Protection is available by way of an Intervention Order though the Magistrates’ Court, or a Family Violence Order through the Family Court.
The Magistrates Court can make Orders that order a person not to assault, molest or denigrate a person and can make Orders that restrain a person from being anywhere near your place of residence or place of employment and can Order the surrender of firearms if necessary the Family Court can also order injunctions allowing one party the sole use and occupation of the former matrimonial home on an interim or final basis.
Family Violence is a ground upon which a party may be excused from the requirement of attending compulsory Family Dispute Resolution in relation to children’s issues. Family Violence is also a factor taken into account when making a parenting Order, as one of the objects of the Court is to ensure the physical and psychological welfare of children.
If you are involved, or soon to be involved in family law proceedings, the Courts offer protective services if you are concerned about your safety whilst at Court. The services offered include separate rooms for a Conciliation Conference, presence of security whilst you are in Court and video link up rather than in person appearance of a party.
If you are in immediate danger it is recommended that you contact the police, who will then be able to provide you with further information and may assist you to obtain an Intervention Order.
