Family Violence Orders

Under the Family Law Act 1975, family violence is defined as ‘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’ as well as behaviour that causes a child to hear, observe, or otherwise experience family violence.  Family violence includes behaviours such as:

  • Assault (physical, sexual, or otherwise);

  • Stalking;

  • Repeated or continuous disparaging taunts;

  • Intentional destruction of property;

  • Intentionally injuring or causing the death of an animal;  

  • Unreasonably denying a family member financial independence;

  • Unreasonably withholding from a family member the financial support they require to fulfil their living expenses;

  • Isolating a family member from their family, friends or culture; or

  • Unlawfully depriving a family member or their family of their freedom.

There is growing awareness and recognition by the Courts of what behaviours constitute family violence and the long-lasting impact that it can have on affected persons, including both adults and children. The ACT Magistrates Court and the Family Law Courts have the power to issue Orders in favour of affected persons to prevent further experiences of family violence.

Orders made by the ACT Magistrates Court can prohibit a parent from engaging in abusive or harassing behaviour, coming within a certain distance from another parent, or contacting another parent, except in particular circumstances, such as facilitating changeovers or discussing the health and wellbeing of the children. Orders issued by the Family Law Act can make, vary, or suspend an interim family violence order, or restrain a parent from engaging in family violence against another parent or a child.

At R+M Law, our solicitors are adept at navigating both court systems and can advise you through each stage of the process.

If you require specialist advice about family violence orders and your options, please contact us to make an appointment with our experienced team. You can contact R+M Law to arrange an appointment on (02) 6225 7040, by email on info@rmfamilylaw.com.au or click the bleow button to get started today.

Frequently Asked Questions

  • A family violence order (FVO) is a court order that prohibits a person from engaging in specified behaviours — such as assault, threats, stalking, harassment, or unwanted contact — toward another person in a family or domestic relationship. Getting legal help matters because: a lawyer can help you understand which court to apply to, prepare the strongest possible application, gather evidence, and represent you at the hearing. Without a lawyer, many applicants do not present their case as effectively as possible. R+M Law assists clients urgently with family violence order applications in Canberra and the surrounding region.

  • Under the Family Law Act 1975, family violence includes: physical or sexual assault; stalking; repeated or ongoing verbal abuse and humiliation; intentional destruction of property; harming or threatening to harm pets; financial control or withholding money for basic living expenses; isolating a family member from family, friends, or their cultural community; and exposing a child to any of the above. Courts are increasingly recognising the broad range of behaviours that constitute family violence.

  • In the ACT, you can apply for a Family Violence Order at the ACT Magistrates Court. You do not need a lawyer to apply, but legal representation significantly strengthens your application. Police can also apply on your behalf and can issue an Emergency Protection Order (EPO) immediately in urgent situations. R+M Law can assist you in preparing and filing your application, gathering evidence, and representing you at all court appearances. Contact us on (02) 6225 7040 for urgent advice.

  • In the ACT, a Family Violence Order (FVO) is made by the ACT Magistrates Court under the Family Violence Act 2016. In NSW — including Queanbeyan and Yass — a domestic violence order is called an Apprehended Domestic Violence Order (ADVO), made by the NSW Local Court. While the terminology differs, both orders serve the same protective purpose. R+M Law's solicitors are experienced in both ACT and NSW jurisdictions and can advise which court and process applies to your circumstances.

  • Yes — and navigating both types of orders simultaneously is complex. A family violence order may restrict contact between parents, but the Federal Circuit and Family Court of Australia may still make parenting orders that allow limited contact for the purpose of facilitating children's time with both parents. The court must carefully balance child safety with the value of relationships with both parents. R+M Law advises clients on how family violence orders and parenting orders interact, and represents clients in both court systems.

  • Breaching a family violence order is a criminal offence in both the ACT and NSW and can result in fines, community service, or imprisonment. If you are a protected person and the order is breached, contact police immediately. If you are subject to an order and are uncertain about what the order allows — for example, around communication about children — seek legal advice from R+M Law before taking any action that might be construed as a breach.

  • Evidence can significantly strengthen your application, though it is not always strictly required. Useful evidence includes: a detailed written record of incidents (dates, descriptions, and any witnesses); text messages, emails, or social media communications; photographs of injuries or property damage; police reports; medical records; and statements from people who witnessed the violence or its effects. R+M Law helps clients identify and organise the evidence available to them and prepare the most compelling application possible.

  • If you have been served with a family violence order application, you should:
    (1) Read the order carefully and comply with all conditions immediately — breach is a criminal offence.
    (2) Do not attempt to contact the protected person to discuss the matter. (3) Seek legal advice immediately. You have the right to contest the application at a court hearing. R+M Law advises respondents to family violence order applications on their rights and options, including how to respond to contested applications.

  • R+M Law treats family violence matters as urgent. We aim to provide prompt appointments for clients experiencing or responding to family violence situations. In an immediate emergency, always call 000 first. For urgent legal advice, call us on (02) 6225 7040 or email info@rmfamilylaw.com.au. We serve clients in Canberra, Queanbeyan, Yass, and surrounding areas.

To make an appointment please telephone (02) 6225 7040 or send enquiry