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How Does the Family Law System Provide Protection When Domestic and Family Violence Is Present?
Domestic and family violence is a serious issue that affects many Australian families. The Family Law system provides multiple legal protections to safeguard victims and ensure the safety of children and vulnerable family members.
At ALA Law, we understand the urgency and sensitivity of family violence matters. Our expert family lawyers work with victims to secure legal protection orders, child custody arrangements, and safe property settlements.
In this article, we explain how the Australian Family Law system protects victims of domestic and family violence and the legal options available.
👉 Need immediate help? Call 1800RESPECT (1800 737 732) for confidential support.
1. What Is Domestic and Family Violence?
Under Australian law, domestic and family violence is defined as violent, threatening, or coercive behaviour that seeks to control or dominate another person in a family or intimate relationship.
It includes:
🚨 Physical abuse – Hitting, kicking, strangulation, or physical intimidation.
🚨 Emotional and psychological abuse – Manipulation, threats, humiliation.
🚨 Financial abuse – Controlling finances, restricting access to money.
🚨 Coercive control – A pattern of behaviour designed to isolate and control a victim.
🚨 Technology abuse – Cyberstalking, tracking devices, controlling online activity.
How Common Is Domestic Violence in Australia?
1 in 6 Australian women and 1 in 16 men have experienced physical or sexual violence by a partner.
50% of family law matters involve allegations of family violence.
On average, one woman is killed every 10 days by a current or former partner.
2. How Does the Family Law System Protect Victims of Domestic Violence?
The Family Law Act 1975 (Cth) prioritises the safety of children and victims of family violence in family law proceedings.
Key Legal Protections Include:
✔ Apprehended Violence Orders (AVOs) / Domestic Violence Orders (DVOs)
✔ Parenting Orders prioritising child safety
✔ Supervised contact or no-contact orders
✔ Immediate court intervention for urgent cases
✔ Property settlement protections to ensure financial security
🔹 ALA Law assists victims in obtaining these legal protections quickly and effectively.
Further to this the “Lighthouse Project” and specialty triage listings in the court ensure that there are sufficient resources to triage the most extreme cases of family violence and expedite the outcomes.
3. Protection Orders: AVOs and DVOs
A Family Violence Order (FVO) protects victims by legally restricting the abusive person’s actions. These orders have different names across Australian states:
✅ NSW: Apprehended Domestic Violence Order (ADVO)
✅ VIC: Intervention Order (IVO)
✅ QLD: Domestic Violence Order (DVO)
✅ WA: Violence Restraining Order (VRO)
✅ SA: Intervention Order (IO)
🔹 How ALA Law Can Help: We assist clients in applying for and enforcing protection orders to keep them safe.
4. How Family Law Courts Handle Domestic Violence in Parenting Cases
When family violence is alleged, the Federal Circuit and Family Court of Australia (FCFCOA) prioritises the safety of children and the affected parent.
Key Legal Principles:
👩⚖️ There is NO Presumption of Equal Shared Parental Responsibility anymore – This means you no longer have to rebut the presumption that parents should share parental responsibility for children.
👩⚖️ Child Safety First – The court prioritises the child’s best interest as the paramount consideration. Ensuring that arrangements that place a child at risk will not occur in situations of family violence.
👩⚖️ Supervised Visits or No Contact – The court may order supervised parenting time at a contact centre or prohibit contact altogether. These avenues often allow for a relationship to exist between a child and parent but in a safe environment.
🔹 ALA Law represents clients in Family Court to ensure parenting arrangements prioritise safety.
👉 Learn more: Family Violence & Family Law Court – FCFCOA: https://www.fcfcoa.gov.au/fl/fv
5. Emergency Protection for Children
If a child is at risk of harm, the Family Court can issue urgent court orders to remove them from danger.
🚨 Recovery Orders – Used when a child is taken or withheld unlawfully.
🚨 Injunctions to Prevent Exposure to Violence – Prohibiting an abusive parent from having access.
🔹 ALA Law takes urgent action to protect children in danger.
👉 Learn more: Recovery Orders & Child Safety – FCFCOA:
6. Financial Protections for Victims of Family Violence
Victims of domestic violence are often financially controlled by their abuser. The Family Law system provides:
✔ Exclusive Occupation Orders – Allows the victim to stay in the family home while the abuser is removed.
✔ Spousal Maintenance – Financial support from the former partner if needed.
✔ Property Settlements in favour of the Victim – Courts may adjust settlements to account for the impact of family violence.
🔹 ALA Law ensures financial protections are put in place for victims of domestic violence.
👉 Learn more: Property Settlements & Family Violence – FCFCOA: https://www.fcfcoa.gov.au/fl/fv/overview
7. Why Choose ALA Law for Domestic Violence and Family Law Matters?
At ALA Law, we provide compassionate, experienced legal support for victims of domestic violence. We can help with:
✔ Applying for protection orders quickly and effectively
✔ Ensuring parenting arrangements prioritise safety
✔ Securing fair property settlements and financial support
✔ Representing victims in Family Court to protect their rights
📞 If you need urgent legal assistance, contact ALA Law today.
👉 Visit Our Website: https://www.alalaw.com.au
