Project Description

Family Violence & Protection Orders

Family Violence And Protection Orders

The Family Law Act 1975 and the NSW Crimes (Domestic and Personal Violence) Act 2007 provide a range of (somewhat different) ways for the Courts to address and deal with family violence.

The Family Court of Australia and The Federal Circuit Court of Australia are committed to ensuring that issues about family violence are addressed promptly and with priority in matters concerning children.

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    In NSW, a person who has experienced domestic violence is entitled to protection. Children who have experienced or who are at risk of exposure to domestic violence are also entitled to protection.

    The Police should be called in any circumstances where you or your children feel threatened or unsafe. Protection Orders from the Local Court can be obtained swiftly.

    In the Family Court of Australia or the Federal Circuit Court of Australia, a Family Violence Order can be sought to provide similar protection.

    From June 2012 amendments to the Family Law Act concerning family violence came into effect. These reforms include broadening the definition of family violence to include behaviour relating to financial control.

    Protection Orders and Domestic Violence Orders can provide that a person must not:

    • Abuse or demean another person;
    • Assault, harass or intimidate a person;
    • Limit the circumstances and terms of any communication between the parties.
    • Stop a person from coming near your home or where you work;
    • Direct an individual to give up their firearms.

    The Family Court of Australia or the Federal Circuit Court of Australia also have the power to order injunctions. These may restrain behaviour and also provide for one person to live in, and make use of the home, where both once lived as a couple. This can be short-term or longer term.

    Family violence is a ground upon which a person may be excused from attending mandatory Family Dispute Resolution about their children. Because the main objective of the Court in children’s matters is the best interest of the children, protecting a child from family violence is a primary consideration for the Court.

    If you are concerned about your safety and are about to start, or are involved in Court proceedings, the Court also offers protective services, including:

    • Security guards at court;
    • Separate Conference facilities/rooms; and,
    • Video hook up for giving evidence.

    If you have immediate concerns about your safety or for your children, contact the Police. They may provide additional information and referral to other services and may assist you in applying to the Local Court for Domestic Violence or Protection Orders.

    Need to find out more about family violence and the support services on offer?
    Go to the Domestic Violence Crisis Service

    Family Law Accredited Specialist
    • Specialist Accreditation is a structured peer to peer assessment process enabling legal practitioners to be recognised for their expertise.
    • To be accredited specialists must pass a series of meticulous assessments on both legal knowledge and its application in practice.
    • To retain their accreditation specialists must undertake significant additional professional development in their area of expertise each year.


    02 8761 6400

    John & Co Lawyers | Fairfield Lawyer | Variety of Practice Areas

    “I would just like to thank you for your hard work and understanding during a very stressful time for myself.I cannot thank you enough for the work and advice you provided.My assault and stalking and intimidation charges were heard by the Magistrate at Liverpool Court yesterday, Tuesday 16th. I pleaded guilty to the assault with the stalking being dropped prior by way of representations made by you. The Magistrate seen through the bullshit supplied by the Police facts sheet and I am happy to say no conviction was recorded. He stated it was “a molehill turned into a mountain by police”.John I would just like to say your professionalism on both of my criminal and family law matters was outstanding. I would go so far as to say its the best service I have ever had. Keep up the good work!!!”
    Josh P.

    John & Co Lawyers | Fairfield Lawyer | Variety of Practice Areas

    “I found John & Co lawyers to be there when I needed them. They were very quick to return my calls and emails which came about at random times. The team were very experienced and had high technical knowledge in family law that was required throughout the process. John will defend you and give you that encouragement to fight for your rights when you have lost all will power to defend yourself. John was very tough to stand up to the other side whilst achieving great results for my daughter and I. I highly recommend their services.”
    Nikky R.

    John & Co Lawyers | Fairfield Lawyer | Variety of Practice Areas

    “Highly recommend this law firm to anyone injured! John is the best personal injury lawyer. He is exceptionally knowledgeable in the law. He always kept me well informed and was readily available to answer all of my questions. John represented me for my workplace injury. From the very beginning I felt his genuine concern for my wellbeing and it showed throughout the case as he always returned my calls and explained the process step by step. My case settled in November 2018 for $690,000 clear in my hand. John & Co Lawyers gave me my life back, and for that I am forever grateful. John & his team are great lawyers, very professional and, made the process seamless for me.”
    Nenad A.

    John & Co Lawyers | Fairfield Lawyer | Variety of Practice Areas

    “I was absolutely astounded by the service provided by John and co lawers.  John went above and beyond to extend additional help with my case. Johns experience is second to none, His professionalism and sound advice was just what was needed. I would highly recommend his services to anyone with pressing family law matters. His warm personality made me feel like part of the family, as I could easily dissus any finer details with my case and he would take into consideration. If I have any cases in future he will be my first choice. Thanks again John your service is Highly appreciated. God bless you. 5 stars.”
    Shane T.