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Family violence – Tasmania

Family violence includes physical violence, threats, emotional and psychological abuse and damaging property.

If your spouse or partner is doing this to you and/or your children, you can take action to stop it. Call the police on ‘000’.

The police have power to:

  • arrest and remove 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
  • apply for a police family violence order on your behalf.

You can also get support from family violence services. See ‘Services that can help’ (link below).

Court orders

You can make an application for a family violence order at your nearest Magistrates’ Court.

The Legal Aid Commission of Tasmania (LACT) employs a Safe at Home lawyer in each of its offices. The Safe at Home lawyer can help you apply for or change an existing family violence order.

A family violence order will usually protect you and your children. It normally lasts for 12 months.

You can also apply to the family law courts for an injunction as part of a family law case. Injunctions are usually slower and more expensive to get than applying for a family violence order in the Magistrates’ Court.

If you are experiencing threats or violence from someone other than a partner or spouse you can apply for a restraint order. A restraint order is a court order made by a Magistrate under the Tasmanian Justices Act 1959. Its purpose is to protect you and/or your children from violence.

You can apply for an urgent restraint order or in emergencies the police can do this on your behalf. These orders are usually the cheapest and fastest to get.

See the LACT website (link below) for more information on restraint orders.

More information

Getting legal help

Parenting orders & family violence

Services that can help

Victims of crime – Tasmania

Related publications

How to run your family law case

You and family law: a short guide

Related websites

Legal Aid Commission of Tasmania – family violence (new window)