Family violence: more than physical abuse

Many people associate family violence only with physical violence. However, under the Family Law Act 1975 (Cth), family violence has a much broader meaning and can include a range of behaviours that cause a person to fear for their safety or wellbeing.

Family violence is an important consideration in both parenting and property proceedings because it can affect the safety of children, the ability of parties to negotiate freely, and the contributions made during a relationship.

What is family violence?

Family violence includes violent, threatening or controlling behaviour by a family member that coerces or controls another person or causes them to fear for their safety.

Examples may include:

• physical assault;
• threats or intimidation;
• emotional or psychological abuse;
• stalking or repeated unwanted contact;
• controlling a person’s finances;
• preventing a person from working or accessing money;
• isolating a person from family and friends; and
• damaging property or threatening harm to pets.

The law recognises that family violence is not limited to physical injuries. Behaviour that controls, intimidates or creates fear can also constitute family violence.

Emotional and psychological abuse

Emotional abuse may involve behaviour designed to undermine a person’s confidence, independence or sense of security.

Examples may include:

• repeated insults or humiliation;
• threats to harm a person or their loved ones;
• excessive monitoring of communications or movements;
• threats relating to children; or
• using children as a means of controlling the other parent.

While emotional abuse may not leave visible injuries, it can have significant consequences for a person’s wellbeing and may be relevant to parenting arrangements.

Financial abuse

Financial abuse occurs where one person uses money or financial control to dominate or restrict another person.

Examples may include:

• preventing access to bank accounts;
• withholding money needed for reasonable expenses;
• controlling all financial decisions;
• preventing a person from working;
• hiding financial information or assets; or
• accumulating debt in another person’s name.

Financial abuse may also be relevant in property proceedings, particularly where one party’s ability to contribute financially or participate equally in the relationship has been affected.

Controlling behaviour and coercive control

Family violence may involve a pattern of controlling behaviour rather than isolated incidents.

Examples may include:

• controlling who a person can see or communicate with;
• monitoring their location or activities;
• restricting their independence; or
• making decisions without consultation to maintain control.

The Court will consider the overall circumstances of the relationship rather than focusing only on individual incidents.

How does family violence affect parenting matters?

When determining parenting arrangements, the Court’s paramount consideration is the best interests of the child.

The Court must consider the need to protect children from physical or psychological harm, including harm arising from exposure to family violence.

Family violence may affect:

• whether parents share parental responsibility;
• the amount of time a child spends with each parent;
• whether supervision is required; and
• whether restrictions should be placed on communication or changeovers.

Importantly, children do not need to directly experience violence for it to be relevant. Exposure to family violence between parents can also affect children.

How does family violence affect property matters?

Family violence may also be relevant in property settlement proceedings.

In some circumstances, the Court may consider whether family violence affected a party’s contributions during the relationship. For example, where one party’s conduct made the other party’s contributions significantly more difficult, the Court may consider this as part of the overall assessment of contributions.

Family violence may also be relevant when considering future needs, including a party’s health, earning capacity and ability to re-establish themselves after separation.

If you or someone you know is in immediate danger, call 000. For confidential support, call 1800RESPECT on 1800 737 732.

This article is general information only and does not constitute legal advice. Every matter is different — speak with one of our family lawyers about your specific circumstances.

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