Family & Domestic Violence Q&A

Firstly, well done for admitting you are a victim of family violence and wanting to reach out to talk to someone. Sometimes you don’t know you are a victim until someone in your community tells you so, and this is OK. Remember it is never too late to reach out for help.

The WA Police can talk to you about family violence and discuss many options for you to be protected. Our service can also talk with you about family violence, discuss the relevant family violence law and whether a family violence restraining order application is the best option. Our service can provide legal representation if you need to attend court.

It depends. If the perpetrator’s family violence behaviour towards you causes WA Police to charge that person for a criminal offence, and that person (accused) remains in remand (locked up) and is not eligible for bail, then you may not need an FVRO. If the accused is granted bail, then ask WA Police if you are protected under the bail conditions. If there are no bail conditions to protect you, you can talk with WA Police about safe housing or applying for an urgent FVRO.

In most cases you may need an FVRO to protect you, but often you may feel too exhausted to complete an FVRO application and attend court. Remember, there are services in the community that can assist you with applying for an FVRO and attending court including our service.

The court grants the accused protective bail conditions. These conditions may include the distance perimeter (i.e., 10, 20, 50 meters etc.) that the accused cannot approach you or your home. The bail conditions generally remain in place during the criminal court proceedings.

You can apply for an FVRO to protect your child and you can apply for an FVRO to protect you and extend to protect your child. It is always at the discretion of the court whether an FVRO is granted to protect a child, and this will depend on the child’s level exposure to family violence. Generally, when a child is involved, the family violence may be caused by separating parents in conflict over the parenting of that child.

All FVRO applications must consider if there are current Family Court of WA (FCWA) parenting orders. Generally, where there are parenting orders inconsistent with an FVRO, the parenting order will prevail over the FVRO. In the FCWA, the paramount consideration of the best interests of child, will consider the need to protect children from physical or psychological harm, and from abuse, neglect or family violence that has been directed at them or they have seen or heard.

Stay connected with the community. Reach out to service providers in the community for support and advice. Contact our service to book an appointment with a lawyer to discuss all options in relation to family violence, parenting, and child protection.