Family Law Proceedings and Protection Orders
Recent changes to the Family Law Act 1975 are designed to offer better protection for adults and children affected by family violence. These changes reflect growing recognition of the complex dynamics of abuse and aim to ensure that the safety and wellbeing of children and victim-survivors are given paramount importance in family law decisions. If you or someone you know is going through separation and experiencing abuse or controlling behaviour, these amendments are intended to strengthen legal protections and ensure the safety of families during and after family law proceedings.
Important Changes to Family Law and Family Violence Protections
Key Changes in Family Law
In May 2024 a significant change occurred to the family law system with the removal of the presumption of “equal shared parental responsibility.” Previously, the law included a presumption that both parents should equally share in making major decisions for their children, which had to be rebutted by a party alleging the existence of family violence. That is no longer the case. Courts are now required to focus more directly on what arrangements are safe and in the best interests of the child, without any automatic presumption about shared decision-making.
Commencing June 2025 the legal definition of family violence has also been expanded. It now includes a wide range of abusive behaviours, not just physical violence, but also emotional abuse, financial control, intimidation, stalking, and other forms of coercive control. These behaviours are now more clearly recognised by the law as harmful and relevant when the court is making decisions about parenting and property matters.
What Are Protection Orders?
If you or your children are at risk, there are legal options available to help keep you safe:
- In Family Law: You can apply for injunctions under the Family Law Act, which can restrict a person from contacting or coming near you or your children. These are often sought alongside parenting orders and are enforceable through the Federal Circuit and Family Court of Australia.
- In Criminal Law: Each state and territory offers Protection Orders (also known as Domestic Violence Orders, Apprehended Domestic Violence Orders (ADVOs) in NSW, Intervention Orders, or Family Violence Orders). These Orders can include conditions such as no contact, exclusion from the family home, or restrictions on approaching certain locations. Breaching one of these orders is a criminal offence and can lead to arrest and prosecution.
It’s also important to know that a protection order and a parenting order can operate at the same time. However, if there is any inconsistency, the family law parenting order will usually override the protection order, unless the Court says otherwise. That’s why it’s essential to get legal advice to make sure you and your children are properly protected.
These changes are a major step toward improving safety in the family law system. If you are experiencing family violence, or are unsure about your legal rights, please contact Dorter Family Lawyers and Mediators on (02) 9929 8840 where we can arrange for a confidential discussion.
