Applying to set aside or appealing a restraining order decision
If you are an applicant or a respondent to a restraining order application, and you miss the final hearing, a decision may be made in your absence. If this has happened, then there are some circumstances in which you can apply to set aside the decision.
If you are a respondent and a final order has been made because you have not lodged your objection within the time limit, then you can apply to the court set aside the decision.
If you disagree with a decision about a restraining order, you may be able to appeal.
This webpage has information about setting aside or appealing a restraining order decision. In all these situations time limits apply.
What if I missed a final hearing and the court made a decision?
If you have a good reason for why you were not able to come to court, you can ask the court to set aside the decision and re-hear the case.
This might be where you are:
- the applicant and the court dismissed your application for a restraining order because you didn't come to the final order hearing, or
- the respondent and the court made a restraining order in your absence at a final order hearing.
The application to set aside a decision must be made within 21 days of when you were told the court made the decision in your absence, unless you have a good excuse for why you couldn't apply in time. The other party will have the opportunity to have a say about your request to have the decision set aside.
If the court sets aside the decision, any interim restraining orders are put back in place and the case will be re-listed for another final order hearing.
To make this application, you must complete a Form 18. You can get this form from the Magistrates Court website or ask for one at the registry.
What if I wanted to object to an interim restraining order, but didn't lodge the form in time?
If the court does not receive your objection to an interim FVRO or VRO within 21 days of when you were served, it automatically becomes a final order. If you have a good reason for why you were not able to send your objection to the court in time, you can ask the court to set aside the final order.
The application to set aside the final order has to be made within 21 days of when you were told the court had made the final order, unless you have a good excuse for why you couldn't apply in time. The other party will have the opportunity to say something about your request to have the final order set aside.
If the final order is set aside, the original interim order will be put back in place and the case will progress towards a final order hearing.
To make this application, you must complete a Form 17. You can get this form from the Magistrates Court’s website or ask for a copy at the registry.
Can I appeal a decision about a restraining order?
You can appeal a decision to:
- dismiss an application for an interim restraining order that was initially heard by telephone or in the absence of the respondent
- make, vary or cancel a final order, including decisions to not do those things, and
- make any other order in relation to a final order.
Time limits apply to appeal. It can be difficult to get an extension of time to start an appeal. You should try to get legal advice as soon as possible.
If you wish to lodge an appeal, you should seek legal advice about:
- whether you have a legal basis to appeal
- what time limits apply to starting your appeal
- which court you need to appeal to (it depends on who made the original decision), and
- what fees and costs could be involved, including orders to pay legal costs if you are unsuccessful.
For where to get help, go to the Get help for restraining orders webpage.
Resources
More information
- Magistrates Court of Western Australia website Restraining Orders for fact sheets and the forms you may need.
- District Court of WA Magistrates Court Restraining Orders Appeals
For information on appealing a Magistrates Court decision about a restraining order.
Last reviewed: 26 September 2023