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Prepare to leave an abusive relationship

Planning is important whether you decide to leave or stay, this page provides practical advice and resources to help you plan effectively. Remember you deserve to feel safe and supported.

1A.

Use Yourtoolkit.com safely

How to use Yourtoolkit.com

Yourtoolkit.com provides you with the support and resources you need to navigate and overcome the challenges of family and domestic violence. Your safety is the highest priority, so we’ve designed our site to help you access the information you need discreetly and securely.

  • Quick exit button: Browsing for help online can be risky if your partner is nearby. We have included a Quick Exit button at the top right corner of every page of Yourtoolkit.com. This button lets you leave the site immediately and redirects your browser to a neutral page.
  • We don't collect cookies: Our website won’t keep your personal information or any history of use in our database. However, your internet browser will record your activity—make sure to clean your browser history or browse incognito.

Cleaning browser and internet history

A browser or internet history is an automatic log on your computer that records each page you visit on the internet. It can be viewed via your internet settings to monitor your previous device and internet usage. Use these safe device practices to regularly clean and maintain privacy over your browser and internet history:

  • Use private browsing: Private browsing, or incognito mode, is an option of your internet settings that limits storing or tracking of your internet usage. You can turn this setting on from your mobile, desktop, or laptop browser.
  • Clear history and cache: Clearing your internet history can remove any record of online activity that could cause aggravation. Generally, the steps to do this are as follows:
    1. Find the settings button of your internet browser. It might look like a gear or three dots, on the far top right hand side of your screen.
    2. Select history from the settings menu to open your browser history.
    3. Select the pages or time frame you'd like to delete and confirm by pressing the delete button.
    4. Close all the pages left open on your device that you don't want to be recorded.
    5. Refresh the internet history page and check that the history doesn't create suspicion.
    6. It's a good idea to delete only the pages required, and if necessary create a fake history by visiting safe websites, like grocery or department stores, if you need to explain why you used the computer later.
  • Other safe device practices:
    1. Use a browser different from your partner's so that they will be less likely to check i.e Use Google Chrome on an iphone, rather than the safari internet app.
    2. Rememer your browser settings can be recorded across devices. If you're logged in on your laptop and visit a site that could cause aggrevation, it might also be recorded on your phone. Use incognito mode or delete your broswer history on both devices to avoid this.
    3. Asking a trusted friend or family member, or using a public computer might be the safest option.

For further instructions on internet history, see Technology Safety Australia.

1B.

Assess your safety

Personal safety assessment

Considering your personal safety can help you identify potential dangers. Consider the following and take action based on what you believe is most appropriate to protect yourself. Remember you are always the best judge of your situation and how you choose to respond.

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If you are in immediate danger and have experienced behaviours including:

  • Threats of physical violence
  • The abuser has access to weapons or has threatened to use them
  • Abuse is happening more often or gets worse each time
  • The abuser has expressed intent to harm or kill
  • You are in an isolated place with the abuser, including your home or place where there are no witnesses to violence

Action: Call emergency services immediately (Triple zero or 000 in Australia), and:

  1. Follow your safety plan if prepared.
  2. Leave the house or place where the violence is happening, if possible.
  3. Text a trusted friend or family member to call the police or intervene safely.
  4. Attract attention from neighbours.
  5. Seek refuge at a local domestic violence shelter (See Service Directory).
  6. Call domestic violence services (See Service Directory).

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If you are not in immediate danger but feel that violence could escalate, including:

  • Increased control and monitoring by the abuser
  • Verbal threats or intimidation
  • Being stalked or followed at work, home, or social places
  • Unpredictable behaviour by the abuser
  • Feeling emotionally overpowered by the abuser

Action

  1. Prepare a detailed safety plan and pack a go-bag with essential items.
  2. Tell a friend or family member.
  3. Change the locks or take physical precautions to increase safety at home.
  4. Use your personal devices securely so the abuser cannot monitor them.
  5. Safely collect evidence of abuse.
  6. Research domestic violence resources to learn more, including reading Yourtoolkit.com

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If you feel relatively safe but are concerned about the possibility of future violence. You may have experienced:

  • Past incidents of violence with no recent occurrences
  • Manipulative behaviour but no immediate threats by the abuser
  • Fear about the potential retaliation if the relationship ends

Action: Focus on maintaining your safety and building long-term stability, and:

  1. Build your financial independence, including personal financial planning.
  2. Secure legal protection, including understanding the separation process and what you need to maintain your quality of life. 
  3. Access counselling services for emotional support.
  4. Work on building your self-confidence. Remember you are not alone. Support and resources are available to help you navigate this journey.

1C.

Make a safety plan

Personal safety plan

Safety Plan Template

A safety plan is your exit strategy. Prepare a plan in advance, either as a mental note or in writing, even if you are unsure you want to leave. Sharing this plan with children is essential if you need to go at short notice.

