Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 10G

10G .         Restraints on respondent

        (1)         In making an FVRO a court may impose such restraints on the lawful activities and behaviour of the respondent as the court considers appropriate to prevent the respondent —

            (a)         committing family violence against the person seeking to be protected; or

            (b)         if the person seeking to be protected by the order is a child, exposing a child to family violence committed by the respondent; or

            (c)         behaving in a manner that could reasonably be expected to cause the person seeking to be protected to apprehend that they will have family violence committed against them.

        (2)         Without limiting the restraints that may be imposed under subsection (1), a court may restrain the respondent from doing all or any of the following —

            (a)         being on or near premises where the person seeking to be protected lives or works;

            (b)         being on or near specified premises or in a specified locality or place;

            (c)         approaching within a specified distance of the person seeking to be protected;

            (d)         stalking or cyber-stalking the person seeking to be protected;

            (e)         communicating, or attempting to communicate, (by whatever means) with the person seeking to be protected;

            (f)         preventing the person seeking to be protected from obtaining and using personal property reasonably needed by the person seeking to be protected, even if the respondent is the owner of, or has a right to be in possession of, the property;

            (g)         distributing an intimate image of the person seeking to be protected, or threatening to distribute the image;

            (h)         causing or allowing another person to engage in conduct of a type referred to in paragraphs (a) to (g).

        (3)         A restraint may be imposed on the respondent on such terms as the court considers appropriate.

        (4)         An FVRO may restrain the respondent from entering or remaining in a place, or restrict the respondent’s access to a place, even if the respondent has a legal or equitable right to be at the place.

        (5)         If an FVRO imposes a restraint referred to in subsection (4), or for some other reason the court is satisfied that it is necessary to do so, the court is to ensure that the order makes provision for the person seeking to be protected, or the respondent, to recover personal property, and other property of a kind prescribed in the regulations, from a place specified in the order —

            (a)         in the manner set out by the court in the order; or

            (b)         in accordance with the procedures set out in the regulations.

        (6)         An FVRO may inform the respondent that certain behaviour and activities are unlawful.

        [Section 10G inserted: No. 49 of 2016 s. 14; amended: No. 4 of 2019 s. 11.]