If you are in immediate danger call 000

Do I have to tell the Court about family violence?

Yes. You must tell the Court about any relevant family violence orders and file a copy of any family violence orders. This is because they may affect the Court orders, particularly orders about a child spending time with a parent or other person. The Court must make sure that orders do not expose people to family violence.

When the Court knows about a family violence order, it can make parenting orders that take the order into account. For example, it can arrange for an independent person to be present during hand-over times or order that the time the child spends with a parent or other person takes place at a children's contact centre.

Can I bring a support person or friend to a conference or other court appointment?

If you are not legally represented (i.e. you don’t have a lawyer) you may bring a friend or support person with you to a court conference or other court appointment. The extent of a support person's involvement in the conference/appointment will be at the discretion of the Registrar or Court Child Expert conducting the conference/appointment.

If you have a friend or support person with you, they may sit at the back of the courtroom. Children and young people under 18 are not permitted in the courtroom.

Can I bring a support person or friend to a hearing?

During a hearing, if you are not legally represented, you may be allowed to bring a support person with you. However, the extent of the support person's involvement in the hearing will be at the discretion of the judicial officer.

Where can I get advice about court processes and parenting orders when there have been instances of family violence?

The Family Relationship Advice Line (FRAL) is a national telephone service that helps families affected by relationship or separation issues. FRAL provides information about the family law system, parenting arrangements after separation and advice on family separation issues. Calls to FRAL are confidential and you are able to receive help anonymously.

During difficult times, many people are faced with a complex mix of emotional and practical issues. The FRAL may be able to assist you. FRAL offers a national telephone service that helps families affected by family violence and other relationship issues. They also provide counselling and referrals for all family members, including children. FRAL also assists with referrals to other services such as Centrelink, Child Support or a legal service.

Anyone can call FRAL – parents, grandparents, children, young people, other family members or friends. Their services include:

• advice on family separation issues
• legal advice
• information about the impact of conflict on children
• telephone-based family dispute resolution
• referrals to Family Relationship Centres and other dispute resolution services, and
• referrals to a range of other services to help with family relationship and separation issues.

Visit www.familyrelationships.gov.au or call 1800 050 321.

What if a family law order is made that is inconsistent with a family violence order?

The Family Court and the Federal Circuit Court may make a parenting order or an injunction that is inconsistent with a state or territory order. For more information go to:

• Section 68P of the Family Law Act 1975
• Section 68Q of the Family Law Act 1975

If you have a family law parenting order that is inconsistent with a family violence order, it is important that you obtain legal advice so you understand your legal rights and responsibilities. A lawyer can help you understand your legal rights and responsibilities. They can also explain how the law applies to your case. The Court is unable to provide legal advice because to do so could seriously compromise the Court's ability to impartially determine a case. For more information visit Legal help.

What is a child protection order?

Child protection orders are different to family violence orders. They are made by a state children's court when it is believed that a child is in need of protection. However, children can sometimes be included on family violence orders made for a parent (if appropriate). 

I or someone I am close to is experiencing family violence. What can I do?

Please reach out to a support service or call the police if you feel you are in imminent danger. Some links to services can be found on the Department of Social Services website.

The Court also has a family violence directory with links and contact details of support services in each state and territory. See Get help and support.

I have/am experiencing family violence and have an upcoming court case. Where can I get support for my court event?

The Family Advocacy and Support Service (FASS) is an integrated duty lawyer and social worker service available for families affected by family violence or abuse. This service is run by Legal Aid and is free.

FASS may be able to help you with preparing documentation, organising referral to a service or assistance with court proceedings. Visit https://familyviolencelaw.gov.au/fass/ to contact FASS in your state or territory.

If you need the assistance of FASS when you are at court, you should proceed to their reception desk when you arrive at the Court registry, although it may be helpful to contact them prior to your visit.

The Court places a priority on safety. A safety plan can be organised to ensure you can participate in court events safely. If you have fears for your safety when attending court you should notify FASS so they can request a safety plan.

