Family violence and child protection

What you need to know

Family violence and intervention orders

If you are in danger now, call 000. A family violence intervention order is a court order that sets rules to keep a family member safe. You can apply yourself at the Magistrates' Court, or police can apply for you.

We give free legal advice to people applying for an order and to people responding to one. We never act for both people in the same matter.

• If you are in danger, call 000. Safe Steps is open 24 hours on 1800 015 188.
• Family violence includes emotional, economic and controlling behaviour, not only physical harm.
• If you are 18 or over, you can apply online at the Magistrates' Court without going to court.
• Conditions start as soon as police serve the order, and breaking one is a criminal offence.
• A respondent can agree to an order without admitting the allegations.
• An intervention order can change or suspend family law parenting orders.
• Specialist Family Violence Courts sit at 13 Magistrates' Court venues.

Child protection

If a child is in danger now, call 000. When Child Protection contacts your family, what you do early can make a real difference. If they go to the Children's Court, a magistrate decides where your child lives.

We give free legal advice to parents and carers responding to Child Protection, from the first phone call to court.

• Without a court order, you do not have to do what Child Protection asks, but they can start a court case.
• You do not have to sign a voluntary agreement. Ask for time and get advice first.
• If your child is taken into emergency care, the court must hear the case within one working day.
• Parents are automatically parties in the Children's Court and can get a free duty lawyer on the first day.
• Children aged 10 or over usually have their own lawyer.
• For Aboriginal children, the Aboriginal Child Placement Principle must be applied.

How we can help

Family violence and intervention orders

• Advice on applying for a family violence intervention order, and the conditions to ask for
• Advice for respondents on your options, including consent without admissions and contesting
• Help preparing your application, your statement and your documents for court
• Help preparing for the first mention and contested hearings
• Advice on how an intervention order affects parenting arrangements and family law orders
• Advice on changing, extending or appealing an order
• Advice for people who are not eligible for legal aid
• Representation at court where we have capacity

Child protection

• Advice for parents responding to Child Protection allegations
• Advice before you sign a voluntary agreement or child care agreement
• Help preparing for Children's Court hearings and conciliation conferences
• Help gathering evidence of the steps you have taken
• Advice on the type of protection order sought and what it means for you
• Advice for parents who are not eligible for legal aid
• Representation at court where we have capacity