Consent Orders & Family Violence Lawyer Sydney
Whether you have reached an agreement you want made legally binding, or you are dealing with family violence and need urgent legal protection, we can help. Our team has over 40 years of experience formalising agreements through Consent Orders and protecting clients through AVO proceedings. Discreetly and effectively. David H Cohen & Co offers a free 15 minute discovery call to discuss new matters. Contact us now!
Confidential consultation · Suite 901, 265 Castlereagh St, Sydney CBD
Situations we deal with every day
These two areas of law collide more often than people expect. A couple reaches agreement on parenting arrangements. But one party is also seeking an AVO. Property Consent Orders are ready to file, but there is a history of family violence that may affect what the Court will approve. We act across both issues and areas of law, routinely in the same matter.
You have reached an agreement and want it made legally binding
A verbal agreement or informal understanding is not enforceable. Consent Orders or a Binding Financial Agreement give your arrangement the force of law — protecting both parties if circumstances change.
You are experiencing family violence and need legal protection
Your safety is the priority. We provide confidential advice on AVOs, urgent injunctions, and the legal steps available to you — whether you are seeking protection or responding to an application made against you.
An AVO has been made against you
An Apprehended Violence Order has serious consequences — for your movement, your employment, and your ability to see your children. If you have been wrongly accused, we represent respondents, challenge the evidence, and work to protect your rights.
Family violence is affecting parenting arrangements
Family violence is now the primary consideration in parenting matters under the 2024 Family Law Act amendments. Where there is a history of violence, this shapes what orders are available and what the Court will approve.
You need urgent orders — custody or property
In some situations, waiting for the normal Court timeline is not an option. We can file urgent applications for interim parenting orders, injunctions to freeze assets, or child recovery orders when the situation demands it.
Your former partner is not complying with existing orders
Consent Orders and parenting orders are legally enforceable. If your former partner is not complying, we can apply to the Court for enforcement, contravention orders, and in serious cases, penalties.
Consent Orders & family violence legal services
We act in Consent Orders for property and parenting, AVO applications and defences, and urgent matters where waiting is not an option. When family violence and property or parenting sit in the same matter (which is common), we advise across both without the client needing to brief a separate firm.
Parenting Consent Orders
We prepare and file Consent Orders formalising agreed parenting arrangements — who the child lives with, time spent with each parent, and decision-making responsibilities. Legally binding and enforceable from the date the Court approves them.
Property Consent Orders
We draft and file Consent Orders setting out the agreed division of property, superannuation, and financial assets. Once approved by the Court, they are final and binding — preventing future disputes about who gets what.
AVO Applications (Seeking Protection)
We assist clients to apply for Apprehended Violence Orders — both ADVOs (domestic) and AVOs (personal). We help you document the evidence, attend Court, and obtain orders that protect you and your children.
AVO Defence (Respondents)
If an AVO has been made against you — or if you are facing a Police AVO application — we provide experienced representation. We review the evidence, challenge the grounds, and work to achieve the best outcome given your circumstances.
Urgent Injunctions
Where there is an immediate risk — to your safety, your children, or your assets — we can file urgent applications for injunctions without delay. The Court can act within hours in genuine emergencies.
Enforcement of Orders
If your former partner is breaching Consent Orders or parenting orders, we apply for enforcement and contravention orders. Persistent or serious breaches can result in financial penalties or, in extreme cases, imprisonment.
Family violence is now the primary consideration in parenting matters
The 2024 amendments to the Family Law Act placed a very close scrutiny on protecting all family members and how the Court would approach parenting matters where family violence is present.
Safety, including safety from family violence, abuse, and neglect, is now the first consideration in every parenting matter. The former presumption of equal shared parental responsibility has been removed. Courts no longer start from a 50/50 presumption: they start from what is safe.
This means Consent Orders that were agreed before May 2024 may no longer reflect what a Court would approve today. If you have a history of family violence in your matter and existing orders, it is worth getting current advice on whether those orders adequately protect you and your children.
What the 2024 changes mean in practice
- → Safety from family violence is the first factor in every parenting decision — above all others
- → There is no default 50/50 split — each case is assessed individually on the child's best interests
- → A history of family violence is relevant to what orders the Court will approve as Consent Orders
- → The Court will not approve Consent Orders it considers unsafe — even if both parties agree
- → Parenting plans (unlike Consent Orders) are not legally enforceable — get Consent Orders instead
- → Existing orders made before May 2024 are still enforceable but may not reflect the current legal framework and so cannot be used as a guide to what you may get.
