Injunctions are court orders made to protect people or property during a family law matter. They can tell someone to do something—or stop them from doing something—especially during separation, divorce, or parenting disputes.

In family law, injunctions are most commonly used to:

• Prevent harm or harassment

• Protect property from being damaged or sold

• Keep someone out of the family home

• Stop one parent from relocating a child without permission

These orders are made under Section 114 of the Family Law Act 1975 and can be temporary or long-term, depending on the situation.

Types of Injunctions in Australian Family Law

1. Personal Protection Injunctions
Used to stop harassment, stalking, or threats from an ex-partner.

Example: After a heated breakup, Sarah’s ex kept turning up at her house uninvited. She applied for an injunction to stop him from contacting her.

2. Property Injunctions
Prevent a person from selling, transferring, or damaging shared property before the final settlement.

Example: Paul tried to sell a jointly-owned investment property before the settlement. His former partner got an injunction to stop the sale.

3. Exclusive Occupancy Orders
Allow one person to stay in the family home and legally require the other to leave—even if both names are on the title.

Example: After experiencing verbal abuse, Linda applied for exclusive occupancy to stay in the home with the kids while her ex was ordered to leave.

4. Parenting Injunctions
Stop one parent from taking a child interstate or overseas without agreement.

Example: Tanya was worried her ex might take their child overseas without consent. She applied for an injunction to stop any international travel.

5. Relocation and Communication Injunctions
Prevent a parent from moving with the child or contacting the child unless approved.

When Should You Apply for an Injunction?

You should consider applying for an injunction if:

• You feel unsafe, threatened, or harassed

• Your ex is damaging or trying to sell shared property

• One parent wants to relocate with a child without consent

• You need to maintain stability for your children

In urgent situations, the court can issue an interim injunction quickly to protect you while a full hearing is arranged.

How to Apply for an Injunction

1. Try Mediation First
   If it’s safe, you might need to attempt mediation before applying. But in urgent or unsafe situations, you can go straight to court.

2. File an Application with the Family Court
   You’ll need to lodge documents with the Federal Circuit and Family Court of Australia (FCFCOA), including an affidavit explaining what’s happening.

3. Provide Evidence
   This might include texts, emails, witness statements, or police reports. The stronger your evidence, the better the chance the court will act quickly.

4. Court Hearing
   The judge will review the facts and may issue a temporary order straight away. A longer-term decision will be made after both parties have a chance to speak.

Do You Need a Lawyer?

While you can apply on your own, getting legal help is a good idea—especially if you’re feeling unsafe or there are children or shared assets involved.

You can also get support from:

• Legal Aid in your state or territory

• Family Relationship Centres

• Community legal centres

Key Takeaways

• Injunctions are legal orders that protect people or property during family law disputes.

• They can stop contact, protect children, or block asset transfers.

• You can apply for urgent orders in unsafe or high-risk situations.

• A court looks at safety, fairness, and the best interests of any children involved.