I’ve committed family violence and I need to get help.

If you have committed family violence, or are worried that you might commit family violence, there is help and support available.

For information about support and resources see:

• No to Violence – Are You Worried About Your Behaviour?
• Family Violence Law Help – Get Help

As part of the Court’s commitment to the protection of vulnerable parties and children in the family law system, safety and risk is considered at all stages of family law proceedings.

The Family Law Act 1975 (the Family Law Act) defines family violence and child abuse. The Court has obligations under the Family Law Act (section 67ZBB) which requires us to take prompt action in relation to allegations of child abuse or family violence.

Notifying the Court about family violence, child abuse or risk

If you have a family violence order, you must tell the Court about the order.

Section 60CF of the Family Law Act states that if a party to the proceedings, or a person who is not a party to the proceeding, is aware that a family violence order applies to the child, or a member of the child’s family, that party must inform the Court of the family violence order. A party to the proceedings should file a copy of the family violence order with the Court.

The Notice of child abuse, family violence or risk is a mandatory form for any person who files an Initiating Application, Application for Consent Orders or Response in the Federal Circuit and Family Court of Australia (the Court) seeking parenting orders. It is the way that you notify the Court of any allegations of family violence, child abuse or risk, in parenting proceedings.

Under section 67ZBB of the Family Law Act, the Court is required to take prompt action in relation to allegations of child abuse or family violence. Considerations must be made to:

• determine what interim or procedural orders (if any) should be made to protect the child or any of the parties to the proceedings, and
• obtain evidence about the allegation as expeditiously as possible.

If an interested party to the proceeding answers yes to the following questions in the Notice of child abuse, family violence or risk, a prescribed child welfare authority must be provided with a copy of the form and may also be provided with other court documents and information, as is required, to enable investigation of the contents of the form:

• Has a child to whom proceedings relate been abused (or are they at risk of abuse) by a party to proceedings or any other person relevant to these proceedings?
• Do you allege that a child to whom the proceedings relate has suffered (or is at risk of suffering) serious psychological harm from experiencing family violence directly or indirectly?

If there are allegations of family violence, child abuse or risk of family violence, the Court may make orders under sections 67ZBD and section 67ZBE of the Family Law Act to obtain particulars, documents or information from state and territory agencies. This could include particulars, documents and information pertaining to abuse, neglect or family violence, to which a subject child has been subjected or exposed as well as family violence to which a party has been exposed to or engaged in which may affect a child in the proceedings.

Under section 68B of the Family Law Act, the Court can make orders or grant injunctions as it considers appropriate for the welfare of the child.

More information is available in the instruction pages of the Notice of child abuse, family violence or risk.

Information Sharing

Under sections 67ZBD and 67ZBE of the Family Law Act, the Court can make an order requesting particulars, information and documents from State and Territory police and child protection agencies which relates to abuse, neglect, family violence or risk.

This information supports the Court in making informed decisions in parenting matters.

Upon receipt of the documents or information provided under a section 67ZBD or 67ZBE order, the presiding judicial officer will determine whether the information is to be released to parties and legal representatives, and the conditions of that release. The Court must admit into evidence any particulars, documents or information on which the Court intends to rely, except if it is only being relied on to assist in case management.

If an order has been made to an agency under section 67ZBE, a party must not request the issue of a subpoena to that agency without leave of the Court. For more information, see the Leave requirements for subpoenas in family law proceedings flowchart.

Co-location of State and Territory child protection and police officials

The Co-location Program commenced in 2020, with child protection and police officials now located across most Court registries. Co-located state and territory child protection and police officials perform a range of functions which enhance information sharing and collaboration between the federal family law and state and territory child protection and family violence systems.

The Co-location Program forms part of the National Strategic Framework for Information Sharing between the Family Law and Family Violence and Child Protection Systems, which aims to promote the safety and wellbeing of adults and children affected by family violence and child abuse, and support informed and appropriate decision making in circumstances where there is, or may be, a risk of family violence or child abuse.

