More languages...
| (03) 9269 0120Melbourne | 1800 677 402Rural areas |  Locate us |
Family violence – NT
Family violence and domestic violence mean the same thing. Family/domestic violence includes:
- assault
- personal injury
- damage to property
- threats to assault or cause injury
- threats to damage property
- behaving in a provocative or offensive manner
- causing fear or harassment.
Violent behaviour is against the law and you can take action to stop it. If you are at immediate risk of harm or are being assaulted, call the police on ‘000’.
The police have the power to:
- arrest the offender
- search for and remove weapons – if you tell them the offender has a gun they must remove it
- charge the offender with a criminal offence
- in emergencies, apply for a restraining order on your behalf.
If you are not at immediate risk of harm, you can make an appointment for assistance at a domestic violence service.
Court orders
You can apply at a Northern Territory Magistrates’ Court for a restraining order under the Northern Territory's Domestic Violence Act.
You can apply for a restraining order yourself or with the help of a lawyer. In emergencies, the police can apply on your behalf.
The Magistrates’ Court has the power to issue a restraining order if there has been:
- an assault or personal injury caused
- threats to assault or cause personal injury
- behaviour of an offensive or provocative nature
and - unless the person is stopped the behaviour is likely to happen again.
Restraining orders are available to people who have been in a ‘domestic relationship’ with the other person. ‘Domestic relationship’ is defined in the Act and covers people such as spouses (including a de facto spouse), parents, grandparents, children and step-children.
You may also apply to the Family Law Courts for an injunction, as part of a family law case.
Penalties
If a restraining order is ‘breached’ (broken) you should report it to the police.
There are severe penalties for breaching a restraining order. A first offence can get a jail term of not more than six months or a fine of not more than $2000. A second or subsequent breach of an order will result in a jail term of not less than seven days or more than six months
Changing or ending an order
If you get back together with your partner, or no longer need the protection of an order, you can apply to the court to have the order varied (changed) or revoked (stopped). If you do not revoke or vary an order, and you continue to have contact with the defendant, he or she can be charged for breaching the order.
Getting help
There are specialist domestic violence services across the Northern Territory that can help you. See ‘Services that can help’ (link below).
The Northern Territory Legal Aid Commission’s (link below) Domestic Violence Legal Service can provide advice, information and legal representation. Phone the Domestic Violence Legal Service on (08) 8999 3000.
More information
Parenting orders & family violence
Related publications
How to run your family law case
You and family law: a short guide