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Legal

Navigating legal matters while experiencing family and domestic violence can feel overwhelming. This guide offers clear, practical advice and information to help you understand your rights and take steps to protect yourself legally, now and in the future.

Understanding your legal rights throughout family and domestic violence can help you protect yourself and your property. Contact the below free legal services for advice:

1800RESPECT

A national helpline offering support, information, and referrals to legal services for family and domestic violence. Available 24/7.

A national network of community legal centres that provide free legal advice and support to women experiencing family and domestic violence.

Family Violence Law Help

  • An online resource offering easy-to-understand legal information and links to family violence legal services across Australia.
  • Provides free legal services and advice, including representation in family law matters involving domestic violence. Each state and territory has its own legal aid services.
  • Provides culturally appropriate legal advice and support for Aboriginal and Torres Strait Islander people affected by family violence.

Your top legal concerns

Take these steps if understanding legal matters is your number one concern.

1E. Collect important documents

1G. Collect evidence of abuse

1H. Apply for a restraining order

3F. Split joint finances

3G. Find legal representation

3H. Prepare for family court

4F. Maximise superannuation

4G. Protect with insurance

4H. Explore wills

“This was the website that helped me get away – this was the most important thing that I found.”
- Victim survivor who used Yourtoolkit.com

Frequently Asked Questions

If you’ve left belongings behind in your home, it’s important not to put yourself at risk by going back alone. In many cases, the police can escort you to collect essential items safely. If you have a protection/restraining order in place, it may include terms that allow you to retrieve your belongings without contact with the abusive person. Additionally, some domestic violence services can coordinate the police or other relevant authorities. Safety is the priority, so be sure to ask for help before attempting to go back.

Having a lawyer can be very helpful when dealing with legal matters related to family and domestic violence, especially if you need protection orders, child custody arrangements, or are concerned about your safety. While it’s not always required to have a lawyer, legal advice can make a big difference in understanding your rights and options. Many states and territories offer free legal services or legal aid to those affected by domestic violence, so it’s worth contacting a local legal service to see what help is available to you.

Learn more about finding legal representation.

A restraining order, often called a protection order, is a legal document that can help keep you safe by placing restrictions on the person who has hurt you. You can apply for a protection order through your local magistrates’ court. The process varies slightly depending on where you live, but many courts have staff who can guide you through the application. In some cases, the police can help you apply for an order if they have responded to an incident. Domestic violence support services can also assist you with this process and provide advice on what steps to take. Learn more about restraining orders.

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