Family Violence

Family violence, also referred to as domestic violence, is a broad term used to describe a variety of coercive, controlling and abusive behaviour that occurs between intimate partners and/or other family members. The Family Law Courts have special procedures to identify and manage matters where family violence is present to ensure that vulnerable parties are protected during any court proceedings.

At E&A Lawyers, we screen all new clients to identify any issues around domestic violence, including any threats of family violence. This ensures our advice about substantive legal issues and the options we recommend for resolving any dispute, is appropriate.

Where do I go for help about family violence?

If you fear for your safety, or that of a child because of your partner's behaviour or threats that are made, you should speak to the Domestic Violence Liaison Officer (DVLO) at your closest Police Local Area Command.

For non-urgent complaints and inquiries, the Police telephone number in New South Wales is 13 14 44.

If you are in imminent danger, then you should call "000".

There are also many community organisations who can assist and support victims of family violence. If family violence is a factor in your family law matter, or allegations of violence have been raised in connection with your family law dispute, we will provide you with further information as appropriate.

Is an Order about Family Violence the same as an Apprehended Violence Order?

It depends on which court makes the order.

An order for personal protection made by a State Court is also called an "Apprehended Violence Order" or an "Apprehended Domestic Violence Order" if between parties in a close personal relationship.

An order made by one of the Federal Family Law Courts about family violence, for example, an order restraining a party from approaching another party, is also a personal protection order, but the factors that the Family Law Courts take into account when deciding to make the order are different from those the State Courts consider.

Can the Family Law Courts make orders about family violence?

Yes.

However, there may be circumstances where it is more practical for orders about personal protection to be made by approaching NSW Police or making a private application to a State Court. Your lawyer can provide you with advice about the best options for your specific circumstances.

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