Personal safety
Family violence is a serious social issue that affects everyone in a family - children, parents and other members of the extended family.
The Family Court and Federal Magistrates Court take family violence very seriously. The Courts are guided by the following principles in responding to family violence concerns:
- safety is a right and a priority for all who attend and work at the Courts
- family violence affects everyone in a family, including children
- family violence can occur before, during and after separation and it may affect the ability of people to make choices about their family law matter and to take part in court events
- the Courts have a particular concern about the immediate and possible longer term adverse impacts on children who experience or witness family violence, and
- even if children do not directly witness the violence, they are often very aware of it.
In providing help, court staff do not make a judgment about whether family violence has occurred or not. Their aim is to ensure that all clients feel safe when coming to court.
Do you have fears for your safety?
If you have fears for your safety or that of your children, regardless of whether you are attending the Family Court or Federal Magistrates Court, you should contact the police.
If your fears are immediate, ask for urgent help and tell the police if there are guns or other weapons involved. The police are equipped to respond quickly and appropriately.
Most police departments have trained family violence officers who can put your case into a state or territory court and get a family violence order (also called protection, domestic violence or apprehended violence orders) for you. Once such an order is made, the police will respond to and deal with breaches of it.
Do you have fears about attending a court appointment?
If you have any fears about attending a court appointment at the same time or in the same room as your former partner, please tell the Court you are attending as soon as possible. There are safe rooms available in many registries and provision can sometimes be made for separate entry and exit points. You may be able to attend by phone or by video.
Safety measures vary in registries. For full details of what is available, either call the Courts on 1300 352 000 or (if you have been given their number) the person directly managing your case. Do this before attending so arrangements can be made.
Support person or friend
At a conference or other court appointment
If you are not legally represented, you may have a friend or support person attend a Court conference or other court appointment with you. The extent of a support person's involvement in the conference/appointment will be at the discretion of the registrar or family consultant conducting the conference/appointment.
At a hearing
If you have a friend or support person with you, they may sit at the back of the courtroom. Children and young people under 18 are not permitted in the courtroom.
During a hearing, parties who are not legally represented will normally be allowed to have a support person sit with them. The extent of the support person's involvement in the hearing will be at the discretion of the judicial officer.
You must tell the Courts about family violence
You must tell the Courts of any relevant family violence orders as they may affect the court orders, particularly orders about a child spending time with a parent or other person. The Courts must make sure that orders do not expose people to family violence.
If you do not tell a court about a family violence order, it may unknowingly make a parenting order that may put the person who has been granted the family violence order at risk of violence.
When a court knows about a family violence order, it can make parenting orders that take the order into account. For example, it can arrange for an independent person to be present during hand-over times or order that the time the child spends with a parent or other person takes place at a children's contact centre.
Information on the Family Violence Strategy
More information can be found in the Family Law Courts publication ‘Do you have fears for your safety when attending court’ under the Publications section of this website, by calling 1300 352 000 or visiting a family law registry near you.
The Women's Safety After Separation and Mensline websites provide useful information.
Getting help
ACT
- Domestic Violence Crisis Service (24 Hours)
02 6280 0900
NSW
- Domestic Violence Line
1800 656 463
NT
- Darwin Sexual Assault Referral Centre (24 Hours)
08 8951 5884 - Darwin Domestic Violence Counselling Service
08 8945-6200 - Lifeline Top-end
131114 - Alice Springs – Women’s’ Shelter
08 8952 6075
QLD
- Brisbane Domestic Violence Advocacy Service
07 3217 2544 - D V Connect
1800 811 811
SA
- Domestic Violence Crisis Service (24 Hours)
1300 782 200 - Domestic Violence Helpline (24 Hours)
1800 800 098
TAS
- Family Violence Referral Line (24 Hours)
1800 633 937
VIC
- Women’s Crisis Service Victoria
1800 015 188 - The Men’s Referral service
1800 065 973
WA
- Women’s DV Helpline (24 Hours)
08 9223 1188 or 1800 007 339 - Men’s DV Helpline (24 Hours)
08 9223 1199 or 1800 000 599
NATIONAL
- Mensline
1300 789 978 - Police
000 - National Domestic Violence Counselling Service
1800 200 526