Source: Family Law Act 1975 (Cth), as amended May 2024
From agreement to enforceable order — step by step
Below is how a standard Consent Orders matter moves from instructions to Court approval. AVO and urgent matters run on a shorter, faster timeline. Call us directly if your situation is immediate.
Confidential consultation
We hear your situation in full and advise on your options — whether that is Consent Orders, an AVO, an urgent injunction, or a combination. Confidentiality is absolute.
Document the agreement
For Consent Orders, we work with you to ensure the agreement is complete, clear, and in a form the Court will approve. Gaps in an agreement are a common source of later disputes.
Draft and review
We prepare the Application for Consent Orders and the Minutes of Consent Orders — the formal documents filed with the Court. Your former partner (or their solicitor) reviews and signs.
File with the Court
We file the documents with the Federal Circuit and Family Court of Australia. The Court reviews the orders and, if satisfied they are in the interests of any children and not contrary to law, approves them without a hearing.
Orders take effect
Once approved, the orders are legally binding on both parties. Property transfers, superannuation splits and other steps required by the orders can then be implemented.
Ongoing support if needed
If circumstances change, orders need to be varied, or your former partner is not complying, we are here. Breaches can be enforced through the Court.
Note: If family violence is present and your safety is at immediate risk, we can move on an urgent basis — call us directly on 1300 936 244.
AVO and family violence matters we have handled
Every matter is different. These are examples of AVO and family violence cases we have successfully resolved. Names and identifying details have been removed to protect client privacy.
AVO dismissed after magistrate finds breach not proved beyond reasonable doubt
Client and the person in need of protection (PINOP) were in a de facto relationship. Police had previously attended the home. The PINOP alleged a breach of an existing AVO.
The Magistrate dismissed the AVO, finding the breach had not been proved. The Magistrate stated he did not want the client subject to further Court proceedings on that basis.
Client acquitted after false domestic violence allegations
Client and the PINOP were in a long-term de facto relationship with two children. At separation, the PINOP alleged physical violence. The matter was fiercely contested.
We made submissions that the PINOP's evidence should be limited and that her witness should be excluded. After a defended hearing, our client was acquitted of all allegations.
No contact order secured and upheld on appeal
Acting for the Mother of a young child with psychological issues. A long history of severe domestic violence existed but no AVO had been made at the time proceedings commenced.
We successfully argued for a no contact order. When the non-resident parent appealed to the Full Court, the appeal was dismissed. The order has been sustained.
Mother and child permitted to relocate overseas despite opposition
Acting for the Mother, a victim of domestic violence with an AVO in place protecting herself and her young child. The Father opposed relocation.
We successfully argued for relocation Orders. The Father appealed. The Full Court dismissed the appeal. The Mother and child relocated with the support of family overseas.
Experienced. Empathetic. Effective.
David has appeared in AVO hearings, defended clients against false allegations, and acted in contested parenting matters involving family violence since 1983. Elizabeth's focus on the intersection of family violence and parenting law, and her accreditation as a mediator, means she knows when a matter can be resolved without Court, and when it cannot.
David Cohen
Principal Solicitor
David established the firm in 1983 and has extensive experience in AVO proceedings, contested parenting matters involving family violence, and complex Consent Orders. He has appeared in AVO hearings, defended clients against false allegations, and secured protection orders for clients at risk. He briefs experienced barristers for contested matters and appears personally in Court where appropriate.
Elizabeth Cohen
Family Law Specialist & Accredited Mediator
Elizabeth completed her Juris Doctor at the University of Sydney and holds Masters degrees in Applied Family Law, Business Law and Dispute Resolution. She has a particular focus on the intersection of family violence and parenting matters, and as an Accredited Mediator, works to resolve matters that are safe to resolve collaboratively — and takes a different approach when they are not.
Consent Orders & family violence — frequently asked questions
Consent Orders & family violence resources
Get confidential legal advice today
Whether you need to formalise an agreement or protect yourself from family violence — we can help you move forward.
Suite 901, 265 Castlereagh Street, Sydney NSW 2000 · Confidential consultation