What to Include in a Safety Plan:

  1. Emergency bag: Store an emergency bag in a secure spot by your car or with a friend or family member. The bag should include:
    1. Copies of essential documents
    2. Identification documents, such as driver’s licence or passports
    3. A purse with cash, any debit and credit cards
    4. Prescriptions or medications
    5. A change of clothes and personal hygiene items
    6. A spare key to the house and car
    7. A phone charger
    8. All of the above for any children plus comfort items such as toys
  2. Emergency contacts: Save emergency phone numbers on your mobile device and write them in your emergency bag. Include trusted friends, family, and local support services.
  3. Code word: Establish a code word that tells a friend, family member, or neighbour that you feel unsafe and need assistance.
  4. Exit pathway: Plan your exit pathway for leaving the house, including which door is the best to use and whether you need any keys to unlock doors. Ensure you have access to car keys and keep fuel in the car.
  5. Children’s safety: Discuss the plan with children in an age-appropriate way. Practise what to do and where to go if an emergency occurs. Ensure they know not to get involved in the altercation but to follow the plan. Prepare a safety plan for your child.
  6. Digital safety: Be prepared to turn your devices off and disconnect from online accounts that could be used to track your whereabouts. Be cautious with social media to avoid sharing your location or plans.
  7. Safe places to go: Identify safe places in an emergency, such as friends or family members' homes, shelters, or community centres. Know the address and contact details of these places.
  8. Ask neighbours for Help: Ask neighbours to call the police (Triple zero 000) if they hear arguments, yelling, or loud noises.
  9. Communication plan: Plan how to communicate with friends, family, and employers after you leave. Consider setting up a new email account or phone number.
  10. Emergency funds: Set aside emergency funds, even if small, and keep them in a separate account or with a trusted friend or family member. Remember, if your EFTPOS cards are linked to a shared bank account, your partner can track your location through bank statements.

Regularly review and practise your safety plan to ensure you and your children are familiar.

Resources:

Safety plan for children

Kids Safety Plan Template

It may help to have an age-appropriate discussion with children in response to experiencing domestic abuse. This might include:

  1. Communicating the safety plan: Talk to your children about the safety plan in a way they can understand. Regularly practise the safety plan with your children to familiarise them with the steps and feel more prepared. You might dedicate a meeting spot where they can wait for you, like by the front door. You might discuss:
    1. A code word to let them know it’s time to start the safety plan.
    2. How to call triple zero (000) for the police or ambulance and not to end the call until the emergency service has arrived.
    3. What abuse looks like in age-appropriate language. Help children recognise when you or they might be unsafe so they can take shelter or call for help. This might help them to be able to report violence at a later time.
  2. Identifying safe places: Identify safe rooms in your home where your children can go during an incident. These rooms should have locks and, ideally, a phone. If this is unavailable, discuss how children can leave the home to visit a trusted neighbour’s or a nearby relative’s house.
  3. Identify safe people: Ensure children know who they can trust and how to contact them, including family members and emergency services. Try to encourage children to memorise these people's names and phone numbers. You might also keep an emergency contact list in your child’s backpack or somewhere they can easily access.
  4. Being safe online: If you have older children who use devices or have access to internet platforms, you may need to:
    1. Monitor your children’s online presence and teach them about online safety. Ensure they know not to share personal information.
    2. Make sure your children’s devices are secure, and consider using parental controls to protect them.

Other considerations:

  1. Inform school staff about the situation and provide them with a copy of any legal protection orders. Ensure they know who is allowed to pick up your children.
  2. Develop a safety plan with your children’s school, including a designated point of contact for emergencies.
  3. Arrange for your children to speak with a counsellor or therapist who specialises in dealing with trauma. Understand your legal rights regarding custody and visitation. Seek legal advice to ensure your children’s safety is prioritised.
  4. Include your children in any protection or family violence restraining orders you obtain to ensure they are legally protected from the abuser.
  5. If you have any concerns about children in the perpetrator’s care, report those concerns to the local authorities.

Safety plan for pets

RSPCA Pet Preparation Sheet

Pets are an important part of the family, and their safety should be considered when creating a comprehensive safety plan. Abusers may threaten or harm pets as a way to control or intimidate victims. To ensure your pet’s safety, create a safety plan considering the following points:

  1. Identify temporary housing for pets, Including a friend or family member's house, pet shelters or a dog boarding facility. Your local vet may have a temporary accommodation service. Unfortunately, most emergency shelters for survivors of domestic violence don't allow animals.
  2. Prepare an emergency pet kit: Include food, water, bowls, leashes, comfort items, and necessary medications.
  3. Keep copies of important documents: Such as your pet's vaccination records, microchip information and medical records. Identification documents are particularly important if you think the abuser might try to hold the animal hostage.
  4. Contact animal welfare organisations that offer support for pet owners in crisis. They may provide temporary foster care or resources.

1D.

Consider emergency services

Tips for calling emergency services

Tips for calling emergency services on Triple Zero (000)

  • Calls to Triple Zero (000) are always free
  • If using a pay phone, you do not need a coin
  • If you are using a pre-paid mobile phone with no credit, you can call Triple Zero (000), and you will be connected unless you are in a remote area with no mobile signal.
  • You can call 000 without unlocking the keypad or entering your Personal Identification Number (PIN)
  • It is not possible to contact 000 using the SMS text facility on your mobile phone

Once you are through to the Emergency Services, you may be asked:

  1. The address where the incident is taking place
  2. Your name and telephone number
  3. The offender’s name, age and date of birth
  4. If there are any weapons involved? Are you able to describe them?
  5. Are you the victim? If not, what is the victim’s name?

