An injunction under the Family Law Act 1975 (Cth) ("FLA") is available to both married and divorced people with or without children, as well as to parties in a de facto relationship with or without children, including same-sex relationships. "De facto relationship" is defined in section 4AA of the FLA. A child can also apply for an injunction for personal protection. Unlike intervention orders under the FVPA, injunctions cannot be obtained under the FLA against other family members like siblings, uncles, in-laws or other relatives.

In this section, "husband" means legal or de facto husband and "wife" means legal or de facto wife.

Injunctions can be obtained in the Family Court of Australia, the Federal Magistrates Court or a local Magistrates' Court. Each of these courts sits in various suburban, regional and rural centres.

While injunctions or restraining orders cover many other situations, they can include the making of an order directing the husband to stay away from the matrimonial home or to stay away from his wife. An injunction can be obtained to stop one party harassing, assaulting or molesting the other and/or restraining the other party from entry into or remaining on specified premises. In serious situations, where the situation at home is difficult and any children are being adversely affected, one party can obtain an order for sole use and exclusive occupancy of the matrimonial home. There need not be actual physical violence. The court must consider the atmosphere at home, the means and needs of the parties, the needs of the children and hardship to either party if forced to leave.

Such injunctions are difficult to obtain. Even where granted, if there is a matrimonial home owned by the parties, there will have to be a property settlement at some time in the future. If the parties are married, the property settlement is determined under the FLA. If they are not married, the property division will be determined either under federal or state law depending on the facts. (See: "Property" in Chapter 5*1 Divorce, or Chapter 5*3 Same-sex and De facto Families.)

If there is no violence or psychological abuse, it may not be possible for one spouse to evict the other. The parties can then separate under the one roof or one party may have to leave the home and seek a final property settlement. The party who leaves does not forfeit legal entitlement to a property settlement simply by the act of leaving.

The hearing date for an injunction or restraining order depends on the amount of work the court has before it. Where there is an element of urgency, the Family Court, the Federal Magistrates Court or local state Magistrates' Court (if they are hearing family law matters) usually tries to accommodate a party, and a hearing date can be obtained within a few days. Otherwise it may be up to six weeks from the date of filing the application before the case can be heard.

In urgent cases, an action can be started by an ex parte application (i.e. in the absence of the other party). The court can then make an ex parte order in favour of the applicant against the respondent until further order or until a specified time. Rules of the court specify the circumstances and evidence required when seeking an ex parte order.

The court is usually reluctant to allow a restraining order to be heard ex parte when a wife seeks an order that the husband vacate the matrimonial home. A hearing of an ex parte injunction for an order restraining the husband from molesting his wife will be granted more readily. In most cases, applications for injunctions will be heard after the husband has been served with the application and the affidavit in support.

If the wife needs an ex parte or an urgent interim restraining order, she must file an application seeking interim orders, together with an affidavit (a sworn statement) setting out the reasons for seeking an injunction. She should support the allegations by other evidence if available, e.g. from eye witnesses to violence, witnesses to her physical condition, or medical evidence given in court by a doctor. If the wife is seeking final orders, she need only file the appropriate application and no other supporting material, unless the application is contested.

Forms can be obtained from the shared registry of the Family Court and Federal Magistrates Court or from a local Magistrates' Court. Applications have a filing fee, for which a reduction or exemption can be obtained in cases of financial need.

If ex parte orders are sought, the documents filed will be referred to the Registrar of the Magistrates' Court or a Registrar of the Family Court or Federal Magistrates Court. The Registrar will recommend whether or not the ex parteapplication will proceed to be heard before a Magistrate, Judge or Federal Magistrate. This recommendation operates as a clearing house to ensure the courts do not get cluttered with applications which are not urgent.

Even if the court refuses to grant the injunction ex parte it may grant a speedy hearing, subject to service upon the husband. It usually takes some weeks before the application is heard, so it is worth pursuing promptly.

As with intervention orders under state law, an automatic power of arrest is attached to all FLA injunctions in force which provide for the personal protection of a person. The power of arrest is valid for the duration of the injunction. The injunction or restraining order itself is valid indefinitely in all parts of Australia unless discharged or varied.

The power of arrest only attaches to injunctions that expressly refer to the "personal protection" of a party. This will include an order for sole use and exclusive occupancy or an order restraining entry to or remaining upon specified premises, but only if that order specifically uses the words "personal protection".

This power authorises a state or federal police officer to arrest the respondent without warrant if that officer reasonably believes that the respondent has breached an injunction by causing or threatening to cause bodily harm or by harassing or molesting or stalking the protected person. In reality, however, the state police often refuse to arrest or to enforce injunctions under the FLA. The FLA also specifies procedures following the arrest and conditions for keeping a person in custody.

Breach of a FLA injunction is not a criminal offence of itself. Police do not institute breach proceedings: the victim has to go back to court to do so. In this regard, a restraining order or injunction is not as effective as an intervention order. The effect of the husband failing to comply with the injunction, for example, by again hitting his wife or attending her premises, is to make him liable to punishment for contempt or, more commonly, for contravention of the injunction, which can include a fine and/or imprisonment. Contempt is for serious and persistent breaches.

Separate forms and rules apply to contravention proceedings. It is advisable to seek legal advice before undertaking such proceedings.