If you are experiencing domestic and family violence, you can get help from Legal Aid NSW. We can help you get protection from the violence and help with other legal advice and information.
What is domestic and family violence?
Domestic and family violence is behaviour that coerces, controls or causes a person to be afraid.
The abuse can happen in different ways. You do not need to be physically hurt to have experienced domestic and family violence.
Domestic and family violence can happen in many kinds of relationships. It can happen with a current or ex-partner, or between family members like siblings, adult children and parents. It can happen in non-family relationships, like between a person and their carer.
How can Legal Aid NSW help me?
Legal Aid NSW can help you with:
- getting an AVO
- sorting out arrangements for children
- getting child support
- mediation to help resolve disputes about children or property
- financial problems such as paying the mortgage, credit and debt, and housing
- help at court
- planning for your safety at home and at court
- talking to the police or courts for you
- getting a divorce
- sorting out problems with Centrelink
- victims support payments
- immigration issues such as residency applications where there is domestic and family violence
- defending an ADVO or criminal charge if you are the victim of violence and
- sorting out other legal problems you have because of domestic violence.
Specialist domestic and family violence services
The DVU is a dedicated statewide service of Legal Aid NSW. Bringing together specialist domestic violence lawyers, social workers and financial counsellors, the DVU helps people with their legal and non-legal needs. Call: 1800 979 529.
The FASS help families affected by family violence who have a family law issue. FASS duty lawyers can help people with their legal problems and there are dedicated FASS social support workers. Call: 1800 979 529.
WDVCAS’s are locally based, independent services for women and their children seeking information and help with domestic and family violence and getting protection from the court.
Call: 1800 WDVCAS or 1800 938 227.
Apprehended Violence Order (AVO)
An AVO is an order made by the court telling a person to stop hurting, harrassing, intimidating, threatening or stalking you.
This includes when a person is sending you messages by text, email, or social media in order to make you fear for your safety, or harming or threatening to harm your pets. The AVO can include protection for your kids or other members of your family. An AVO is not a criminal charge.
There are two types of AVO:
- An apprehended domestic violence order (ADVO) is made when the people involved are related or in a relationship. It can include members of your extended family.
- An apprehended personal violence order (APVO) is made for all other relationships. For example, where you have a dispute with a neighbour or a workmate.
There are two ways to get an AVO.
1. Contact the police. They can apply for an AVO on your behalf. If the police have fears for your safety after an incident, they can apply for a provisional (temporary) AVO for you.
The police will let you know about the AVO and when to come to court.
2. You can apply at a Local Court. This is called a private application.
For more information about AVOs see Are you applying for an AVO?
For advice about applying for an AVO, phone the DVU on 1800 979 529.
Representation
As most applications for an ADVO are made by the police, you may not need a lawyer.
However if you want to make a private application for an ADVO we might be able to help you.
We can also help you liaise with the police and court, and support you before, during and after the court. Call the DVU on 1800 979 529.
If you need a lawyer to represent you in court, or you need ongoing assistance, you can apply for a grant of legal aid. This is sometimes called ‘getting legal aid’.
Not everyone can get legal aid. A lawyer can help you work out if you may be eligible and help you fill out the application form. Call the DVU on 1800 979 529.
If you qualify for a grant of legal aid, Legal Aid NSW will pay for your lawyer. That lawyer may work for Legal Aid NSW or be a private lawyer paid by Legal Aid NSW.
Sometimes a lawyer who works for Legal Aid NSW may not be able to represent you because the other party has been or is currently assisted by a Legal Aid NSW lawyer. This creates a conflict of interest.
A conflict of interest does not mean that you are not eligible for legal aid. If a Legal Aid NSW lawyer is unable to help you because of a conflict of interest, you will be referred to another lawyer who can assist you.
Where can I get more help?
In an emergency, call the police on 000 or 112 from mobiles.
| Organisation | Information | Contact details |
|---|---|---|
| Domestic Violence Unit | A dedicated statewide service of Legal Aid NSW bringing together specialist domestic violence lawyers, social workers and financial counsellors. | Phone: 1800 979 529 |
| Family Advocacy and Support Services (FASS) | Help for families affected by family violence and who have a family law issue. They also have dedicated social support workers for women and for men. | Phone: 1800 979 529 Phone: 1800 11 FASS (for women) Phone: 1300 00 FASS (for men) |
| LawAccess NSW | Provides free telephone legal information and referrals to other services, including to your nearest Legal Aid NSW office, Community Legal Centres, private lawyers and other organisations that can help. | Chat to our team by clicking on 'Chat with us' on the right or by calling 1300 888 529 Mon to Fri 9am - 5pm. |
| Women’s Domestic Violence Court Advocacy Services (WDVCAS) | Information, court advocacy and referral for women in domestic violence situations and assistance with getting an AVO. | |
| Domestic and Family Violence Hotline | Provides counselling, information and referral. 24 hours, 7 days. | Phone: 1800 737 732 |
| Victims Services | Support and assistance for victims of crime. | Phone: 1800 633 063 Aboriginal contact line: 1800 019 123 |
| Domestic Violence Duty Scheme (DVDS) | DVDS court duty lawyers can help you with an AVO matter, and provide advice and referrals for other legal issues such as family law, victims support or debt. | Phone: 1800 938 227 |
| Mensline | Phone support and referral for male victims and perpetrators of domestic violence. 24 hours, 7 days. Visit www.mensline.org.au. | Phone: 1300 789 978 |
| Family Violence Law Help | www.familyviolencelaw.gov.au is a website with easy-to-understand legal information about AVOs, family law and child protection. . | |