Family violence

Aussie Divorce Est. 2005

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Family violence doesn’t just mean physical abuse

Family violence doesn’t just mean physical abuse. Under Australian family law, it includes a wide range of behaviours that cause fear, harm, or control over another family member.

This page breaks down what family violence means, how the law responds, and what protections are in place to keep individuals—especially children—safe.

We keep it simple, practical, and grounded in real-life situations.

1. What Is Family Violence?

In Australian family law, family violence is defined broadly. It’s not limited to physical assault. It can include:

  • Verbal abuse, threats or yelling

  • Controlling money or who you see

  • Damaging property

  • Emotional or psychological abuse

  • Sexual abuse or coercion

  • Threats of harm—to you, your children, pets or others

  • Isolating someone from friends, family or community

Example
After Lily left her partner, he would call constantly, send threatening messages, and try to control when she could see their children. Even though he hadn’t physically harmed her, the court still recognised it as family violence.

2. How Does the Family Court Respond to Family Violence?

Family violence is taken seriously under the Family Law Act. If you or your children are affected, the court must consider:

  • The need to protect family members (especially children)

  • Whether a parent poses a risk to the child

  • Any history of domestic violence or abuse

This can affect parenting arrangements, including whether a parent has supervised contact, limited time, or no contact at all.

3. What Legal Protections Are Available?

There are a few ways the law can help:

  • Family Violence Orders (also known as AVOs, DVOs, or IVOs depending on your state) – these are court orders that prevent someone from approaching or contacting you.

  • Urgent parenting orders – if you need immediate protection for your child.

  • Support services – including Legal Aid, domestic violence services, and family dispute resolution with safeguards in place.

Tip
If you’re in immediate danger, contact police or a 24-hour family violence service. You can still work through parenting or property matters later.

4. What If the Violence Isn’t Physical?

The court recognises emotional, financial, and psychological abuse too. Coercive control—such as constantly tracking someone’s movements or preventing them from working—is also considered family violence.

Example
Ben’s partner wouldn’t let him access their joint bank account or leave the house without permission. He felt trapped and fearful. With help from a local service, he applied for an intervention order and began family court proceedings.

5. Children and Exposure to Family Violence

Children don’t have to be direct victims to be affected. The court takes exposure seriously—such as seeing or hearing violence, or being scared during fights.

Judges are required to prioritise the safety of children when making decisions about parenting orders.

Final Thought

Family violence comes in many forms—and it’s not always obvious. If you’re feeling controlled, unsafe, or emotionally drained, help is available. The law is on your side, and you have options to protect yourself and your children.

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