What is family violence?
The Family Law Act 1975 (Section 4) defines family violence as:
'conduct, whether actual or threatened, by a person towards, or towards the property of, a member of the person's family that causes that or any other member of the person's family reasonably to fear for, or reasonably to be apprehensive about, his or her personal well-being or safety.'
A note to the definition (Section 4 of the Act) states: ‘A person reasonably fears for, or reasonably is apprehensive about, his or her personal wellbeing or safety in particular circumstances if a reasonable person in those circumstances would fear for, or be apprehensive about, his or her personal wellbeing or safety.’
The Courts (through the Family Court’s Family Violence Strategy) have adopted this description of the elements of violence:
Family violence covers a broad range of controlling behaviours. They are commonly of a physical, sexual, and/or psychological nature, and typically involve fear, harm, intimidation and emotional deprivation. This may include verbal abuse, threats, harassment, intimidation and controlling behaviours, such as limiting access to friends, relatives, finances etc. It occurs within a variety of close interpersonal relationships, such as between spouses, partners, parents and children, siblings, and in other relationships where significant others are not part of the physical household but are part of the family and/or are fulfilling the function of family.
Common forms of violence in families include:
- spouse/partner abuse (violence among adult partners and ex-partners)
- child abuse/neglect (abuse/neglect of children by an adult)
- parental abuse (violence perpetrated by a child against their parent), and
- sibling abuse (violence between siblings).
Family violence can affect not only a person’s safety, but also:
- their readiness to take action in a family law matter
- their willingness to come to the Courts
- their ability to participate in court events, and/or
- their ability to achieve settlement of their dispute through negotiation.