This abuse is called ‘domestic violence’ or ‘family violence’ and can happen in relationships like marriage or between family members. For example, family violence may occur between or by aunts, uncles, and cousins, as well as between couples.

If children witness the violence, it can be traumatic for them. Parents need to protect themselves and their children from seeing, hearing, and experiencing family and domestic violence.

Types of family violence include:

• Physical: hitting, biting, scratching, wrecking your clothes or belongings
• Sexual: making you engage in unwanted sexual activities that you don’t want to do or involving minors
• Psychological/mental/emotional: mind games, threatening to harm others or your pets, being jealous and controlling, verbally aggressive or threatening
• Verbal: swearing or shouting at you
• Financial: not giving you access to your money, spending all your money, or bossing you for your money
• Property damage: smashing up your house, car, or any property
• Social abuse: not letting you have friends or see your family or stopping you from going places
• Spiritual and cultural abuse: not letting you practice your culture or speak your language, or not letting you practice your choice of religions
• Cyber-stalking: continuously contacting you via texting, ringing, over social media, or other communications

A Family Violence Restraining Order (FVRO) is an order made against a family member that is designed to stop violence or threats of violence.

If you are experiencing any of these offensive behaviours, or any ones listed under the What is family violence? header or one of your family is, then it is important that you contact us or another legal service about getting an FVRO.

In your application for an FVRO, you can ask that the order also protect your child(ren) or apply for an FVRO on behalf of a child.

To apply for an FVRO the court must be satisfied that:

• A family member has committed family violence or damage against you or another family member and it is likely that this will happen again;
• Even if there hasn’t been family violence yet, you or a family member has reasonable grounds to fear that a family member will commit family violence or damage against you or a family member;
• You are over the age of 16;
• You are the parent or guardian of a child under the age of 16;

A restraining order can stop a person doing certain things like:

• Being within a certain distance of the protected person
• Attending or being near the home or workplace of the protected person
• Forms of communication, either directly or indirectly through another person
• Contacting you or trying to contact you in any way, including texting, ringing, and on any social media platforms

If the person who is bound by the order does something that the FVRO says that can’t do, they are breaching the Order.

Any person in a family relationship with another person can apply for an FVRO if there has been family violence and they need protection.

Recognised family relationships include:

• intimate partners
• parents
• children
• extended family (for Aboriginal families)

Family and Domestic Violence can take many forms and sometimes people don’t even know that it is happening. We can assist you prepare an application for a FVRO and can apply to the Court for an interim FVRO while we guide you through the process.

If the other party (your partner or family member) opposes the making of a final FVRO, we will assist you at a court hearing. To successfully obtain a FVRO, we need to show the court that the person has committed an act of abuse against you or they make you fear that they will commit an act of abuse against you.