Family Violence & Restraining Orders

Family violence is not limited to physical violence. It can include a range of behaviours that are violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family or causes the family member to be fearful.

Every situation is different, and obtaining legal advice can help you understand the protections available to you.

Some examples of family violence include but is not limited to:

• Assault and/or sexual assault;
• Emotional or psychological abuse and repeated derogatory taunts;
• Threatening behaviour;
• Financial control and or abuse;
• Intimidation or harassment;
• Damage to property;
• Causing death or injury to an animal;
• Tracking and stalking behaviour;
• Technology-facilitated abuse;
• Preventing the family member from making or keeping connections with his or her family, friends or culture;
• Unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty;
• Behaviour that causes a person to fear for their safety or wellbeing.

Family violence issues can have a significant impact on parenting arrangements and financial family law matters.

The Court will consider allegations of family violence when:

1. considering risk to the child, and family members of the child, and whether the risk can be ameliorated in the context of what arrangements are in a child’s best interests; and
2. considering economic and financial abuse and how family violence has had an impact on a victim’s ability to contribute financially, earn an income and meet future living and medical costs.

We can advise you on how restraining orders and family law proceedings may interact and help you navigate both processes.

Whether you are seeking protection, responding to an application, or need advice about the impact of family violence on your family law matter, Richardson Family Law can provide clear, practical guidance tailored to your circumstances.

Contact us to arrange a confidential consultation.

You can apply to the Magistrates Court for a family violence restraining order (FVRO) against a family member if you need protection because of the risk of family violence. The IFVRO can be extended to the Children of the applicant.

The Magistrates Court can make an FVRO against another family member to protect you from family violence if:

1. the respondent has committed family violence against you and is likely to commit family violence against you in the future, or
2. you (or a person who applies for the FVRO for you) have good reasons to fear that the respondent will commit family violence against you.

The definition of family member is broad and covers current and former: spouses, siblings, children, parents, grandparents and step-family relationships, as well as other relatives, and members of intimate or family-type relationships.

It also covers the former spouse or former de facto partner of the other person’s current spouse or current de facto partner.