in same window. Witness Summons - Restraining Orders - Produce Record or Thing (Word)
- Opens document in same window. Witness Summons - Restraining Orders - Produce Record or Thing (PDF)
Last updated: 10 April 2024