At Podmore Legal, our VRO lawyers in Perth guide people through violence restraining order matters with clarity, discretion and respect. Whether you’re appearing at Perth Magistrates Court or dealing with urgent protection needs across the Perth metropolitan area, we act for both applicants and respondents and understand how much is at stake on both sides.
A Violence Restraining Order (VRO) is a court order designed to protect someone from violence, threats, or intimidating behavior. In Western Australia, these orders fall under the Restraining Orders Act 1997.
Types of Restraining Orders:
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A VRO sets boundaries and conditions that a person must follow. It can prohibit contact, require staying away from certain locations, and restrict communication.
A VRO is not a criminal charge. However, breaching a VRO is a criminal offense that can result in prosecution.
Unlike criminal charges, which require proof beyond reasonable doubt, restraining order applications are civil proceedings with a lower standard of proof. You can have a VRO in place without any criminal charges being laid.
If you’re experiencing physical violence or threats, stalking or repeated unwanted contact, emotional or psychological abuse that makes you fear for your safety, or behavior that has escalated or is becoming more frequent, a VRO might provide the protection you need. Even property damage intended to intimidate or control you can be grounds for protection.
Whether the allegations are true, exaggerated, or completely false, how you respond in these first critical days matters enormously.
What NOT to Do:
You’ve been served with either an interim VRO, which provides temporary protection until the court hearing, or a notice of an application hearing. You have the right to respond, contest the order, and present your side of the story. This is your opportunity to be heard, but you need to approach it strategically.
Many people underestimate the serious consequences of a VRO. This piece of paper can have far-reaching impacts on your life.
Real Consequences Include:
The long-term impact matters too. Even after a VRO expires, the record remains. It can affect future relationships, career opportunities, and legal proceedings for years to come. This is why getting proper legal advice from the beginning is so critical.
Not every VRO application should be accepted without question. We assess your situation carefully and advise you on the best path forward. If the allegations are false, exaggerated, or motivated by other disputes like family law property settlements or custody battles, we can help you present a strong defense. Sometimes negotiating modified conditions or a shorter duration serves your interests better than a full hearing, protecting you from the worst consequences while avoiding costly litigation.
Common Scenarios We Handle:
We build your defense by gathering evidence, interviewing witnesses, identifying inconsistencies in the applicant’s claims, and presenting your side of the story effectively to the court. Our goal is to protect your rights, your reputation, and your future.
In Perth, VRO hearings are typically held at Perth Magistrates Court on Hay Street. We represent clients at all court locations across the Perth metropolitan area, including Fremantle, Midland, Joondalup, and Armadale Magistrates Courts. Our familiarity with local court procedures and magistrates helps us navigate your matter efficiently.
At the first court hearing, both parties attend court, and this hearing may result in an agreed final order, a contested hearing being scheduled, the application being dismissed, or an adjournment for further evidence. If the matter is contested, both sides present evidence and witnesses, and the magistrate makes a final decision.
Court hearings can be intimidating, but knowing what to expect helps. The magistrate will hear evidence from both parties, review any documents or witness statements, and ask questions. You have the right to legal representation, and we strongly recommend it because courts are formal environments with strict procedures.
From application to final order typically takes several weeks to several months, depending on whether the matter is contested and court availability. Interim orders provide protection during this period.
Every VRO is different, but the court tailors conditions to the specific situation and level of protection needed. Common conditions include no contact (direct or indirect) with the protected person, staying away from their home, workplace, or other specified locations, no contact through third parties or social media, surrender of firearms, and not approaching within a certain distance.
Breaching a VRO is a criminal offense, and many people don’t realise that breaches can occur even in seemingly innocent situations.
Common Breach Scenarios:
Critical to understand: If the protected person contacts you first, you are still bound by the order. Do not respond. Contact your lawyer immediately.
Breaching a VRO carries serious penalties including criminal conviction, fines up to $6,000, imprisonment up to two years, impact on any family law proceedings, and potential for the VRO to be extended. This is not something to take lightly.
VROs aren’t set in stone. If circumstances change significantly, you can apply to the court to vary the order (change conditions), cancel the order entirely, or shorten the duration. Common reasons for variation include reconciliation between parties, changed living arrangements especially with children involved, conditions proving unworkable or disproportionate, and significant time passing without incident. We can help you apply for variations when appropriate and present a compelling case to the court.
