Family Violence Protection
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
What is this right?
The Family Law Act 1975 defines family violence broadly. It includes behaviour that coerces or controls a family member or causes them to be fearful (s 4AB). This covers physical assault, sexual abuse, stalking, repeated derogatory taunts, withholding money, preventing contact with family or friends, damaging property, and threatening to harm a pet.
Family violence is a key factor in parenting cases. The court must consider any family violence when deciding the best interests of the child (s 60CC(2)(b)). The presumption of equal shared parental responsibility does not apply if there are reasonable grounds to believe a parent has engaged in family violence or child abuse (s 61DA(2)).
Courts and professionals involved in family law matters have a duty to report child abuse and family violence to state and territory child protection agencies (s 67ZA). The Act also allows the court to make injunctions for personal protection, including orders restraining a person from approaching or contacting another (s 68B).
State and territory family violence intervention orders (AVOs, DVOs) operate alongside federal family law. If there is a conflict, the family law order generally prevails.
When does it apply?
These protections apply when:
- A person in a family relationship (spouse, de facto partner, parent, child, or household member) is experiencing or has experienced family violence.
- Family violence is raised in parenting proceedings — the court must consider it when deciding arrangements for children.
- A party needs urgent protection — the court can make injunctions or interim orders quickly.
- State or territory intervention orders (AVOs, DVOs) interact with federal family law orders.
What should you do?
- If you are in immediate danger, call 000 (police/ambulance/fire).
- Contact 1800RESPECT (1800 737 732) — the national family violence and sexual assault helpline, available 24/7.
- Apply for a state or territory intervention order (AVO, DVO) through the local Magistrates Court or police.
- Raise family violence in any family law proceedings — you are required to disclose it, and the court must consider it.
- Document incidents with dates, details, photos, and medical records where possible.
- Seek legal advice — Legal Aid and community legal centres offer free help for family violence matters.
What should you NOT do?
- Don't stay silent about violence — courts need to know about it to protect you and your children.
- Don't make false allegations — this is taken very seriously and can result in adverse findings against you.
- Don't breach an intervention order or injunction — breaching a court order is a criminal offence.
- Don't assume family violence is only physical — emotional, psychological, financial, and coercive control are all covered.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.