Orders to help keep you safe
How can a Family Violence Restraining Order help keep you safe?
If you are worried about your safety and want a current or former partner or another family member to stop doing certain things - for example, stop them from approaching you, coming to your house or calling/texting you, then you may wish to consider applying for a Family Violence Restraining Order (FVRO).
You can make an application to the Magistrates Court or the Children's Court for an FVRO and then the court will carefully consider your application and decide whether there are grounds to make an FVRO.
If an FVRO is breached by the person bound by the order:
- it can be enforced by the police, and
- it is a criminal offence and serious penalties apply including imprisonment in some cases.
For more information about FVROs for adults or children visit Restraining orders
Can the Family Court make orders to help keep you safe?
Yes. If you have a case in the Family Court, you can also ask the Family Court to make an FVRO against another party in the case (or any other person who gives evidence during the court case). The Family Court will carefully consider your application and decide whether there are grounds to make an FVRO.
The Family Court can also make personal protection injunctions. Personal protection injunctions are orders made by the Family Court that restrain another person from doing certain things. The Family Court has the power to make injunctions for the protection of children, a parent or someone else involved in the child's life. For example, an injunction to restrain someone from removing the children from your case, restraining someone from attending the children's school or restraining someone from consuming drugs or alcohol while spending time with the children.
It is not a criminal offence if a person breaches a Family Court personal protection injunction and the police will not usually get involved. If a person breaches an injunction, you can apply to the Family Court to deal with the breach and the court may impose penalties.
Can the Children's Court make orders to help keep you safe?
Yes. If you have a child protection case in the Children's Court you can ask the Children's Court to make an FVRO against another party in the case (or any other person who gives evidence during the court case). The Children's Court will carefully consider your application and decide whether there are grounds to make an FVRO.
Reviewed: 14 April 2020