22 May 2014

Police have a range of tools available to them in situations of family violence.  They can issue a Police Order, a Violence Restraining Order, and a Misconduct Restraining Order. Alternatively they can locate a refuge for you or find alternative accommodation if you need to leave immediately. They can also refer you to support agencies such as Crisis Care, counselling services and legal services such as the Legal Aid Domestic Violence Legal Unit.


Police Order


Where there is insufficient evidence to arrest and charge a person for any act of family and domestic violence, but police hold concerns for the safety and welfare of any person, police may issue a Police Order. A Police Order is an on the spot restraining order and may last for up to 72 hours.  When police issue such notices they may generally attach certain conditions to the order. This can include conditions preventing the perpetrator from returning to his or her home.  The duration of police-issued protection orders varies significantly across jurisdictions.  In WA, police-issued protection orders can either last for 24 hours (without the consent of the victim, parent, guardian, or child welfare officer), or for 72 hours (with consent). The duration of a Police Order cannot be extended or renewed and another police order cannot be made in relation to the same facts.


Violence Restraining Order


A violence restraining order (VRO) is designed to stop threats, property damage, violence, intimidating behaviour and emotional abuse in the future. It is an order of the court. It tells the offender to stay away from you and/or to stop behaving in certain ways towards you. The order can be worded to suit your situation.


There are two types of VROs:



  1. VROs against a person you are in a family or domestic relationship with, and

  2. VROs against a person you are not in a family or domestic relationship with (called a Misconduct Restraining Order – see below).


A VRO can have conditions which stop the person bound by the VRO from doing certain things such as:



  • being on or near your home  or place of work

  • being on or near a certain place

  • coming within a certain distance of you

  • contacting or trying to contact you in any way, including texting, ringing , emailing or writing- even through other people

  • contacting you in certain circumstances or in particular way, e.g only by texting to make arrangements for contact with your children

  • behaving in certain ways

  • being in possession of firearms, ammunition or a firearms licence.


A VRO may also inform the person bound/respondent that certain behaviour and activities are unlawful, that is, they may break a criminal law.


Misconduct Restraining Order


A misconduct restraining order (MRO) is designed to stop a person behaving in a way that is intimidating or offensive towards you. It is an order of the court. It can also stop a person causing damage to your property or acting in a way that may lead to a breach of the peace. The order can be worded to suit your situation.


If you apply for the order you are the applicant or the person seeking to be protected. The person who you want the order against is the respondent or the person bound if a restraining order is made.


A misconduct restraining order only applies to someone you are not in a family or domestic relationship with.  You are in a family or domestic relationship with someone if that other person is your:



  • spouse or ex-spouse

  • de facto or ex-de facto

  • girlfriend/boyfriend or ex-girlfriend or ex-boyfriend

  • child, step-child or grandchild

  • parent, step-parent or grandparent

  • your sibling or step-sibling

  • relative or former relative.


This is general information only, and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact our office on Freecall 1800 609 945 or email us now.

100 years of Supporting West Australians

"My family law experience with Mary Roubos has restored my faith in solicitors in general. She not only demonstrated her legal expertise and flair, but also showed a compassionate and understanding nature during the lengthy process. I felt that Mary went above and beyond her obligations as my solicitor, and really listened to me. I would highly recommend Mary and her assistant Debra Wilson, who also demonstrated professionalism and excellence on all levels."

Renee Frangiosa

"Always fast and thorough service. Thank you"

Sitka Pil

"I found Ben most helpful and always prompt to let me know where things were at. Will definately use Ben again and will recommend to others."

Gerrit and Mary Van Bralal

"We wish to express our thanks for your help in attending to our mother/ wife's will - Mrs Grace Margaret Vessey. Aimee was extremely helpful and easy to deal with. We are greatful for your help with our affairs."

Ms Rosalyn Norman, Mr Stephen Vessey

"Thank you ever so much for all your hard work on my case Nicole, I really appreciate everything you did for me."

Workers Compensation Client

"Thank you for such great assistance with the transaction of Flying Domestics on behalf of Lorna Good. It has been such such a pleasure to work with the HHG Legal Group and I look forward to working with you in the future."

Jim Goodwin

"Simon Creek and his team were at all times empathic, professional and confident.  My matter needed to be addressed within a pressing time frame, and their availability at short notice and contact after hours was much appreciated.  It caused me considerable stress, but having such a thoroughly reliable and competent team to call on helped me to feel in control. Although I hope not to need their services again in future, I would be confident in doing so!"

