If you have experienced domestic and family violence, it’s important to get legal adviceACTNSWNTQldSATasVicWA about how the court may consider domestic and family violence in your case.
The Family Courts take domestic and family violence very seriously.
When making Parenting Orders, the court considers what is in your child’s best interests by considering a number of factors. Protecting your child from harm including from domestic and family violence is the main thing the court considers.
The court also considers whether there has been any domestic and family violence and any Domestic Violence Orders, as well as other factors. For more information, see how does the court make decisions about children? Every case is different, so it’s important to get legal adviceACTNSWNTQldSATasVicWA about your situation.
Under family law, ‘family violence’ means when one person uses violent, threatening or other behaviour to pressure or control a family member, or that causes them to be fearful.
Some examples of family violence are listed below. However, this is not a complete list. If something isn’t listed, that doesn’t mean it’s not family violence.
• Stalking
• Hurting animals
Also see:
- I have experienced domestic and family violence – do I have to tell my lawyer?
- I don’t want my ex-partner to know where I live – what can I do?
- I have fears for my safety at court – what should I do?
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If your case goes to the Family Courts, you and the other parent must tell the court if:
there has been any domestic and family violence in your case
there are any Domestic Violence Orders in place for or against you or your children (and give the court a copy)
a child protection department have ever been involved with your family.
get evidence from police records or child protection agencies
Each parent or their lawyer may issue subpoenas (a written order) to get information like medical or other records.
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You must tell the Family Courts about any domestic and family violence by:
• providing a copy of any Domestic Violence Orders
• setting out what happened in your Affidavit
• filing a Notice of Risk – see resources
• telling the Judge what happened when you give evidence if your matter goes to final hearing. See I have to give evidence – what will happen?
You will need to go into detail about the domestic and family violence in your affidavit (written statement), even if the violence hasn’t been reported to the Police, your doctor or anyone else. You can get legal adviceACTNSWNTQldSATasVicWA about your situation.
The Federal Circuit Court website has information about Preparing Affidavits.
A Notice of Risk is a court form and is filed at court. It sets out whether there has been any domestic and family violence and if there is a risk of domestic and family violence. See resources for which form you need.
Police records and other external evidence can be important evidence in your case. But, there doesn’t have to be police records or other external evidence for the court to decide that the domestic and family violence happened.
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If you have experienced domestic and family violence, it’s important to get legal adviceACTNSWNTQldSATasVicWA about how the court may consider domestic and family violence in your case. The Family Courts take domestic and family violence very seriously.
When making Parenting Orders, the court considers what is in your child’s best interests by considering a number of factors. Protecting your child from harm including from domestic and family violence is the main thing the court considers.
The court also considers whether there has been any domestic and family violence and any Domestic Violence Orders, as well as other factors. For more information about how the court makes decisions, see how does the court make decisions about children?
If there is evidence that the children won’t be safe with a parent, the court may decide that one parent should have less time, supervised time or no time with them.
It depends on the facts of your individual case, so it’s important to get legal adviceACTNSWNTQldSATasVicWA.
Also see:
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When the Family Courts make Parenting Orders, they can also order a Personal Protection Injunction. This can help protect you by ordering the other person not to do certain things.
It is different to a Domestic Violence Order so it’s important to get legal adviceACTNSWNTQldSATasVicWA about Personal Protection Injunctions and Domestic Violence Orders.
What if someone breaks an injunction?
If you have a Personal Protection Injunction and the other person breaks the order you should get legal adviceACTNSWNTQldSATasVicWA about the next steps.
This may include reporting the breach to the police and telling the Family Courts.
If you, or someone you are with is in immediate danger– call police on Triple Zero (000).
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- Family Court of Australia – Family Violence Best Practice Principles
- Family Court of Australia – Do you have Fears for your Safety at Court?
- Family Court of Australia – Family Consultants
Notice of Risk
The form you need depends on which court your case is in:
- The Federal Circuit Court – Notice of Risk
- The Family Court of Australia – Notice of Child Abuse, Family Violence or Risk of Family Violence (Form 4)
- the Family Court of Western Australia – Notice of Child Abuse, Family Violence or Risk of Family Violence (Form 4)
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- Family Court of WA – Personal Safety
- Family Court of WA – Family Reports
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