Purpose

  • Family Law Council and Family Law Section of the Law Council of Australia, ‘Best Practice Guidelines for Lawyers Doing Family Law Work’ (4th ed.) (2017).

    ‘5.1 Legislation in all states and territories provides for the immediate protection of victims of family abuse, usually by means of protection orders (terminology varies). Lawyers should check whether there are violence protection orders in place.

    5.2 Protection orders are intended to confer immediate protection on a client and should not be used to obtain an advantage in Family Court or Federal Circuit Court proceedings.

    5.3 Section 60CC(3)(k) of the Family Law Act provides that in considering the best interests of a child the court must consider any relevant inferences that can be drawn from a family violence order. Lawyers should be aware that the existence of a family violence order is not, in itself, evidence that family violence has occurred.

    5.4 Lawyers should consider advising clients as to the use of orders relating to the occupation of the home, and should consider the relative merits of state and territory legislation and the relevant provisions of the Family Law Act.’

    See also Part 10 which deals with family law injunctions.
  • An online resource with clear and comprehensive information about Apprehended Violence Orders in NSW, including:

    • types of AVO
    • the application process
    • going to court
    • after court
    • Victims Support Scheme
    • immigration issues
    • protection of children
    • defending an AVO
    • family law issues
  • LawInfo Northern Territory, Domestic Violence.
    LawInfoNT is an open access website with plain language information about the law, including domestic violence. The information is presented in a variety of formats for easy comprehension. The domestic violence section sets out a series of commonly asked questions and answers relating to: the nature of DV, types of DVOs, applications for DVOs, protection of children, property damage, breach of DVO, other support services.
  • Legal Aid ACT’s Domestic Violence and Personal Protection Order Unit offers a service to assist with:

    • applications for DVOs
    • understanding and responding to DVOs
    • non-legal solutions and support services
  • Legal Aid Queensland, Domestic and Family Violence.
    This section of the Legal Aid Qld website provides information about: the nature of DFV, applying for a DFV protection order, the types of protection orders, children and protection orders, complying with a protection order, DFV duty lawyer services, and useful factsheets to help applicants and respondents navigate the legal system.
  • Legal Aid Western Australia, Family violence and your safety.
    This section of the website helps users to understand the nature of family violence, the help available including protection orders, and how the family law deals with cases involving family violence.
  • Legal Services Commission of South Australia, Domestic Violence Advice.

    The Commission provides services free of charge to assist with domestic violence matters, including:

    • intervention orders
    • the victim’s role and rights in the criminal justice process
    • family law matters
    • child welfare matters
    • credit, debt and housing matters
    • immigration matters arising as a result of domestic violence
    • application for legal aid or referrals to other services.
  • National Legal Aid, Family Violence Law Help.
    A national online resource to: assist people affected by domestic and family violence; promote State and Territory advocacy and support services; and clearly explain the operation of Australia’s various laws and courts in domestic and family violence matters.
  • Queensland Courts, Domestic violence videos (2016).

    ‘This series of videos explain the court process for domestic and family violence to provide [people] with the information [needed] to take part in the legal process’. Whilst these videos were developed in Queensland, they offer some general observations that may provide assistance for those in other jurisdictions. These videos include:

    • What is domestic and family violence?
    • What is a Domestic Violence Order?
    • How to apply for a Protection Order.
    • What happens in court?
    • What if I’m served?
    • Understanding the conditions of a Domestic Violence Order.
  • Victoria Legal Aid Website.
    This website includes a tab, Find legal answers, which provides useful information about a range of legal matters, including Family violence intervention orders and the Commonwealth Family Violence and Cross-Examination of Parties Scheme.