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Item 4 of 6Safety6 min read

Family violence and safety at court

The Federal Circuit and Family Court says it takes family violence seriously and has measures in place to help people be safe when they come to court. It asks to hear about any safety concern early: its brochure says at least five days before the court event.

General information only, not legal advice. The court’s Safety at court page is the place to check, and the Family Advocacy and Support Service gives free legal help at court.

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If you fear for your safety

The court’s advice is that if you have fears for your safety or your children’s, whether or not you are coming to court, you should contact the police. If the fears are immediate, ask for urgent help and tell the police if any weapons are involved.

The court also notes that most police departments have trained family violence officers who can help with getting a family violence order, and that once an order is made, police will respond to breaches of it. Its safety brochure adds that some aspects of family violence may be a criminal offence that may need to be reported to police or child protection authorities.

Telling the court, and when

  1. As soon as possible

    Raise the concern

    If being at court at the same time as the other party, or in the same room, worries you, the court asks you to let it know as soon as you can. You can use its enquiry form and choose “Safety at court”, or call the person managing your case if you have been given their number, before you attend so arrangements can be made.

  2. At least five days before

    Let the court know

    The court’s brochure asks people to let the court know at least five days before the court event. Staff will ask a few questions and discuss what arrangements are needed.

  3. Before you attend

    Any family violence order

    The court’s guide to attending court says: “If you have a family violence order (including an interim order), you must tell the Court about the order before you attend.” The brochure asks for a copy of any existing order as soon as possible. When a property case is filed, a copy of any current family violence order affecting the party is one of the documents filed with it, and the most current orders must be given to the court throughout.

What the registry may be able to arrange

Safety measures vary between registries. The court says many registries have safe rooms, that separate entry and exit points can sometimes be arranged, and that you may be able to attend by phone or video.

A support person

A friend, family member, support worker or other support person may come to a court hearing with you, and may sit at the back of the courtroom. A support person can also be with you in your private location for a phone or video hearing. The judge or registrar can decide who may be present. A support person can come to the registry with you, but is usually kept out of a Dispute Resolution Conference or Conciliation Conference; you can still ask the presiding officer to let them in.

No one under 18 is allowed into a court hearing.

Family violence orders in Queensland

The Federal Circuit and Family Court does not make family violence orders. They are made under state and territory law; in Queensland they are called Domestic Violence Orders, and the related law is the Domestic and Family Violence Protection Act 2012. Orders made in any state or territory can be registered for enforcement in another if needed.

Legal Aid Queensland’s guide How do I get a domestic violence protection order? explains what domestic violence is, who can apply for a protection order, and your legal rights.

The Family Advocacy and Support Service

Every state and territory has a Family Advocacy and Support Service, known as FASS. Anyone dealing with domestic and family violence can get free legal advice from FASS, and someone on their side at court. The court asks people worried about their safety at court to talk to their local FASS before the court date. The court lists what FASS can do:

In Queensland, FASS can be reached on 1300 267 762 for help with legal or non-legal issues from a duty lawyer or social support worker, and it can be seen at the Brisbane family courts at 119 North Quay. FASS is at the Brisbane court Monday to Friday from 9 am; Legal Aid Queensland says until 4 pm, the FASS site until 4.30 pm. FASS can help people who have experienced family violence, and people who another person says have used it.

Risk screening when children are involved

Brisbane is one of the registries using Lighthouse, the court’s approach to screening for and managing risk. When an application or response seeks orders about children, including together with property orders, the parties are invited to complete a confidential online risk screen called the Family DOORS Triage. The court says it takes about 15 minutes, the other party cannot see your answers, and the answers cannot be used as evidence in the matter. It also says: “Ensure you are in a safe space before clicking the link to the Family DOORS Triage risk screen on your tablet, computer or mobile phone.”

Family violence and the property side

The Attorney-General’s Department’s fact sheet says: “From 10 June 2025, the economic effect of family violence must be considered, where relevant, when making decisions about property and finances after separation.” The family law courts still cannot sentence anyone for family violence, order compensation for it, or make or change a protection order; those are matters for state and territory courts. Property settlement basics covers the rest of the process.

Allegations of family violence, or a risk of it, are also one of the exemptions from the pre-action procedures in financial cases. See before you file.