More information about the family law information sharing and the Co-location Program can be found on the Attorney-General's website.

Family violence and cross-examination of parties

Amendments made to the Family Law Act in 2019 provide protection to victims of family violence who are cross-examined as part of family law proceedings. Since 10 September 2019, personal cross-examination is banned in family law proceedings in certain circumstances where allegations of family violence have been raised.

Personal cross-examination is where a party asks questions of another party or witness directly, rather than having the questions asked by a lawyer.

Under the scheme, cross-examination is now conducted by legal representatives.

Unrepresented litigants will be unable to cross-examine the other party at an interlocutory or final hearing if there are allegations of family violence and:

1. either party has been charged with, or convicted of, an offence involving violence or threat of violence to the other party
2. a final family violence order applies to both parties
3. an injunction has been made under the Family Law Act for the personal protection of one party against another, and/or
4. the Court determines the prohibition should apply.

In matters involving family violence which do not fall into the above categories, the Court can provide alternative protections, such as cross-examination via video link.

Litigants prohibited from cross-examining another party can either engage a legal practitioner to act for them or apply to the Commonwealth Family Violence and Cross-Examination of Parties Scheme (the Scheme) to obtain legal representation.

Unrepresented litigants who do not have legal representation either privately or through the Scheme will be unable to cross-examine the other party at the final hearing. 

For more information, see the Family Violence information sheet.

Court-ordered protection in other cases

Where there are allegations of family violence, but section 102NA does not apply, meaning an automatic ban does not apply, or the Court does not apply its discretionary ban on the cross-examination of a party where there is allegations of family violence, the Court must ensure that during the cross-examination, there are appropriate protections to ensure the safety of the party who is the alleged victim of the family violence. For example, the Court may consider it appropriate to give a direction under subsection 102C(1) of the Family Law Act that the cross-examination be conducted by video link or audio link.

Related information

• Family violence section  (Attorney-General's Department)
• Family violence law help website
• Family Law Amendment (Family Violence and Cross-examination of Parties) Act 2018
• Family violence information sheet

Lighthouse

The Courts are leading the way in assisting families that have experienced family violence or other safety concerns to navigate the family law system.

Lighthouse is an innovative approach taken by the Courts to screen for risk, with a primary focus on improving outcomes for families involved in family law proceedings. It improves the safety of litigants who may have experienced family violence and children who may have experienced associated risks such as child abuse.

For more information, see Lighthouse.

Family Dispute Resolution

People involved in disputes about the future arrangements for their children after relationship breakdown are required to make a genuine effort to resolve the matter by family dispute resolution.

Section 60I of the Family Law Act requires parties to make a genuine effort to resolve their dispute by attending mandatory family dispute resolution mediation prior to making an application for a parenting order, unless it is not safe to do so and an exemption is sought because of family violence or child abuse.

An application for a parenting order cannot be accepted for filing unless the applicant has filed a certificate from an accredited family dispute resolution practitioner or the Court is satisfied that one or more of the grounds for exemption in section 60I(9) exist.

The grounds for exemption are extensive and relate to:

• if family violence has been committed or there is a risk of family violence being committed by one of the parties to the proceedings, or
• there being abuse or a risk of child abuse if there was a delay in applying for an order.

If you are exempt from attending family dispute resolution mediation due to the above circumstances, you must still receive information regarding other services and options (including alternatives to court action) that are available.

For more information about dispute resolution options, see Family Dispute Resolution and Compulsory pre-filing Family Dispute Resolution – court procedures and requirements or contact the Family Relationships Advice Line.

Other Court resources

Family violence plan

The Family Violence Plan represents a major commitment by the Court to the early identification and management of matters where violence, or the risk of violence, is alleged.

The overarching purpose of the plan is to protect the most vulnerable members of our community—children—and their families from the harm associated with experiencing or being exposed to family violence.

