Legal Information
Legal Information
Domestic and family violence are crimes under the law. These include threats, stalking, physical assault and sexual assault by people who share a domestic or family relationship with you. A domestic relationship includes married or de facto couples, ex-partners, a relative or anyone living in the same house.
In NSW, all domestic and family violence crimes are dealt with under the Crimes (Domestic and Personal Violence) Act 2007 and Part 3 of the Crimes Act 1900.
Everyone, regardless of their age, ability, ethnicity, cultural, gender, sexuality or religion, has the right to protection under the law.
Legal protection and safety
If you are experiencing or at risk of domestic and family violence, the Police and the Courts can take steps towards ensuring your safety. These include:
Removing the violent person from your home or other location;
Taking out an Apprehended Domestic Violence Order (ADVO) on your behalf; and
Investigating breaches of an ADVO. Any breach of an ADVO is considered a serious crime.
Section 14 of the Crimes (Domestic and Personal Violence) Act 2007 makes it an offence to breach a condition of an AVO, which carries a maximum penalty of 2 years’ imprisonment or a $5,500 fine or both.
What is an ADVO?
An ADVO is an Apprehended Violence Order (AVO) where parties have been in a domestic relationship.
An AVO is a written order made by the Court that stops the violent person from going to certain places and doing certain things that causes someone to fear for their safety. For example, the violent person will be ordered to stop assaulting, threatening, stalking, harassing or intimidating the person who fears for their safety.
An AVO can be made to suit your personal situation to ensure the best possible protection for you and anyone else that needs to be protected. Children can be included in an AVO if needed.
Where can I get help with an ADVO?
If you have any general questions about an ADVO, you can contact:
Your local police station
Law Access on 1300 888 529
NSW Domestic Violence Line on 1800 656 463 (available 24/7).
Women’s Domestic Violence Court Advocacy Services on 1800 938 227
If you would like specific legal advice about an ADVO, you can contact:
Legal Aid Domestic Violence Unit on 9219 6300
South West Sydney Legal Centre on 02 9601 7777
Marrickville Legal Centre on 02 9559 2899
Women’s Legal Service on 02 8745 6999
What if there are children involved?
If there are children involved, you may need to think about parenting arrangements or care and protection of that child. For example, certain parenting arrangements may need to be put in place if your children are experiencing or at risk of domestic and family violence.
Children and family violence
Under the s4 of the Family Law Act 1975 (Cth), abuse (in relation to a child) includes causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence.
Family violence includes violent, threatening or other behaviour by a person that forces or controls a family member, or causes the family member to be fearful. A child is exposed to family violence if the child sees or hears family violence or otherwise experiences the effects of family violence.
Care and protection
Child protection is about keeping children safe and deciding whether a child needs care or protection. Care and protection law matters are different from Family law matters. Family laws are the same across Australia. Care and protection laws vary between States and Territories.
In NSW, the NSW Department of Communities and Justice (DCJ) have the responsibility for the safety and well-being of children within NSW. If necessary, DCJ may assist in protecting a child from abuse or further harm, which may mean removing the child from their home. The Children’s Court makes the final decision about the removal of children.
Care and protection law matters are different from Family law matters. Family laws are the same across Australia. Care and protection laws vary between States and Territories.
Parenting arrangements
When a relationship breaks down, parents may need to discuss appropriate parenting arrangements for the care of their children, including who can make decisions about the children (“parental responsibility”) and who the children should live with and/or spend time with.
The best interests of the child should always be the most important consideration when deciding parenting arrangements. While the law recognises that it is important that the child should have a meaningful relationship with both parents, greater weight must be given to the need to protect the child from family violence.
Section 60CC of the Family Law Act 1975 lists all of the ways that a court will decide what is in the best interests of a child.
Getting help
If you have any general questions about family law or care and protection law, you can go to the Law Access website or contact them on 1300 888 529.
If you would like specific legal advice about family law and care and protection, you can contact:
Legal Aid on 1300 888 529 or your local Legal Aid office
Women’s Legal Service on 02 8745 6999
South West Sydney Legal Centre on 02 9601 7777 (family law only).
Marrickville Legal Centre on 02 9559 2899 (family law only)
What other support is available?
Victims Services NSW offer further support to victims of a crime, including victims of domestic violence and family violence. This support includes:
Counselling;
Financial assistance for immediate needs, including the Immediate Needs Support Package (INSP).
The INSP is specifically for helping victims of domestic violence to meet their immediate needs following an act of violence. For more information on the INSP, click here;Financial assistance for economic loss; and
Recognition payment (a lump sum payment to acknowledge the trauma that the victim suffered).
For a quick guide to the Victims Support Scheme, click here.
If you have general questions about Victims Services NSW, you can go to their website or contact their Victims Access Line on 1800 633 063.
If you need further legal advice about victims’ services applications, you can contact:
South West Sydney Legal Centre on 02 9601 7777
Women’s Legal Service on 02 8745 6999
Marrickville Legal Centre on 02 9559 2899
Keeping a record of the domestic violence
You should always keep a record of all acts of violence against you. You may need this evidence later on, for example, for an ADVO or Victims Support application.
Evidence might include:
• Keeping a diary of incidents (including date, time, place and what happened)
• Medical (e.g. doctor or hospital) reports of injury or distress suffered
• Photos or video of any physical injury to you or damage to any property
• Evidence from someone who saw or heard the violence.
Other resources
If you have been sexually assaulted or raped, a NSW Health Sexual Assault Services can provide support and help you if you decide to report it to the police. You may also consider completing the Sexual Assault Reporting Option (SARO) online questionnaire anonymously by clicking here.
For more information about domestic violence law, visit Family violence law or NSW Police.