If you have a hearing or speech impairment and your life or property is in danger, you can contact police, fire or ambulance on 106.

  • You can only use 106 from a teletypewriter (TTY), a special text-based device or a computer with internet access.
  • Callers to 106 are asked to type PPP for police, FFF for fire or AAA for ambulance. The relay officer will then call the emergency service and stay on the line to relay your conversation. An able caller can also just say “police”, “fire”, or “ambulance” to the relay officer.
  • The 106 service can only be dialled from a TTY, it cannot be used by an ordinary phone, SMS on a mobile phone or internet relay.
  • As a TTY is connected to a fixed line, the emergency service can locate where you are calling from.

Police support and intervention

When the police attend a home in response to a domestic violence incident, their primary goal is to ensure the immediate safety and well-being of all individuals involved. Here’s an outline of what typically happens during police intervention:

  1. Police will assess the situation to determine the immediate threat or danger. 
  2. The alleged victim and perpetrator are separated to give statements.
  3. Police will look for physical evidence of abuse or struggle, including damaged property or physical injuries. This may include looking through the house.
  4. Witnesses will also be asked to give a statement.
  5. If there are injuries, police may provide immediate first aid and call for a medical assistant. They may also transport any non-critical injuries to the hospital.
  6. In some cases, the police will issue a protection order, temporarily preventing the alleged perpetrator from contacting or approaching the victim.
  7. Police will share more information about seeking legal advice or support services with both parties.
  8. Police often follow up after an incident, including visiting the house or contacting the victim.

If police attend a home where it is alleged a partner or family member is physically or otherwise abusive, they may issue a Police Order. A police order can last up to 72 hours and contains many of the same conditions included in a long-term Family Violence Restraining or Protection Order. A police order prevents the perpetrator from being within a certain distance from you or trying to communicate in any way until a longer-term Family Violence Restraining or Protection Order can be applied.

Learn more about Family Violence Restraining or Protection Order.

Police-issued Family Violence Orders or Temporary Protection Orders

In Australia, 48-hour police protection orders (also known as Police-issued Family Violence Orders or Temporary Protection Orders) are short-term, immediate protective measures issued by the police to provide safety for victims of family and domestic violence. These orders can be issued when the police attend a domestic violence incident and believe that the victim is at risk of further harm. These orders' specific rules and procedures vary slightly between states and territories.

Here’s a breakdown of how 48-hour police protection orders function across the different states and territories in Australia:

New South Wales (NSW) – Provisional Apprehended Domestic Violence Order (ADVO)

  • Description: In NSW, police can issue a Provisional ADVO if they believe the victim is in immediate danger. This order takes effect immediately and lasts until a court hearing, usually held within 48 hours.
  • Duration: While the initial order can last for 48 hours or until the next court date, the court may extend it further if necessary.
  • Conditions: Can include preventing the perpetrator from approaching or contacting the victim, staying away from their home, or surrendering firearms.
  • Process: The police can issue this order on the spot without needing a court’s prior approval.

Victoria – Family Violence Safety Notice (FVSN)

  • Description: In Victoria, police can issue a Family Violence Safety Notice (FVSN) when they believe the victim is at risk. This notice acts as an interim measure and is also the first step towards applying for a longer-term Family Violence Intervention Order (FVIO).
  • Duration: Typically lasts until the matter is heard in court, which generally occurs within 48 hours or the next available court day.
  • Conditions: May include barring the perpetrator from approaching the victim or contacting them, staying away from the family home, and conditions around the safety of children.
  • Process: Police can issue this notice immediately and without court approval.

Queensland – Police Protection Notice (PPN)

  • Description: In Queensland, police can issue a Police Protection Notice (PPN) if they believe the victim is in immediate danger. This is a short-term order aimed at providing immediate protection until a longer Domestic Violence Protection Order (DVPO) is sought through the courts.
  • Duration: Lasts until the first court hearing, usually within 5 business days, but the initial protection is immediate.
  • Conditions: The PPN may include conditions such as no-contact provisions, exclusion from the home, or requirements for the perpetrator to stay a certain distance away.
  • Process: The PPN takes immediate effect once issued by the police and does not require immediate court involvement.

Western Australia (WA) – Police Order

  • Description: In WA, police can issue a Police Order that provides immediate protection for victims of family and domestic violence. These orders are temporary and used to protect the victim until a longer-term Violence Restraining Order (VRO) is applied for.
  • Duration: Police Orders last for up to 72 hours but are generally designed for short-term protection until court intervention.
  • Conditions: May prevent the perpetrator from approaching or contacting the victim or returning to the home.
  • Process: Police can issue these orders without court involvement, and the protection begins as soon as the order is served.

South Australia (SA) – Interim Intervention Order

  • Description: In South Australia, police can issue an Interim Intervention Order when responding to domestic violence incidents. This provides immediate protection to the victim until the matter is heard by the court.
  • Duration: Typically remains in effect until a court hearing, which must occur within 48 hours or on the next available court day.
  • Conditions: May include no-contact provisions, exclusion from the home, and surrender of firearms.
  • Process: Police can issue these orders immediately, and the order is enforceable until the court reviews the case.