If you’re charged with breaching a VRO, you need immediate legal representation. We defend breach charges by examining whether a breach actually occurred, reviewing whether you knew about the order, investigating the circumstances including whether the protected person initiated contact, presenting mitigating factors, and negotiating outcomes where appropriate.
Under the Restraining Orders Act 1997, family domestic violence includes any behavior that causes harm or fear, is physically, sexually, emotionally, psychologically, or economically abusive, is coercive, controlling, or dominating, or causes a family member to be fearful for their safety or wellbeing. This definition is intentionally broad and captures patterns of behavior, not just isolated incidents.
When magistrates assess applications, they consider the evidence of violence, threats, or intimidating behavior, the history of the relationship, any previous orders or police involvement, the need for protection balanced against the impact on the respondent, and whether the applicant has a genuine fear. Domestic assault lawyers in Perth often advise clients that the standard of proof is “balance of probabilities,” meaning more likely than not, which is lower than criminal cases.
We regularly see people who tried to handle VRO matters alone and faced serious consequences. They say the wrong thing in court that damages their case, miss critical filing deadlines, don’t understand court procedures, agree to conditions that prove unworkable, fail to gather proper evidence, or make admissions that hurt them later in family law matters. These mistakes can have lasting impacts that are difficult or impossible to undo.
The first steps you take can make or break your case. Many people don’t realize that what they say in those first interactions with police, in early court appearances, or even in text messages can be used against them later. We guide you through every critical decision, from what to say (or not say) in court to understanding your legal options and rights.
Evidence matters, and timing is everything. The difference between a successful and unsuccessful VRO application or defense often comes down to the quality and presentation of evidence. We know exactly what evidence the court needs to see, how to gather it properly, and how to present it effectively to support your position.
VROs don’t exist in isolation. They create a ripple effect across multiple areas of your life. They can impact custody and parenting arrangements, affect employment, appear on background checks, and influence family law property settlements. Our comprehensive approach ensures that resolving the VRO matter doesn’t create new problems in other areas of your life.
We assist clients across the Perth metropolitan area with VRO matters, including residents of the northern suburbs (Joondalup, Wanneroo, Butler), southern suburbs (Mandurah, Rockingham, Kwinana), eastern suburbs (Midland, Kalamunda, Swan Valley), western suburbs (Fremantle, Cottesloe, Scarborough), and Perth CBD and inner suburbs.
No matter where you’re located, we can help you navigate the VRO process at your local court or at Perth Magistrates Court.
VRO hearing times at Perth Magistrates Court and other Perth metropolitan courts typically range from several weeks to several months, depending on whether the matter is contested and current court availability.
A VRO itself is not a criminal conviction. However, the order becomes part of your record and may appear in certain background checks. Breaching a VRO results in a criminal conviction.
Yes. You have the right to contest the application and present evidence. We strongly recommend legal representation as the process is complex and the consequences are significant.
Both parties can agree to cancel a VRO, but the court must still approve the cancellation. The court will consider whether cancellation is appropriate and safe.
This depends on the conditions. VROs can include exceptions for child handovers or family law orders. We can help negotiate conditions that protect parenting arrangements where possible.
You are still bound by the order even if they initiate contact. Do not respond. Contact your lawyer immediately for advice on how to handle the situation.
Rebekah Sleeth is a highly regarded advocate bringing more than two decades of experience in criminal law to your defence. Admitted to practice in 2005, Rebekah built a strong reputation at the Victorian Bar, eventually focusing predominantly on complex criminal defence.
Having relocated to Perth in 2018, Rebekah joined the WA Bar in 2021, where she continued to be a formidable advocate for clients facing serious and sensitive matters. Her background, including experience at the DDP (Director of Public Prosecutions), provides her with a unique and strategic advantage. She understands both sides of the courtroom, leveraging this insight to build the strongest possible defence for her clients in Western Australia.
Rebekah’s exceptional skills and unwavering dedication have been consistently recognised. She has been listed as one of the Best Barristers in Doyle’s Guide for 2022, 2023, and 2024. This consistent recognition underscores her commitment to justice and her proven ability to achieve the best possible outcomes in even the most challenging cases.
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