The Restraining Orders Act 1997 (WA), was an Act created to provide for orders to restrain people from committing family violence or personal violence by imposing restraints on their behaviour and activities, and for related purposes (related purposes???) But what if, the very act that was perhaps established to protect the vulnerable in our community was being used as a strategic legal/legislative instrument to control and manipulate people in the weaponization of children and the ‘perceived’ weak and vulnerable?
If you feel that you need to apply for an FVRO make sure that you come from a place of love and that your intentions are honourable.
I know of several men who have been incarcerated as a direct result of FVRO breeches. One man was arrested for asking his ex-partner to return his beard comb, another man was arrested for wishing his son happy birthday and telling him he loved him and another man was arrested for putting medical information about his children in his ex-partners letter box.
As we navigate through the legal circus of deceptive and dangerous acts and legislation (Admiralty jurisdiction) we need to educate ourselves in regards to our inherent, Sovereign, Natural law/Common Law inalienable rights.
Inalienable Rights existed before the creation of the State, and which, being antecedent to and above the State, can never be taken away, diminished, altered, or liened upon by the State, subject only to the Due Process of the Common Law. Nor can any Inalienable Right be fundamentally removed, whether mistakenly by contract through non-disclosure, which is fraud and unenforceable in Law, or knowingly by renunciation, which is contrary to Natural Law.
- The Right to Life, Freedom, Health, and the Pursuit of Happiness
- The Right to Contract, or Not to Contract, which is Unlimited
- The Right to Travel in the Ordinary Course of one’s Life and Business
- The Right to Privacy and Confidentiality, free from Unwarranted invasion
- The Right to Control, and Hold one’s Property, lawfully without Trespass
- The Right to Self-Defence when threatened with Harm, Loss or Deceit
- The Right to Due Process of Law, with Notice and Opportunity to Defend
- The Right to Remain Silent when accused, to avoid Self-Incrimination
- The Right to Equality in the eyes of the Law, and to Equal Representation
- The Right to Trial by Jury, being an Impartial Panel of one’s Peers
- The Right to Appeal in Law against Conviction or Sentence, or both
- The Right to Expose Knowledge necessary to one’s rights and freedoms
- The Right to Peaceful Association, Assembly, Expression, and Protest
- The Right to Practice a Religion, and to have Beliefs, of one’s choosing
- The Right to love, and to Consensual Marriage with Children, as a Family
- The Right to security from Abuse, Persecution, Tyranny, and War
- The Right to Refuse to Kill under command, by reason of Conscience
- The Right to live in Peace and be left alone when Law-Abiding
Family Violence Restraining Orders are classified as a civil matter until they are breached. If the Restraining Order is breached it then becomes a Criminal Matter.
The process
Generally what happens is that an application for an FVRO is made by the applicant to the Magistrates Court and lodged for a hearing. The matter will be heard by a Magistrate, the applicant will appear ‘in person’ as the legal fiction and the respondent is ex-parte (not present).
The Magistrate will either grant the FVRO or dismiss the application. If the FVRO is accepted by the Court then the WESTERN AUSTRALIA POLICE
[ABN 91 724 684 688] offer a free process server service for the ‘protected person’ and will serve the respondent, who is then labelled as a ‘person bound by the FVRO order’ on behalf of the applicant who then becomes the ‘person protected’.
The Family Violence Restraining Order state the terms of this order but will not state the ‘allegations’ of family violence submitted to the Magistrates Court.
from this point onwards, you have the choice to ‘OBJECT’ or ‘CONSENT’
Court Transcripts
It is highly recommended that you apply for the court transcript of the FVRO application. If you are the respondent/’person bound’ ex parte then the transcript will be supplied to you at no cost.
I recommend that you furnish yourself with the transcript ASAP because it is your lawful right to be fully informed of the ‘allegations’ made against your legal name ex parte. Fill out a form 1 request, that is available on the Magistrates Court website.
If you are served with an FVRO they generally will not provide you with a reason for the FVRO order. The court transcript will inform you of what was said during the hearing.
It is also suggested that you request a copy of what has been filed by the applicant to the Magistrates Court.
The insidious nature of the FVRO has far reaching effects. As I mentioned earlier, the FVRO starts out as a civil matter and if breached before or after a hearing or trial you then are considered to be a criminal in the eyes of the State.
A man or woman can be deemed to be violent without an act of violence having ever been committed. One man told me that he was deemed to be a ‘person bound by the FVRO’ with no history or evidence of violence. The Court transcript showed that the Magistrate stated that he had no history of violence and ordered the FVRO because of his ideologies (he was considered to be a constitutionalist and a Sovereign Citizen, which is an oxymoron). Australian Communist Party v The Commonwealth [1951] HCA 5; 83 CLR 1; [1951] ALR 129
Under the Restraining Orders Act 1997 s.63A.FVRO or VRO made if certain violent personal offences committed
(1A)In this section — violent personal offence means —
(a)an offence against The Criminal Code section 283, 292, 293, 294, 297, 304(2), 320, 321, 321A, 325, 326, 327, 328, 329 or 332; or
(b)an offence against The Criminal Code section 444 that is dealt with on indictment.
Criminal Code compilation Act 1913 (WA)
- 283.Attempt to unlawfully kill
- Chapter XXIX — Offences endangering life or health 292.Disabling in order to commit indictable offence etc
- 293.Stupefying in order to commit indictable offence etc
- 294.Act intended to cause grievous bodily harm or prevent arrest
- 297.Grievous bodily harm
- 304.Act or omission causing bodily harm or danger
- 320.Child under 13, sexual offences against
- 321.Child of or over 13 and under 16, sexual offences against
- 321A.Child under 16, persistent sexual conduct wit
- 325.Sexual penetration without consent
- 326.Aggravated sexual penetration without consent
- 327.Sexual coercion
- 328.Aggravated sexual coercion
- 329.Relatives and the like, sexual offences by
- 332.Kidnapping
- 444A.Duty of person in control of ignition source or fire
Is the Magistrates Court a Kangaroo Court?