The plan contains actions for the administration of the courts, and for decision makers, legal practitioners, service providers and others involved in the family law system. It contains three areas of focus, each of which has a defined goal and identified actions, responsibilities and timelines. The Plan complements the Courts’ other plans that form part of the broad access and inclusion framework.

The plan was developed following extensive internal and external consultation.

Further information on the Australian Government’s broader commitment to taking action to prevent family violence can be found on the Attorney-General’s Department website.

Family Violence Best Practice Principles

The Family Violence Best Practice Principles contribute to furthering the Court’s commitment to protecting litigants and children from harm resulting from family violence and abuse.

The overarching principles are:

1. Family violence is not acceptable.
2. Safety is a right and a priority for all court users.
3. Parenting matters involving family violence will be identified early and appropriately managed.
4. All professionals working in or appearing before the Courts are expected to undertake ongoing training and professional development to ensure they have a sound and contemporary knowledge of family violence.
5. Litigants must have access to specialist support services, and clear information to assist their full participation in all court processes.
6. The Courts must have access to information relevant to safety and risks.
7. All litigants have an equal right to access justice, and those experiencing family violence are not to be disadvantaged in the court system.

The Best Practice Principles apply in all cases involving family violence or child abuse (or the risk of either) in proceedings before courts exercising jurisdiction under the Family Law Act 1975, and provide useful background information for decision makers, legal practitioners and individuals involved in these cases.

While primarily focused on adjudication rather than administration, the principles have informed the administrative strategies of the Courts and underpin the Court’s Family Violence Plan.

The Family Law Act 1975 (the Family Law Act) contains several provisions designed to protect parties and children from family violence. Section 4(1) of the Family Law Act states that abuse, in relation to a child, includes causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence.

Family violence is traumatic for children and can have long lasting effects. Under section 4AB of the Family Law Act, a child is exposed to family violence if the child sees or hears family violence or otherwise experiences the effects of family violence.

Examples provided in the Family Law Act of situations that may constitute a child being exposed to family violence include (but are not limited to):

• overhearing threats of death or personal injury by a member of the child’s family towards another member of the child’s family, or
• seeing or hearing an assault of a member of the child’s family by another member of the child’s family, or
• comforting or providing assistance to a member of the child’s family who has been assaulted by another member of the child’s family, or
• cleaning up a site after a member of the child’s family has intentionally damaged property of another member of the child’s family, or
• being present when police or ambulance officers attend an incident involving the assault of a member of the child’s family by another member of the child’s family.

There are a range of other ways a child may be impacted by family violence.

Under section 67Z of the Family Law Act, the Court must be notified if a parenting matter involves allegations of family violence or child abuse. An interested person in parenting proceedings must notify the Court if one of the parties to the proceedings has already committed family violence, or if there is a risk of family violence being committed by one of the parties by filing the Notice of child abuse, family violence or risk. An interested person in proceedings is a party to the proceeding, an Independent Children’s Lawyer who represents the interest of the child in the proceeding, or any other person prescribed by the regulations.

For more information about notifying the Court, see How the Court considers safety and risk.

Child protection law

State and territory governments are primarily responsible for child protection law in Australia. State and territory child welfare agencies may intervene in family settings and seek orders in relation to the care and protection of a child or young person as a result of a notification of harm or significant risk of harm to a child. Child protection orders are different to both family law orders and family violence orders. They are made by a state or territory children's court when it is believed that a child is in need of protection. However, children can also be included on family violence orders made for a parent (if appropriate).

Related legislation

• Australian Capital Territory: Children and Young People Act 2008 
• New South Wales: Children and Young Persons (Care and Protection) Act 1998 
• Northern Territory: Care and Protection of Children Act 2007  
• Queensland: Child Protection Act 1999 
• South Australia: Children and Young People (Safety) Act 2017 
• Tasmania: Children, Young Persons and their Families Act 1997 
• Victoria: Children, Youth and Families Act 2005 
• Western Australia: Children and Community Services Act 2004 

If you are in immediate danger call 000

If you have a family violence order, you must tell the Court about the order.

