Know Your Rights
Understand your legal rights, the new 2024 family violence reforms, and how to protect yourself and your children from a system that can be weaponised against you.
If you are in danger right now
Call 000 immediately. For crisis support call 1800RESPECT (1800 737 732) — available 24/7. You are not alone.
What is Family Violence?
Under the Family Law Act, family violence means violent, threatening or other behaviour that coerces or controls a family member, or causes them to be fearful. It includes physical, emotional, psychological, economic and digital abuse — as well as coercive control.
Your Protections
- Courts must prioritise child safety above all else
- Family violence history is mandatory consideration
- Orders can be made without the other party present
- DVOs are automatically recognised nationally
- Courts cannot expose you to your abuser without safeguards
Document Everything
- Keep a dated diary of every incident
- Screenshot messages, emails, social media
- Save voicemails and record dates/times
- Get medical records for any injuries
- Ask schools and doctors to document observations
- Report incidents to police, even if no charge is laid
Your Rights in Family Court
You have the right to be heard by an impartial judge who has no conflict of interest.
You have the right to present your evidence and respond to evidence filed against you.
You have the right to know the case against you in advance of the hearing.
You have the right to request an adjournment if you have not had adequate time to prepare.
You have the right to request that a judge recuse themselves if you have evidence of bias.
You have the right to request reasons for any decision that significantly affects you.
Children have the right to have their wishes considered, weighted by age and maturity.
You have the right to apply for a costs order if the other party engages in unreasonable conduct.