Legal Injunction: A Guide to Family Law Orders in Australia

Legal matters involving family disputes can be complex and emotionally charged. When immediate legal protection is needed, courts may issue a legal injunction. If you’re facing a situation where legal intervention is necessary, understanding how injunctions work can help you take the right steps.

This guide explains the key aspects of legal injunctions in Australian Family Law.

I. What Is a Legal Injunction in Australian Family Law?

A legal injunction is a lawsuit filed to obtain a court order to stop someone from doing something (a restraining injunction), or to require them to take a specific action (a mandatory injunction).

The Family Law Act 1975 gives courts the power to issue injunctions in family law cases. These orders can be temporary (until a final hearing) or permanent, depending on the circumstances.

In family law, injunctions are commonly used to protect individuals from harm, preserve property, or maintain the rights of parents and children.

For example, a court may grant an injunction to prevent one parent from taking a child overseas without permission or to stop one spouse from selling joint assets during a divorce. In these situations, injunctions are being used to ensure fairness and to protect the rights of individuals involved.

II. When Can You Apply for an Injunction in Family Law Matters?

A person can apply for a legal injunction when they need immediate legal protection or when their rights are at risk of being violated. Injunctions are powerful legal tools, and thus are not automatically granted. Courts assess each case carefully before making a decision.

Here are some common scenarios in family law where an injunction may be necessary:

1. Domestic and Family Violence

If a person is experiencing violence, threats, or harassment from a partner or family member, they can apply for an injunction to prevent further harm. This may include orders restricting the other party from contacting them or coming near their home or workplace.

2. Risk of Child Relocation

A parent may seek an injunction to stop the other parent from taking a child overseas or relocating without permission. This ensures the child’s best interests are protected, especially in custody disputes.

3. Property and Financial Disputes

If one spouse is trying to sell, transfer, or hide assets before a financial settlement is reached, an injunction can be granted to prevent this. This allows for property to be fairly between both parties during court proceedings.

4. Preventing the Breach of Court Orders

If one party is violating an existing court order—such as ignoring parenting arrangements or refusing to return a child—an injunction can reinforce compliance with the law.

III. What Are the Different Types of Family Law Injunctions?

Legal injunctions can be classified into different types based on their purpose. In Australian family law, the most common injunctions include:

1. Personal Protection Injunctions

These injunctions are used to protect individuals from violence, harassment, or intimidation. They may prevent a person from making contact, coming near, or engaging in any harmful behaviour towards the applicant.

2. Parenting Injunctions

Parenting injunctions help regulate child custody disputes. These orders may:

• Prevent a parent from taking a child overseas or moving without consent.
• Stop a parent from interfering with the other parent’s time with the child.
• Ensure that a child’s welfare and best interests are prioritised.

3. Property and Financial Injunctions

When separating couples dispute ownership of assets, an injunction can prevent one party from selling, transferring, or disposing of property before a financial settlement is finalised. This ensures a fair division of assets.

4. Mandatory Injunctions

Unlike restraining injunctions that stop a person from doing something, mandatory injunctions require a person to take a specific action. For example, a court may order a spouse to transfer property into the other spouse’s name, or to return an abducted child.

5. Interim and Permanent Injunctions

• Interim injunctions are temporary and remain in effect until a final hearing. They are granted when urgent protection is needed.
• Permanent injunctions last indefinitely and are issued after a full court hearing based on long-term considerations.

Knowing which type of injunction applies to your case can help you take the right legal steps.

IV. How Do Courts Decide Whether to Grant an Injunction?

Courts do not grant legal injunctions automatically. The applicant must provide strong evidence that the injunction is necessary. When deciding whether to issue an injunction, courts consider several factors, including:

1. Urgency and Risk of Harm

If there is an immediate risk of harm—such as domestic violence—the court is more likely to grant an injunction quickly. Urgent applications can sometimes be made without notifying the other party (known as an ex parte injunction).

2. Best Interests of the Child

In parenting matters, the court prioritises the child’s well-being. If an injunction is needed to protect a child from harm or to prevent an unlawful relocation, the court will likely grant it.

3. Fairness to Both Parties

Courts aim to ensure fairness when granting injunctions. For example, if an injunction stops someone from accessing their own property, the court must determine whether this restriction is justified.

4. Existing Legal Agreements

If there are existing parenting orders or financial agreements, the court will consider whether an injunction is necessary to enforce them or prevent their breach.

5. Proof and Supporting Evidence

Applicants must provide strong evidence, such as witness statements, financial records, medical reports, or messages proving harassment. Courts assess whether the evidence justifies legal intervention.

If the court is satisfied that the injunction is needed, it will issue the order. The person subject to the injunction must then comply with its terms, or they risk legal consequences.

Considering Applying for a Legal Injunction? Contact Us Today

Legal injunctions play a crucial role in Australian family law, offering protection in sensitive and urgent situations. Whether you’re dealing with family violence, child custody issues, or financial disputes, seeking an injunction can help safeguard your rights.

However, applying for an injunction requires strong legal arguments and supporting evidence. If you believe you need an injunction, consulting a family lawyer can ensure that your application is well-prepared and presented effectively in court.

Legal matters involving family disputes require expert guidance to achieve the best outcome. At Justice Family Lawyers, we specialise in family law injunctions and can help you secure the protection you need. Contact us today for professional legal advice tailored to your situation.