Tasmania – Police Family Violence Order (PFVO)

  • Description: In Tasmania, police can issue a Police Family Violence Order (PFVO) when they respond to family violence incidents. This is a temporary measure designed to protect the victim immediately.
  • Duration: Lasts up to 12 months, depending on the specific circumstances of the case, and is designed to provide immediate and medium-term protection.
  • Conditions: Can include no-contact provisions, exclusion from the home, and restrictions around approaching the victim.
  • Process: The police can issue this order without needing court involvement initially, providing immediate protection.

Northern Territory (NT) – Police Domestic Violence Order (DVO)

  • Description: In the NT, police can issue a Police Domestic Violence Order (DVO) to protect victims from further harm. This order can be put in place immediately.
  • Duration: Typically remains in effect until a court hearing can take place, usually within 48 hours.
  • Conditions: Similar to other states, the DVO may include no-contact provisions, exclusion from the home, and other protective measures.
  • Process: Police have the authority to issue the DVO on the spot, and the order remains in effect until the court determines the next steps.

Australian Capital Territory (ACT) – Family Violence Order (FVO)

  • Description: In the ACT, police can apply for a Family Violence Order (FVO) on behalf of the victim, providing immediate protection when there is a threat of harm.
  • Duration: The interim FVO remains in effect until a court hearing is held, usually within 48 hours.
  • Conditions: The FVO may include no-contact provisions, exclusion from the home, and protection for children.
  • Process: Police can apply for this order on behalf of the victim without immediate court involvement, ensuring rapid protection.

1E.

Collect important documents

Document checklist

Important Document Checklist

Collecting copies of your important documents is helpful if you have time. These documents will be useful for accessing services, securing housing, managing finances, and ensuring your legal rights. Here is a checklist of important documents:

Identification and medical documents 

  • Passports: Your and your children’s passports are vital for identification and travel.
  • Birth certificates: These are needed for many legal and financial processes.
  • Driver’s licence: Ensures you have valid identification and the ability to drive if necessary.
  • Medicare card: Essential for accessing healthcare services in Australia.
  • Marriage or divorce certificates: Important for legal proceedings, especially in cases of separation or divorce.
  • Visa/immigration papers: If you’re not an Australian citizen, ensure you have your visa or immigration documents.
  • Health insurance information: Private health insurance details, if applicable.
  • Medical records: Important if you have ongoing medical needs or if your children require specific care.
  • Prescription information: Ensure you have current prescriptions or a record of medications needed.

Financial documents

  • Payslips: Collect recent payslips to help establish your income, this will be important when applying for loans, housing, or financial assistance.
  • Cheque Books: If you have cheque books, take them with you to help you  access your funds.
  • Bank statements: Copies of recent bank statements are helpful for understanding your financial situation and keeping track of your account details.
  • Credit and debit cards: Keep these with you to ensure access to your funds.
  • Superannuation details: It is important to have information about your superannuation accounts for your long-term financial security.
  • Tax file number (TFN) and tax returns: Keep tax documents that show your recent returns or tax file numbers.

Business documents

  • Partnership agreements: If you are in a business partnership, make copies of all partnership agreements. These documents outline the roles, responsibilities, and profit-sharing arrangements among partners and are essential for protecting your legal rights.
  • Business financial statements: Keep copies of up-to-date balance sheets that outline your business's assets, liabilities, equity, and profit and loss.
  • Business tax records: Make copies of your business tax returns, including goods and services tax (GST) and business activity statement (BAS) submissions.
  • Details of business assets: Make copies of any titles or deeds of business ownership or significant business assets. 
  • Court orders: Keep copies of any legal orders that protect you or your children, including police-granted protection orders or long-term restraining orders.
  • Property deeds or lease agreements: These are important for establishing your rights to any property or rental arrangements.
  • Wills and power of attorney documents: Ensure you have copies of these documents, particularly if they name you as a beneficiary or executor.

Create copies and find replacements

If you are unable to gather all your important documents before leaving, there are ways to obtain replacements:

  • Birth and marriage certificates: Order replacements from the registry of births, deaths, and marriages in your state or territory (see below).
  • Passports: Apply for a replacement through the Australian passport office. If you’re in immediate danger, explain your situation.
  • Driver’s licence: Visit your state or territory’s transport authority to apply for a replacement licence (see below).
  • Medicare card: You can order a replacement through the Services Australia's Medicare website or visit a Services Australia office.
  • Bank cards and statements: Contact your bank to request new cards and statements. Many banks also offer emergency support for customers in domestic violence situations.
  • Superannuation details: Contact your superannuation fund to request your details and update your contact information if needed.

How to store important documents safely

Here’s how you can store your documents safely and privately:

1. Digital storage

  • Scan and save: Create digital copies of your documents and store them on a secure, password-protected cloud service like Google Drive or Dropbox.
  • Encrypted drives: Use an encrypted USB drive or external hard drive to store digital copies securely.

2. Secure physical storage

  • Hidden locations: Hide physical copies of documents in unexpected places, such as inside a book or a box labelled with something unrelated.
  • Lock boxes: Use a lock box or safe that only you can access, preferably one that is fireproof and portable.

3. Trusted third parties

  • Friends or family: Give copies to a trusted friend or family member for safekeeping
  • Legal advisors: Ask your lawyer to store copies of essential documents in their secure office

1F.