‘The person’ bound by an FVRO is considered guilty until proven innocent. and according to s.44A. 1(a) Rules of evidence not to apply in certain circumstances the court is not bound by the rules of evidence and s.44A 1(c) hearsay rules are thrown out of the window.
If ‘the person’ bound by an FVRO breaches that order commits an offence. The penalty for this subsection is a fine of $10,000 or imprisonment for two years or both!
Restraining Orders Act 1997
Division 3 — Breach of restraining order or police order[
61.Breach of restraining order
(1)A person who is bound by an FVRO and who breaches that order commits an offence. Penalty for this subsection: a fine of $10 000 or imprisonment for 2 years, or both.
(1A)A person who is bound by a VRO and who breaches that order commits an offence.
Penalty for this subsection: a fine of $10 000 or imprisonment for 2 years, or both.
(2)A person who is bound by an MRO and who breaches that order commits an offence.
Penalty for this subsection: a fine of $1 000.
(2a)A person who is bound by a police order and who breaches that order commits an offence.
Penalty for this subsection: a fine of $10 000 or imprisonment for 2 years, or both.
(3)Proceedings for a breach of a restraining order or a police order are to be brought —
(a)if the alleged offender is a child, in the Children’s Court; or
(b)otherwise, in the Magistrates Court.
(4)It is taken to be an aggravating factor for the purposes of section 7(1) of the Sentencing Act 1995 if, in committing an offence under this section, a child with whom the offender is in a family relationship is exposed to family or personal violence.
(5)For the avoidance of doubt, subsection (4) does not affect the discretion of a court to decide whether or not any factor is an aggravating factor for the purposes of any offence.
(6)A prosecution for an offence under subsection (1), (1A) or (2a) must be commenced within 2 years after the day on which the offence is alleged to have been committed.
[Section 61 amended: No. 22 of 2000 s. 12; No. 50 of 2003 s. 90(2); No. 38 of 2004 s. 41; No. 59 of 2004 s. 124; No. 49 of 2016 s. 59; No. 13 of 2020 s. 40.]
Restraining Orders Act 1997
An Act to provide for orders to restrain people from committing family violence or personal violence by imposing restraints on their behaviour and activities, and for related purposes.
5A.Term used: family violence
(1)A reference in this Act to family violence is a reference to —
(a)violence, or a threat of violence, by a person towards a family member of the person; or
(b)any other behaviour by the person that coerces or controls the family member or causes the member to be fearful.
(2)Examples of behaviour that may constitute family violence include (but are not limited to) the following —
(a)an assault against the family member;
(b)a sexual assault or other sexually abusive behaviour against the family member;
(c)stalking or cyber‑stalking the family member;
(d)repeated derogatory remarks against the family member;
(e)damaging or destroying property of the family member;
(f)causing death or injury to an animal that is the property of the family member;
(g)unreasonably denying the family member the financial autonomy that the member would otherwise have had;
(h)unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or a child of the member, at a time when the member is entirely or predominantly dependent on the person for financial support;
(ha)coercing, threatening, or causing physical abuse, emotional or psychological abuse or financial abuse, in connection with demanding or receiving dowry, whether before or after any marriage;
(i)preventing the family member from making or keeping connections with the member’s family, friends or culture;
(j)kidnapping, or depriving the liberty of, the family member, or any other person with whom the member has a family relationship;
(k)distributing an intimate image of the family member without the family member’s consent, or threatening to distribute the image;
(l)causing any family member who is a child to be exposed to behaviour referred to in this section.
(3)For the purposes of this Act, a person who procures another person to commit family violence is taken to have also committed the family violence.
13.Restraints on respondent
(1)In making a VRO 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 personal violence against the person seeking to be protected;
29.Order at hearing in absence of respondent
(1)Subject to section 27, at a hearing fixed under section 26(2) the court may —
(a)make an FVRO or VRO; or
(b)dismiss the application; or
(c)adjourn the matter to a mention hearing; or
(d)at the request of the applicant, discontinue the application.
(2)If the court adjourns the matter under subsection (1)(c) the registrar is to fix a hearing and summons the respondent to the hearing.
(3)If the duration of an FVRO or VRO made under subsection (1)(a) is more than 72 hours the order is an interim order and Division 4 applies.
32.Respondent does not object to final order being made
(1)If a respondent —
(a)returns the respondent’s endorsement copy of an interim order in accordance with section 31; and
(b)indicates on it that the respondent does not object to the interim order becoming final,
the interim order becomes a final order with the same terms as the interim order.
43.Making final order
(1)Subject to section 42, at a final order hearing a court may make a final order of the type, and with the terms, the court considers appropriate.
49.Variation or cancellation
(1)Subject to section 48, at a hearing fixed under section 47 of an application made under section 45 the court may —
(a)dismiss the application; or
(b)if it decides to vary an interim order or a final order —
(i)cancel the original order and make a replacement order that contains the variations or
(c)if it decides to cancel an interim order or a final order, cancel the order.
Person bound
If you have been accused as a person bound then it is important to Keep Calm and Carry On. Take some deep breaths and process your emotions in a healthy way. You may experience an array of feelings such as shock, betrayal, bewilderment, hurt, anger, disappointment and anxiety.
Before you fill out any paperwork I recommend doing ‘the work’ on yourself to transcend your negative emotions.
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