In short
If you're in immediate danger, call 000. For free, confidential support 24/7, call 1800RESPECT on 1800 737 732. You can apply for a protection order yourself or ask police to apply for you - it's free in most states. When you're safe, a family lawyer can help with parenting and property matters where family violence is involved.
Get help now
| Service | Contact | When |
|---|---|---|
| Police, ambulance, fire | 000 | Immediate danger |
| 1800RESPECT | 1800 737 732 or text 0458 737 732 | 24/7, free and confidential |
| Kids Helpline | 1800 55 1800 | 24/7, ages 5 to 25 |
| MensLine Australia | 1300 78 99 78 | 24/7 |
| Lifeline | 13 11 14 | 24/7 crisis support |
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What counts as family violence?
Under the Family Law Act, family violence is violent, threatening or other behaviour that coerces or controls a family member, or makes them afraid. It's more than physical violence. Examples include:
- assault or sexual assault
- stalking, or repeated put-downs and insults
- damaging property or harming pets
- cutting someone off from family, friends or culture
- controlling money or assets, withholding financial support, running up debt in someone's name or sabotaging their job (economic and financial abuse)
How do protection orders work?
You can apply for a protection order yourself, or the police can apply for you. Protection orders are made by state and territory courts, not the family court. Police can often give short-term protection on the spot.
| State / territory | Order | Made by |
|---|---|---|
| NSW | Apprehended Domestic Violence Order (ADVO) | Local Court |
| VIC | Family Violence Intervention Order | Magistrates' Court |
| QLD | Domestic Violence Order | Magistrates Court |
| WA | Family Violence Restraining Order | Magistrates Court |
| SA | Intervention Order | Magistrates Court |
| TAS | Family Violence Order | Magistrates Court |
| ACT | Family Violence Order | ACT Magistrates Court |
| NT | Domestic Violence Order | Local Court |
Any domestic violence order made in Australia on or after 25 November 2017 is automatically recognised and enforceable in every state and territory. Older orders can be declared nationally at a local court.
How does family violence affect family law matters?
It can affect parenting arrangements, mediation, property and what happens in court.
Parenting
The safety of your children, and of you as their carer, is a central factor the court must consider. The court also looks at any history of family violence and any protection orders. If parenting orders are sought, a Notice of Child Abuse, Family Violence or Risk is filed with the application.
Mediation
You usually don't have to attend family dispute resolution with the person who hurt you. The court can excuse it where there are reasonable grounds to believe there has been, or is a risk of, family violence or child abuse.
Property
Since 10 June 2025, the court must consider how family violence affected each person's ability to contribute, and their current and future circumstances. It doesn't automatically mean a bigger share - each case depends on its facts.
In court
In many family violence cases, your ex can't question you personally in court - a lawyer does it instead, and Legal Aid can provide one for free under a Commonwealth scheme. The court also screens many parenting cases for risk and has a specialist list for high-risk matters.
Should I go to the police or a family lawyer?
Police respond to danger and can give on-the-spot protection. A family lawyer advises on parenting and property, but can't give emergency protection.
Police
- Respond to danger, any time
- Can give on-the-spot protection
- Can apply for a protection order for you
- Enforce orders and charge offences
A family lawyer
- Helps you apply for or respond to an order
- Advises on parenting and property
- Prepares your court documents
- Can't give emergency protection
How does ezysplit handle family violence matters?
Family violence matters aren't run through our standard fixed-fee packages, and they aren't handled by Rachel alone. When you're safe to talk, tell Rachel what's happening and a family lawyer can help with parenting and property matters.
Frequently asked questions
I'm in danger right now. What do I do?
Call 000. For confidential support any time, call 1800RESPECT on 1800 737 732 (24/7) or text 0458 737 732. Don't wait to speak to a lawyer first.
What counts as family violence?
It's more than physical violence. It includes threatening, coercive or controlling behaviour, or behaviour that makes you afraid - like stalking, constant put-downs, controlling money, cutting you off from family and friends, damaging property or hurting pets.
How do I get a protection order, and does it cost anything?
You can ask police to apply for you, or apply yourself at your local or Magistrates Court. It's free in most states and territories. Police can often give you short-term protection on the spot. The order has a different name in each state.
Does my protection order work if I move interstate?
Yes, if it was made on or after 25 November 2017. It's automatically recognised and enforced anywhere in Australia. An older order can be declared nationally at any local court.
Do I have to go to mediation with the person who hurt me?
Usually not. The court can excuse you from family dispute resolution if there are reasonable grounds to believe there has been, or is a risk of, family violence or child abuse.
How does family violence affect parenting arrangements?
The safety of your children, and of you as their carer, is a central factor the court must weigh. The court also looks at any history of family violence and any protection orders.
Does family violence affect our property settlement?
It can. Since 10 June 2025, the court must consider how family violence affected each person's ability to contribute and their current and future circumstances. It doesn't automatically mean a bigger share.
Will I have to be questioned in court by my ex?
In many family violence cases, no. The law bans personal cross-examination in certain situations, such as where a final protection order is in place or violence charges have been laid, and the court can ban it in other cases too. A lawyer does the questioning instead.
Sources checked 19 October 2026: 1800RESPECT · 1800RESPECT - Online safety tips · Attorney-General's Dept - National DVO Scheme · FCFCOA - Compulsory family dispute resolution · FCFCOA - Notice of child abuse, family violence or risk · FCFCOA - Lighthouse · FCFCOA - Family violence information · Legal Aid NSW - AVOs · Victoria Police - Intervention orders · Queensland Courts - Domestic and family violence · WA Police - FVROs