Prepare your finances

Bank support services

Most major Australian banks have dedicated hardship support teams to assist individuals experiencing domestic violence. These teams are trained to help you make necessary account changes while maintaining your safety and privacy.

Major Australian banks’ Hardship Support Teams

Here’s how you can reach the hardship support teams at major Australian banks:

Steps to protect your financial security

When contacting your bank's hardship support team, here are some steps you can take to protect your financial security:

  1. Redirect communications: Ask the bank to redirect all contact to your private or a trusted friend’s email address. This ensures your partner cannot monitor any new activity or account changes.
  2. Opt for digital statements: Request that your bank statements be provided online only. You can also download your bank’s app to receive statements digitally, ensuring no paper record could be intercepted.
  3. Change your banking credentials: Change the passwords and usernames on all your bank accounts. Ensure that nobody else has access to your new online banking credentials. Consider using a password manager to create and store strong, unique passwords.
  4. Freeze or close joint accounts: Discuss with the support team the possibility of freezing or closing joint accounts to prevent your partner from accessing funds or accumulating debt in your name.
  5. Secure credit and debit cards: Request new cards with different account numbers to ensure your partner can’t track your spending or access your funds.
  6. Consider a new bank: If safety is a significant concern, consider opening a new account with a different bank entirely. This further reduces the risk of your partner finding out about your financial activities.

Create a private bank account

Having your own bank account is an important step in gaining financial independence and protecting your finances from your partner's control. Ask your bank to take extra precautions and make no links to your partner's shared accounts. Here’s how you can set up a new bank account safely and securely:

1. Choose a bank

  • Staying with your current bank: If you decide to stay with your current bank, request that they open a new account in your name with a unique customer account number. Make sure to use a strong, new password that your partner won’t be able to guess. Ask the bank to take extra precautions to ensure there are no links between your new account and any shared accounts with your partner.
  • Switching to a new bank: If you choose to move to a different bank, you’ll need to provide additional identification, and it may take a bit longer to set up your profile. Some banks offer online verification, allowing you to set up the account online and then visit a branch to verify your ID with your original documents. Check the specific requirements of the bank you choose.

2. Choose an account type

  • Consult with bank representatives: Speak to bank representatives about the best account type for your situation. They can advise you on options that provide security and meet your financial needs.

3. Provide identification

  • 100 points of ID: To open a bank account, you’ll need to provide 100 points of identification. This can include documents like your passport, driver’s licence, and medicare card. 

4. Apply for the account

  • Online or in-person: You can apply for an account online or by visiting a bank. When setting up your account, make sure to request that no communication is sent to your home address to prevent your partner from discovering your new account.
  • Secure communication: Use a new email address your partner doesn’t know about to receive bank communications safely. This will help ensure that your account details remain private.

5. Get support

  • Financial assistance: The Good Shepherd Financial Independence Hub can help you open and manage your own bank account. You can reach them by calling 1300 050 150 from Mon – Fri, 7am – 7pm (Sydney/Melbourne time). Interpreter services are available if needed.

Provide 100 points of identification

When opening a new bank account as a new customer, you’ll need to provide 100 points of identification. Different banks have their own points systems, but generally, the following documents will help you reach the required 100 points. At least one of these documents must include your photograph:

Primary documents (70 Points)

  • Passport: A current or expired passport (within the last two years, but not cancelled)
  • Birth certificate: An original birth certificate
  • Citizenship certificate: Proof of Australian citizenship

Secondary documents (40-25 Points)

  • Australian driver’s licence or learner’s permit: 40 points
  • Australian firearms licence: 40 points
  • Public service ID card: 40 points
  • Government benefit or concession cards: Commonwealth or state government-issued cards such as pension or social security cards (40 points)
  • Tertiary education institution photo ID: 40 points
  • Working with children/teachers registration card: 40 points
  • Additional secondary documents: Any additional documents from the list above will provide 25 points each

Tertiary Documents (25 Points)

  • Medicare card: 25 points
  • Union Membership card: 25 points.Car registration: 25 points
  • Utility bills: Power or water bill, council rates notice (25 points each)
  • Proof of age card: Government-issued proof of age card (25 points)
  • Property lease or rental agreement: 25 points
  • Financial institution record: Proof of membership with a financial institution for at least 12 months (25 points)
  • Library card: 25 points

Additional documents to bring

  • Tax File Number (TFN): While not always required, bringing your TFN can be helpful
  • Original birth certificate: This is especially important if you have changed your name

Freeze joint accounts

To protect your financial interests and prevent your partner from accumulating debt or depleting shared resources without your consent, you might choose to freeze joint accounts and assets in the short term. To do so the bank will advise your partner, so it is recommended that you ensure you are safe before starting this process. Follow these steps to freeze accounts safely:

  1. Withdraw money
    • Freezing a joint account will suspend all withdrawals and the use of any credit cards linked to the account.
    • Consider opening a private bank account or storing cash before freezing to sustain yourself for the immediate future.
  2. Place a hold on the joint account
    • Speak directly to the bank provider, and if you feel comfortable, let them know the circumstances and that your safety can be jeopardised if they communicate with your partner.
    • If your account is “two to sign”, your partner can’t access finances without your permission. If this is not the case, you will need to ask the bank to freeze the account.
  3. Redirect debits and payments
    • Cancel any direct debits from the joint account (e.g. mobile phone plan) and reinstate them on other accounts where appropriate.
    • Make sure that any automatic payments (credits) to the joint account made under your name (e.g. Centrelink or salary) are redirected to your new account.

