Key takeaway: Family violence is treated very seriously in Australian family law. Protection orders (AVOs/DVOs) can keep you safe, and family violence affects parenting decisions, where the child's safety overrides other considerations. It's also a recognised exemption from compulsory mediation. If you're in immediate danger, call 000. For support, 1800RESPECT is available 24/7.
If you're in danger right now
If you or your children are in immediate danger, call 000 now. For confidential counselling and support at any hour, contact 1800RESPECT (1800 737 732), the national family and domestic violence service. Your safety is the priority — everything else can follow.
If it's safe to do so, talk to us confidentially about protecting yourself and your children.
Book a free consultation →What counts as family violence?
Family violence is broader than physical harm. It includes behaviour that makes a family member fear for their safety or wellbeing, such as: physical or sexual assault; threats and intimidation; emotional or psychological abuse; financial control or deprivation; coercive control; stalking; and exposing children to any of these. Recognising the full scope matters, because non-physical abuse is just as relevant in family law.
Protection orders: what is a DVO (or AVO)?
A Domestic Violence Order (DVO) is a court order that legally restricts how a person can behave towards someone they have a domestic or family relationship with, in order to protect that person from violence, threats, harassment or intimidation. It is a civil order — not a criminal charge — but breaching it is a criminal offence that can lead to arrest, fines or imprisonment.
The name differs by state and territory, but the protection is the same. A DVO can include conditions such as the person not approaching or contacting you, staying away from your home or workplace, and not being violent or threatening.
| State / Territory | Name of order |
|---|---|
| NSW | Apprehended Domestic Violence Order (ADVO / AVO) |
| Queensland, NT | Domestic Violence Order (DVO) |
| Victoria | Family Violence Intervention Order |
| South Australia | Intervention Order |
| WA | Family Violence Restraining Order (FVRO) |
| Tasmania, ACT | Family Violence Order (FVO) |
You can apply for a DVO through the police or your local Magistrates Court, and police can also apply on your behalf or issue an interim order in an emergency. An order can be made urgently and last for a set period, often a year or more. These orders operate alongside family law proceedings and can shape parenting arrangements.
How it affects parenting matters
In any parenting decision, the Family Law Act 1975 makes protecting the child from harm a primary consideration — and where the benefit of a relationship with both parents conflicts with safety, safety prevails. Family violence can affect who a child lives with, whether time is supervised, and how changeovers happen. The court can order supervised contact or, where necessary, no contact.
Mediation and family violence
Mediation requires both parties to participate safely and on a relatively even footing — which family violence can make impossible. That's why family violence is a recognised exemption from the usual requirement to attempt family dispute resolution before court, under the FCFCOA family dispute resolution framework. Where mediation does proceed in sensitive cases, shuttle or online formats can keep parties entirely separate. We always assess safety before recommending mediation. See mediation in high-conflict situations →
Not sure whether mediation is safe in your situation? We'll give you an honest assessment, confidentially.
Book a free consultation →Does it affect property settlement?
It can. Where family violence has made contributions significantly more difficult — for example, where abuse affected a person's ability to work or participate — this can be relevant to how contributions are assessed in a property settlement. Financial abuse in particular is increasingly recognised. See how property settlement works →
Where to get support
You don't have to navigate this alone. Beyond 000 in an emergency, 1800RESPECT offers 24/7 confidential support, and specialist family violence services operate in every state. When you're ready and it's safe, we can help you understand your legal options and the safest path forward — including protection, parenting and property. Reach out confidentially →
If you are in immediate danger, call 000. Support: 1800RESPECT (1800 737 732), available 24 hours.