Family Violence Protection in Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The Family Law Act 1975 defines family violence broadly. Section 4AB captures behaviour that coerces or controls a family member or causes them to be fearful — physical assault, sexual abuse, stalking, repeated derogatory taunts, withholding money, preventing contact with family or friends, damaging property, threatening to harm a pet. The breadth of the definition was deliberate, and it has reshaped how Australian courts assess parenting matters.
Family violence is a key factor in parenting cases. Under s. 60CC(2)(b), the court must consider any family violence when assessing the best interests of the child. And the presumption of equal shared parental responsibility does not apply where there are reasonable grounds to believe a parent has engaged in family violence or child abuse (s. 61DA(2)).
Courts and professionals in family-law matters have a duty to report child abuse and family violence to state and territory child-protection agencies (s. 67ZA). The court can also make personal-protection injunctions — restraining a person from approaching or contacting another (s. 68B).
State and territory family violence intervention orders (AVOs, DVOs) operate alongside federal family law. Where the two conflict, the more protective order generally controls.
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 to Do If You Are Experiencing Family Violence in Australia
- 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.
Use the jurisdiction bar at the top of the page to pick your state — you'll see how state law differs from Australian federal law.
6 states available
Common Questions
When does family violence protection 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 I do if I am experiencing family violence in Australia?
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 mistakes should I avoid with family violence protection?
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.
Family Violence Protection in other states
Same topic, different jurisdiction. Pick the one that applies to you.