A hold may be lifted after the bank receives a written agreement between you and your partner to do so or, for example, through a Family Court order that specifies what actions are to be taken on the account.

Note that your partner could also seek a hold on the account to prevent you from accessing funds. Make sure you have set up your personal account first. In the longer term, you will need to close the joint account.

Talk to your bank as early as possible to explain your situation and learn about your options.

Save money discreetly

Saving money discreetly is crucial in gaining financial independence and ensuring you have the resources you need for a safe transition. Here are some tips on building a financial safety net without drawing attention: 

  1. Withdraw small amounts of cash during regular purchases, such as grocery or petrol purchases.
  2. Sell unused items discreetly and save the money from the sales.
  3. Save spare change from cash transactions and gradually accumulate it.
  4. Purchase prepaid cards or gift cards that can be more easily hidden and used later for essentials.
  5. Participate in paid online surveys or side jobs like babysitting, dog walking, or cleaning.
  6. Recycle bottles and cans for cash and discreetly save the money earned.
  7. Ask a trusted friend or family member to hold onto cash for you.

1G.

Collect evidence of abuse

Why collect evidence?

Collecting evidence of abuse serves several important purposes:

  1. Legal protection: Evidence is essential to obtain a protection order against your partner. Courts require solid evidence to issue these orders which can protect you and your children from further harm.
  2. Custody and divorce proceedings: If you’re involved in custody or divorce proceedings, evidence of abuse can influence decisions regarding custody arrangements, visitation rights, and the division of assets. It helps establish the pattern of behaviour that may be relevant in these cases.
  3. Documenting patterns: Abuse often occurs over time, and documenting incidents helps establish a pattern of behaviour. This can be crucial in demonstrating the ongoing nature of the abuse to legal authorities or support services.
  4. Securing financial compensation: In some cases, evidence of abuse can be used to secure financial compensation or support, such as access to joint funds, spousal maintenance, or damage claims.
  5. Validating your experience: Collecting evidence can also be a deeply personal process of validating your experience. It’s a way to acknowledge and affirm the reality of what you’ve been through, helping you to recognize the gravity of the situation and the impact it has had on your life.

What type of evidence to collect?

There are various forms of evidence you can collect to support your case:

  1. Physical evidence: This includes photographs of injuries, damaged property, or any physical evidence that shows signs of abuse. For example, take clear, dated photographs of bruises, cuts, or any physical marks left by your partner.
  2. Digital evidence: Save abusive text messages, emails, voicemails, or social media messages. Screenshots of these communications can be particularly valuable. Make sure to include the dates and times when they were sent or received.
  3. Witness statements: If someone witnessed the abuse, ask them to write a statement detailing what they saw or heard. Witness statements from neighbours, friends, or family members can be powerful pieces of evidence.
  4. Medical records: If you’ve sought medical attention for injuries related to the abuse, keep all medical records, including doctor’s notes, prescriptions, and hospital discharge papers. These documents provide a professional account of the abuse’s physical impact.
  5. Financial records: Collect evidence of financial abuse, such as bank statements showing unauthorised withdrawals, credit card statements with unexplained charges, or evidence of your partner taking control of your finances.
  6. Journal entries: Keep a detailed journal documenting each incident of abuse, including dates, times, what happened, and how you felt. This can help establish a timeline of abuse and provide context for other evidence.
  7. Police reports: If the police were called during any incidents of abuse, obtain copies of the police reports. These official records can provide a strong foundation for your case.

Where to record and store evidence

Safely storing and recording evidence is essential to ensure that it’s accessible when needed while protecting your safety:

  • Digital storage: Store digital evidence in a secure, password-protected cloud service. Consider using platforms like Google Drive, Dropbox, or a similar service that allows you to access your evidence from any device, even if you need to leave home suddenly. Use strong, unique passwords and enable two-factor authentication to protect your accounts.
  • Secure physical copies: If you’re keeping physical evidence, such as photos, letters, or medical records, store them in a secure place your partner cannot access. This might be in a safe place at a friend’s house, a safety deposit box, or a lockbox.
  • Back up your evidence: Make copies of all your evidence and store them in different locations. For example, one copy can be kept with a trusted friend and another in a secure cloud storage service. This ensures that even if one set of evidence is lost or destroyed, you still have access to it.
  • Use a trusted ally: If you’re concerned about your partner discovering your evidence, consider giving copies to a trusted friend, family member, or legal advisor who can keep them safe for you.
  • Be discreet with recordings: If you’re recording conversations or interactions as evidence, check the legality of recording in your state or territory. In Australia, laws vary by state, but generally, you’re allowed to record conversations you’re a part of if it’s for personal protection.
  • Document carefully: When documenting incidents in a journal or diary, be as detailed as possible. Include dates, times, locations, and descriptions of what happened. This documentation can be invaluable in legal proceedings.