A family violence order is an order (including an interlocutory order) made under a state or territory law to protect a person from family violence. The Federal Circuit and Family Court of Australia (the Court) does not make family violence orders.

Family violence orders may affect orders made by the Court, especially parenting orders about a child spending time with a parent or another person.

Family violence orders are called different things in different states, for example:

• Australian Capital Territory: Family Violence Order
• New South Wales: Apprehended Domestic Violence Order
• Northern Territory: Domestic Violence Orders
• Queensland: Domestic Violence Orders
• South Australia: Intervention Orders
• Tasmania: Family Violence Orders
• Victoria: Intervention Orders
• Western Australia: Family Violence Restraining Orders.

Although the names of family violence orders differ in each state and territory, the processes are similar, and family violence orders made in any state and territory can be registered for enforcement in any other state or territory if needed.

Individuals who are experiencing violence in a domestic or family relationship can apply for a family violence order. Depending on the state or territory the order is being applied in, the relationships can include:

• an intimate partner or intimate personal relationship
• a family relationship, or
• an informal care relationship.

How can I apply for a family violence order?

The Court does not make family violence orders. How you get a family violence order, and what the order is called, depends on where you live.

For information on how to get a family violence order, click on your state or territory:

• ACT – Domestic Violence Order
• NSW – Apprehended Domestic Violence Order
• VIC – Intervention Order
• SA – Intervention Order
• QLD – Domestic Violence Order
• WA – Family Violence Restraining Order
• TAS – Family Violence Order
• NT – Domestic Violence Order

For further information see Family violence orders. See Legal advice for information on legal assistance available for family law disputes from government-funded organisations.

Related legislation

• Australian Capital Territory: Domestic Violence and Protection Orders Act 2008
• New South Wales: Crimes (Domestic & Personal Violence) Act 2007
• Northern Territory: Domestic and Family Violence Act
• Queensland: Domestic and Family Violence Protection Act 2012
• South Australia: Intervention Orders (Prevention of Abuse) Act 2009
• Tasmania: Family Violence Act 2004
• Victoria: Family Violence Protection Act 2008
• Western Australia: Restraining Orders Act 1997

What if a parenting order is made that is inconsistent with a family violence order?

The Court has federal jurisdiction and is responsible for making parenting orders, whereas family violence orders are generally made by the prescribed law of a state or territory.

All decisions of the Commonwealth override decisions made by states or territories, therefore parenting orders from the Court will supersede inconsistent obligations of a state or territory based family violence order.

Under the Family Law Act 1975, all state and territory orders are described as family violence orders. Such orders may forbid one parent from coming within a set distance of another parent or stalking or harassing them.

Sometimes the Court will make an order or an injunction that is inconsistent with the state or territory order (see sections 68P and 68Q of the Family Law Act 1975).

Family violence orders can allow parties to come into contact with each other only for:

• delivering or collecting a child who is spending time with a parent or other person (as provided by the Family Law Act), or
• enabling parties to attend family counselling, family dispute resolution, a court children’s services meeting or other court events during family law proceedings.

If a parenting order states a child is to be collected from the protected person of a family violence order, and the family violence order states the person who the order applies to is to not be within 100 metres of the residence, there will not be a breach of the family violence order as the purpose of attending the residence is to comply with the parenting order.

However, if the person who the order applies to attends the residence of the protected person for reasons other than compliance of the parenting order, they will be in breach of the family violence order. The same principle applies with making contact or communicating with the other party for purposes other than the child(ren) the parenting order applies to.

If your parenting order and family violence order are inconsistent, you must comply with whichever order was made later (see sections 68P and 68Q of the Family Law Act 1975). 

For further information on Parenting orders see Children.