Dr Lana Bell

"A good outcome is what we can expect.  A great outcome is a sign of a company which does the very best for their clients. A very big thank you to Daniel Morris for showing empathy towards my small and much needed legal action.

To HHG Legal Group, thank you for a great outcome.  I would recommend your company to anyone seeking legal services."

Jan Atkinson

"Your support this morning was amazingly kind, not to mention your totally reassuring competence, knowledge and wisdom that you used on my behalf.  It was extremely reassuring to have your knowledgeable support, and I particularly appreciated your real and obvious kindness to me. It means so much at a very difficult time. I'm so grateful to you."

Family Law Client

"I highly recommend the services of HHG Legal Group for both personal and business needs. HHG is very up to date with legal advice and are in tune with the evolution of business."

Robert Forgione

"Sue and myself would like to thank HHG for the way in which our dispute was resolved. It is good to know that people who do not have an understanding of the legal system can rely on people like yourself and the company you represent. Without the assistance of HHG we could not have resolved the problems we were facing, not only have we resolved the issue but the outcome was more favourable then we would have thought possible. Thank-you and please pass on our thanks to all those who worked behind the scenes to achieve this outcome."

Rick and Sue Ashton

"Janene was very professional and we established a good rapport quickly. The subject of death and wills can be quite confronting to deal with, however Janene's approach was soft and accommodating."

Lynette Livesey

"A big thank you to HHG for their professional service, continued support, and wide range of legal knowledge. Our clients have given us nothing but kind words regarding HHG Legal Group and so we have no hesitation in referring and recommending Simon Creek and HHG Legal Group for their outstanding services and legal expertise."

Nigel Plowman, Director at McKinley Plowman & Associates

"Simon is a friendly and practical legal advisor. I have received great feedback from the clients I have referred to him and his team at HHG Legal Group."

Richard Beal, Director at BDO

"Over the last few years, I have been impressed by Simon’s legal ability, management skills, entrepreneurial spirit, personal integrity and people skills. He appears to be that rare breed of lawyer – both knowledgeable and commercial."

Michael Malone, Founder of iiNet

"Our family has been a client of HHG Legal Group over many years and most recently in 2013 and February 2014.  Business has included drawing up of wills for three generations and preparing of probate for my father in law.

I would have no hesitation in recommending HHG Legal Group to anyone requiring such services."

Bernice Climie

"You should be congratulated for the manner in which your staff address clients and we found our dealings with your company, once again a very pleasant experience and we would like to truly thank you for your efforts."

Steve Harvey and Jane Powell

"HHG Legal were absolutely fantastic. Extremely responsive and brought calm to our chaotic family situation through their knowledge and caring attitude. Extremely professional from our very first contact with them and they expertly guided our family though the required legal process over almost a 12 month period."

Amanda Williamson

"Fantastic team! They really care about their client. Tim Colcutt is a 'go that extra mile' guy who gives his client his all. I can't recommend HHG and Tim enough."

Kerry Samson

"Anne Hurley has been such a valuable resource of information and advice, her wealth of knowledge is truly impressive and her ability to explain things in a way that makes them easily understood is very much appreciated. Anne and the wider HHG Legal Group are always a pleasure to work with."

Giorgia Parham

"I had a fantastic lawyer in Anne Hurley. She helped me out a great deal with good, sound advice in a friendly , professional manner. First class, thanks Anne"

Graeme Hammond

"Marine Plant Systems has been working with HHG Legal Group for a few years now and they continually provide first class service. Their professional advice has been invaluable to our company."

Carolin Grimm

"We were kept up to date at all times. Pricing was always updated over the time period so we remained "in budget". Personal access to someone whenever I had questions. All in all a great experience without too much fuss."

Rosslyn Tasker - COO AltusQ Pty Ltd

"Good service you can count on."

Miles Lee

"HHG Legal Group have provided outstanding support as I have taken the journey of buying a business, their professionalism is beyound reproach. Their assistance throughout the Due Diligernce process have been invaluable, I would fully recommend them."

Mark Armitage

"I have experienced how good the HHG Legal Group team are over the last 6 years and highly recommend them."

Lyn Hawkins

"Very friendly and efficient service - what a pleasure working with Anne."

Jacques Taylor

"I highly recommend Daniel from HHG Legal Mandurah. When dealing with a complicated legal property matter recently I was extremely impressed by Daniel's honesty and integrity and the legal advice I received. I am very happy with the service from HHG Legal."

Tony Walker