In Australia, it's essential to be aware of the legalities surrounding the collection of evidence:

  • Confidentiality: If you’re working with a legal advisor, they can help you understand how to keep your evidence confidential and use it in court without compromising your safety.
  • Police confiscation: If police attend a domestic violence incident and there is significant proof stored on the phone they may temporarily seize the phone as a part of their investigation.
  • Recording Laws: The laws around recording conversations vary by state. In some states, you may record a conversation if you are a party to it, but using these recordings in court may require permission from the court. Check the laws in your state to ensure you’re collecting evidence legally.

Recording a private conversation without all parties' consent is illegal, even if you are part of the conversation. However, recordings may be admissible in court with special permission.

You can legally record conversations if you are a party to them. You generally need the court's consent to use the recording in legal proceedings.

You can legally record a conversation if you are a party to it. However, the use of this recording in court as evidence may require the court's permission.

It is legal to record a conversation you are involved in without informing the other parties. However, using the recording in court may require judicial approval.

Recording conversations is legal if you are part of the conversation. You generally need the other party's consent or the court's permission to use the recording in legal proceedings.

You can record conversations if involved in them, but these recordings are generally only admissible in court if obtained with proper legal authorisation.

It is legal to record a conversation you are part of, but using such recordings in court typically requires consent from all parties or court approval.

Recording conversations you are involved in is legal, but as with other states, using these recordings as evidence in court may require judicial permission.

1H.

Apply for a restraining order

What are restraining orders?

A family violence restraining order is designed to protect a person from being physically or psychologically abused by another person, they can be called something different in each state.  The order prevents someone who is in a close family-type relationship with you (current or former partner/spouse, family member) from communicating with you or visiting you at home or your workplace. It can also prevent that person from coming within a certain number of metres of you.

When a child or children are involved, exceptions are often made to enable you to communicate with your former partner. Such exceptions may include:

  • Contacting to arrange for them to spend time with the children
  • To attend mediation or family dispute resolution, discuss arrangements for the children, and end your financial connection with that person.

Every new family violence restraining order and police order is automatically recognised and enforceable across Australia. This means that if you move or visit another state, you don’t have to go to court to register your order, and the order can be enforced by local police no matter where the victim and perpetrator are located in Australia.

Restraining orders are sometimes named differently within Australia. Use tabs to find the official legal name for a ‘restraining order’ in each state or territory.

How to apply for restraining orders

Applying for a restraining order involves several steps which may vary slightly depending on your location. Generally, you will need to fill out an application form and provide evidence to support your request.

  1. Filing out an Application:
    • To obtain the necessary forms, visit your local Magistrates’ Court or contact a legal aid service. Many courts also have online forms available for download.
    • Complete the application form, providing detailed information about the abuse or threats you have experienced. Include dates, times, and specific incidents that demonstrate the need for protection.
  2. Providing Evidence:
    • Gather evidence to support your application, such as photographs of injuries, police reports, medical records, or witness statements. The more detailed your evidence, the stronger your case will be.
    • Some states allow you to attach an affidavit outlining your experiences to your application.
  3. Lodging the Application:
    • Submit the completed form and any supporting evidence to the court. In some states, you may need to attend an initial hearing where a magistrate will review your application.
    • In urgent cases, you can request an interim order, which provides immediate protection until a full hearing can be held.
  4. Attending court if required
    • You may need to attend court to have your case heard or lodge the application. You can choose to have the first hearing without advising the Respondent (the person you seek to restrain) until your application has been heard.
    • You can have a support person with you in court.

Applications for a Domestic Violence Order can be made at a Magistrates’ Court or through the children's court if the application involves a child. Find links for courts in your state and verified organisations who can support you.

Applications for a Domestic Violence Order can be made:

You cannot lodge an online restraining order application yourself. You must lodge it through one of the approved legal organisations or practitioners listed above.

Applications for a Domestic Violence Order can be made:

Find more information at The ACT Policing Website.

Applications for an Apprehended Domestic Violence Order can be made:

You cannot lodge an online restraining order application yourself. Find more information about applying at Legal Aid NSW's website.

Applications for a Domestic Violence Order can be made:

Applications for a Domestic Violence Order can be made:

Applications for a Domestic Violence Order can be made:

Applications for a Domestic Violence Order can be made:

Applications for a Domestic Violence Order can be made:

Restraining orders in court

Once your application is lodged, it will go to court for a hearing. This can be a daunting experience, but understanding the process can help you prepare.

  1. Court Hearing:
    • During the hearing you will be required to present your evidence and may need to testify about your experiences. The abuser will also have the opportunity to respond to the allegations.
    • The court will consider the evidence from both sides and determine whether a restraining order should be issued. If granted, the order will specify the conditions the abuser must follow.
  2. Legal Representation:
    • It is advisable to seek legal representation, especially if the abuser has hired a lawyer. Legal aid services are available in most states to assist those who cannot afford a private lawyer.
    • Support services and court advocates are often available to help you navigate the process and provide emotional support during the hearing.
  3. Interim Orders:
    • If the situation is urgent the court may issue an interim order to provide immediate protection until a final decision is made. This interim order is enforceable as soon as it is issued.

State-Based Differences:

  • New South Wales: In NSW the police can apply for an AVO on your behalf, which is known as a “police-initiated AVO.”
  • Western Australia: In WA Violence Restraining Orders (VROs) can be contested in court, and the process may involve multiple hearings.

