In Australian family law, injunctions and restraining orders are legal tools the court can use to protect someone during or after the breakdown of a relationship. These orders are especially important when there are concerns about safety, property, or someone interfering with parenting arrangements.

An injunction is a court order telling someone to either do something or stop doing something. A restraining order is a specific type of injunction designed to protect people from abuse, threats, or interference.

These orders are available under the Family Law Act 1975 and can apply to both married and de facto relationships.

Types of Injunctions in Family Law

Here are the main types of injunctions you might come across:

1. Personal Protection Orders
Stops a person from harassing, stalking, threatening, or contacting the other party.

Example: After separation, Sam started sending aggressive messages to Alex. The court granted Alex a personal protection injunction to stop Sam from making contact.

2. Exclusive Occupancy Orders
Allows one person to stay in the family home and stops the other from entering.

Example: Maria was granted exclusive occupancy after her ex-partner’s verbal abuse made the home environment unsafe for her and their children.

3. Property Protection Orders
Stops a person from damaging, selling, or removing shared property (like cars, money, or real estate) during a dispute.

Example: Josh tried to sell a jointly owned car before the property settlement was complete. His ex applied for an injunction to stop the sale.

4. Parenting and Relocation Injunctions

Prevent one parent from taking the children interstate or overseas without consent.

Example: Priya feared her ex-husband might take their children overseas without permission. She successfully applied for a relocation injunction to stop him from leaving the country with them.

When Can You Apply for an Injunction or Restraining Order?

You can apply for an injunction:

• During a separation or divorce

• As part of a parenting dispute

• To stop threats, harassment, or harmful behaviour

• To prevent damage or misuse of property

In urgent situations, a court can issue a temporary (interim) order quickly.

How Do You Apply?

1. Seek Mediation First (If Safe to Do So)
   In many cases, family dispute resolution (mediation) is encouraged before going to court—except where there’s a risk of family violence.

2. Apply to the Family Court
   You’ll need to file an application with the Federal Circuit and Family Court of Australia (FCFCOA). You may also need to file an affidavit explaining what’s happening and why the order is needed.

3. The Court Makes a Decision
   The court will consider your evidence and may ask for more information. If the situation is urgent, it may grant a temporary order until a full hearing can be held.

Do You Need a Lawyer?

You don’t need a lawyer to apply for an injunction—but having one can help, especially if there’s a risk of harm, children involved, or complex property issues. You can also get help from community legal centres or Legal Aid.

Key Takeaways

• Injunctions and restraining orders protect people and property during family disputes.

• The court can stop someone from doing something harmful or make them follow certain rules.

• Orders can be temporary or long-term.

• You can apply without a lawyer—but get support if you feel unsafe or unsure of the process.