When relationships break down, allegations of family violence often have serious and long-standing consequences and family law proceedings. It is all too common for parties negotiating parenting arrangements, a property settlement, or seeking to commence proceedings in the Federal Circuit and Family Court of Australia to also have an Apprehended Domestic Violence Order (ADVO) against one of the parties to the relationship.

The answer to ‘who stays in the family home after separation’ is not always straightforward. Under Australian family law, both partners generally have the right to remain in the property—even if it’s in one person’s name. Short-term solutions like living under the same roof or adopting a nesting arrangement can help, but safety and wellbeing should always come first. If you can’t reach an agreement, the court may issue exclusive occupation orders to resolve disputes.