Reporting violations of restraining orders

If the abuser violates the conditions of a restraining order, it is essential to report the violation immediately. Violating a restraining order is a criminal offence and can result in serious consequences for the offender.

  1. Contact the police:
    • If the abuser breaches the restraining order, contact the police immediately. Provide them with a copy of the order and any evidence of the violation, such as text messages, photographs, or witness statements.
    • The police can arrest the offender and charge them with breaching the order, which can lead to fines, imprisonment, or additional legal action.
  2. Document the breach:
    • Keep detailed records of any breaches, including dates, times, and descriptions of what occurred. This documentation will be important if the matter goes to court.
    • If possible, gather additional evidence, such as screenshots of threatening messages or photographs of damage caused by the abuser.
  3. Seek legal advice:
    • If the violation is severe or recurring, seeking further legal action, such as applying for a stronger or extended restraining order may be necessary.
    • Legal aid services can provide advice and representation if needed, especially if you need to return to court to address the breaches.

Breaching a VRO can result in criminal charges, with penalties including fines or imprisonment. For serious breaches, especially those involving threats or violence, penalties can be substantial, with imprisonment of up to 2 years for a single breach.

Violating a DVO or PPO can lead to criminal charges, with penalties including fines or imprisonment. Serious breaches or those involving violence can result in higher penalties, with imprisonment terms varying depending on the breach's severity.Find support for restraining order breaches, ACT.

Violating an ADVO or APVO can lead to criminal charges, including fines and imprisonment. The severity of the penalties depends on the nature of the breach and whether it’s a first or repeat offense. A breach can result in a criminal conviction, with penalties including imprisonment for up to 2 years or a fine. Find support for restraining order breaches, NSW.

Breaching a Domestic Violence Order (DVO) in Queensland is considered a criminal offence and can result in imprisonment for up to three years for a first offence, find support.

Breaches of FVIOs or PSIOs are treated seriously. The penalties include fines or imprisonment, with maximum penalties of up to 2 years in prison for a single breach. Repeat offenses or more serious breaches can lead to longer sentences and higher fines. Find support for restraining order breaches, Victoria.

Violations of Intervention Orders can result in criminal charges, with penalties including imprisonment for up to 2 years or significant fines. Repeat breaches or breaches involving violence may lead to harsher penalties, find support.

Breaches of FVOs or PSOs are considered criminal offenses, with penalties including imprisonment for up to 2 years or fines. Serious breaches or repeat offenses can attract more severe penalties. Find support for restraining order breaches, Tasmania.

Breaches of DVOs are treated seriously, with penalties including fines or imprisonment for upto 2 years. Find support for restraining order breaches, NT.

1I.

Access Health Care

How to get medical care

Getting medical care after experiencing domestic violence is important for your health and safety. Remember your health and safety are the top priorities for healthcare providers, you can get support from:

  1. Emergency Department (ED):
    • When to go: Go to the ED if you have serious injuries or need immediate medical help. Hospitals have 24/7 emergency services.
    • What to expect: medical staff will check your injuries, give treatment, and may refer you to support services.
  2. General Practitioner (GP):
    • When to go: see your GP for non-urgent medical care or follow-up appointments. GPs can give medical advice, document injuries, and provide ongoing care.
    • What to expect: Your GP will examine you, document any injuries and discuss treatment options. They can refer you to support services.
  3. Women’s and community health clinics:
    • When to go: These clinics offer specialised care for women, including those experiencing domestic violence. They provide comprehensive health services, including counselling and support.

What to expect: A supportive environment where you can get medical care and access additional resources. Find national health services.

What to know about Australia’s health care system

How and why to tell a healthcare worker you are experiencing violence:

  • Direct disclosure: If you feel safe and comfortable, tell the healthcare provider about the violence. This can help them give the best care and connect you with support services.
  • Using screening tools: Some health services ask about domestic violence. Answer these questions honestly if you feel safe to do so.
  • Privacy and confidentiality: Healthcare providers must keep what you tell them confidential. They will only share information with your consent, except if there is an immediate risk to your safety.
  • Support services referrals: Healthcare providers can refer you to specialist domestic violence services for extra support, including counselling, legal advice, and emergency accommodation.

Australia’s Healthcare Systems:

  1. Public health: Public hospitals and community health centres provide free or low-cost medical care to all Australian residents, including those with Medicare.
  2. Private health: Private healthcare providers may offer faster access to some services. You need private health insurance or be ready to pay out-of-pocket costs to use the private health system.
  3. Medicare: Medicare is Australia’s universal health insurance scheme. It provides Australian residents and citizens access to various health services at little or no cost.
    • Medicare covers visits to GPs, specialist doctors, public hospitals and some allied health services. It also covers the cost of tests and examinations to diagnose and treat illnesses.
    • To access services you will need a Medicare card. You can apply for a card at a Medicare office or the Services Australia website. 
    • Some doctors and health service providers offer bulk billing, which means Medicare covers the entire visit cost. Always check if the provider offers bulk billing. 
    • While Medicare covers many services, there can be out-of-pocket costs if the provider charges more than the Medicare benefit. Always ask about any potential costs before receiving treatment.