Family Violence Act 2018, s 59

The key form of protection under the family violence laws is the Protection Order – a formal court order granted by the Family Court (or by the Criminal Courts in some cases).

This is the main way family violence laws try to protect victims of family violence and their children from future violence and abuse. The order names the person who has been violent or abusive (called “the respondent”), and says they must not be violent or abusive towards the person who applied for the order (“the applicant” – that’s you) or the applicant’s children. The order will also put various other conditions on the respondent about things they have to do or are not allowed to do.

For more information, see: “Applying for a Protection Order: Long-term protection against family violence” and “What a Protection Order does”.

Another very common form of protection provided by the Family Violence Act is Police Safety Orders. These provide immediate, short-term protection for people at risk from family violence. They’re issued by the police “on the spot” – the courts aren’t involved.

A PSO means that the person who’s been violent or abusive must leave the home and stay away from you for up to five days.

Family Court Act 1980, s 12BSenior Courts Act 2016, s 169ADistrict Court Act 2016, s 216A

“Litigant abuse” is when someone involved in court proceedings harasses, annoys, harms, or psychologically abuses another party to the proceedings (for example, if a parent in a custody dispute before the courts was threatening the other parent). In considering whether someone is committing litigant abuse, judges must taken into account a number of things, including the person’s behaviour in court and any actions outside court intended to harass, annoy or harm the other party or would constitute psychological abuse of other party. Litigant abuse can also include the use of the court process itself as a form of abuse (for example, launching court proceedings simply to make the other person’s life difficult).

The following courts have specific powers under legislation to deal with litigant abuse:

• the Family Court
• the High Court
• the District Court (but only when it dealing with matters that could otherwise be dealt with in the Family Court).

If the court is satisfied that litigant abuse has occurred, it can make an order requiring the party to get the court’s consent before:

• taking further steps in the existing proceedings,
• taking further steps in related proceedings in various areas of family law, and/or
• beginning or taking subsequent steps in new proceedings in various areas of family law.

An order will usually last for up to three years, but can be extended to five years in extraordinary circumstances. The courts can make an order on their own initiative or if one of the parties to the case applies for one. Legal aid may be available to apply for an order.