Family Violence Protection in Tasmania
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. 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 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.
How Tasmania differs from federal law
Tasmania has a comprehensive family violence protection framework through the Family Violence Act 2004 (Tas), which was one of the first standalone family violence statutes in Australia.
- A Family Violence Order (FVO) can be obtained from the Tasmanian Magistrates Court. The order can prohibit the respondent from contacting or approaching the affected person, require the respondent to vacate a shared residence, and impose other conditions.
- Tasmania Police can issue Police Family Violence Orders (PFVOs) on the spot at the scene of a family violence incident, providing immediate protection for up to 12 months. PFVOs take effect immediately and can be varied or revoked by a court.
- The Safe at Home program is Tasmania's integrated criminal justice response to family violence, involving police, courts, prosecution, and support services working together.
- Tasmania's Family Violence Act includes economic abuse, emotional abuse, and intimidation in its definition of family violence, providing broader protection than just physical violence.
- Breaching a Family Violence Order or PFVO is a criminal offence in Tasmania.
Additional Steps in Tasmania
Call 000 if in immediate danger. Contact the Family Violence Counselling and Support Service (1800 608 122) or 1800RESPECT (1800 737 732). Apply for an FVO at the Magistrates Court. Legal help is available from the Women's Legal Service Tasmania (wlst.com.au) and Legal Aid Tasmania.
Relevant Law: Family Violence Act 2004 (Tas); Safe at Home framework; Family Law Act 1975 (Cth), Part VII (family violence provisions)
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.