Family Law

Are those who are in de facto relationships afforded personal protection from family violence?

Published in: May 2017

At the federal level, there are no laws in place where those in de facto relationships are afforded personal protection. However, s 114(2A) of the  Family Law Act 1975 (Cth) (the Act) may apply to a de facto relationships restricting one party from entering, using or occupying a residence of one or both parties to the de facto relationship.

Former de facto partners may be eligible for an s 68B personal protection order if they are a parent of a child of the relationship, a person where the child is living under the parenting order, or any other set of relationships as defined under the section in relation to the child.

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