What does family violence mean in Australian family law?
The original article correctly says family violence is not limited to physical assault. It also correctly identifies emotional, financial and psychological abuse, threats, isolation and controlling behaviour as potentially relevant.
The updated legal definition is more precise. Under section 4AB of the Family Law Act 1975, family violence means violent, threatening or other behaviour by a person that coerces or controls a family member, or causes that family member to be fearful.
1. What behaviours can amount to family violence?
The Act gives examples including:
- assault;
- sexual assault or other sexually abusive behaviour;
- stalking;
- repeated derogatory taunts;
- intentionally damaging or destroying property;
- intentionally causing death or injury to an animal;
- unreasonably denying a family member financial autonomy;
- unreasonably withholding necessary financial support;
- preventing a person from maintaining connections with family, friends or culture; and
- unlawfully depriving a person or family member of liberty.
2. What is coercive control?
Coercive control generally describes a persistent pattern of behaviour used to dominate, control or isolate another person.
It may involve physical abuse, but it can also involve:
- monitoring movements or communications;
- controlling money;
- isolating someone from family or friends;
- controlling work, study or transport;
- repeated threats or intimidation;
- using children as a means of control; or
- creating ongoing fear even after separation.
State and territory criminal laws relating to coercive control are not uniform across Australia, so criminal consequences depend on the jurisdiction. The federal Family Law Act definition applies separately in family-law proceedings.
3. How can children be exposed to family violence?
A child does not have to be physically assaulted to be exposed to family violence.
The Family Law Act recognises exposure where a child sees or hears family violence or otherwise experiences its effects.
Examples can include:
- overhearing threats;
- seeing or hearing an assault;
- comforting a family member after violence;
- seeing damaged property after an incident;
- being present when police or ambulance officers attend; or
- living with the ongoing fear and instability created by violent or controlling behaviour.
4. How does family violence affect parenting cases?
When the Federal Circuit and Family Court makes parenting orders, the child’s best interests are the paramount consideration.
The current best-interests factors include:
- what arrangements promote the safety of the child and each person caring for the child;
- any history of family violence and any family violence orders;
- the child’s views;
- the child’s developmental, psychological, emotional and cultural needs;
- each proposed carer’s capacity to meet those needs; and
- the benefit of relationships with parents and significant people where it is safe to do so.
5. What parenting arrangements can the Court make?
Depending on the evidence, the Court can make orders dealing with:
Time with a parent can take place with an approved supervisor or through a contact service.
Changeovers can occur through a third party, at a contact centre or in another structured way.
Orders can regulate how parents communicate with each other or with the child.
In serious cases, the Court can restrict or stop time or communication where the child’s best interests require it.
6. What are family violence protection orders?
Protection orders are made under state and territory law and have different names across Australia — for example AVOs, intervention orders, family violence orders or domestic violence orders.
The exact conditions depend on the order. A protection order does not necessarily mean the same thing in every case or automatically prohibit all contact.
Conditions can restrict behaviour such as approaching, contacting, threatening, stalking or coming near particular places.
7. Do you have to tell the Family Court about a protection order?
Yes, if a relevant family violence order applies to the child or a member of the child’s family, the Court must be informed.
A copy of the relevant family violence order should be filed with the Court.
8. What is the Notice of child abuse, family violence or risk?
In parenting proceedings, the Court requires a mandatory Notice of child abuse, family violence or risk with an Initiating Application, Response or Application for Consent Orders seeking parenting orders.
This gives the Court early information about alleged abuse, family violence and risk.
9. What happens after serious allegations are raised?
The Court has statutory obligations to take prompt action in relation to allegations of child abuse or family violence.
It can consider:
- interim or procedural orders to protect children or parties;
- obtaining evidence quickly;
- information from police and child-protection agencies;
- risk assessment;
- expert evidence; and
- appropriate case-management protections.
The Court does not simply “accept” an allegation because it has been made. Allegations and denials are assessed through evidence and the Court process.
10. Do you have to attend Family Dispute Resolution?
Not always.
A section 60I certificate is generally required before filing a parenting application, but exemptions can apply where family violence, child abuse, risk or urgency makes ordinary FDR inappropriate or unsafe.
11. How can the Court make the process safer?
The Court has safety processes for family-law cases involving family violence.
Depending on the circumstances, protections can include:
- risk screening;
- remote or video participation;
- procedural arrangements aimed at reducing unsafe contact;
- restrictions on personal cross-examination in qualifying family-violence cases; and
- legal representation under the Commonwealth cross-examination scheme where its requirements are met.
12. What evidence may be relevant?
Evidence depends on the case and can include:
- police reports;
- protection orders;
- child-protection records;
- medical records;
- messages, emails and call records;
- photographs;
- financial records;
- school information;
- witness evidence; and
- expert or Court reports.
13. Can family violence also affect property proceedings?
Yes.
Since 10 June 2025, the Family Law Act expressly requires the Court, when determining property settlements, to consider the economic effect of family violence where relevant.
Economic or financial abuse can therefore be relevant not only to parenting and safety issues but also to financial and property proceedings.
14. What can you do if you feel unsafe or controlled?
- Call 000 if there is immediate danger.
- Contact 1800RESPECT for specialist support.
- Speak with police about protection-order options where appropriate.
- Get family-law advice about parenting, property or urgent Court applications.
- Keep records where it is safe to do so.
- Consider whether direct negotiation or FDR is safe.
- Use a safe device or communication method if digital monitoring is a concern.
15. Example — non-physical family violence
16. Family violence does not have to leave a physical injury
The legal question is broader than whether someone was physically assaulted
Australian family law recognises patterns of coercion, control and fear as well as physical violence. If family violence is relevant to parenting or another family-law dispute, the Court must consider safety and the available evidence when deciding what orders should be made.