What does domestic and family violence mean in law?
In the Australian Family Law Act 1975 (Cth), 'family violence' means violent, threatening or other behaviour by a person that coerces or controls a member of the person's family, or causes the family member to be fearful. There are different definitions for domestic violence in each State and Territory.
Broadly, domestic violence occurs when...
Someone in a close relationship with another person hurts or controls them and/or makes them scared for their safety or well-being. This may happen through physical abuse, sexual abuse, emotional abuse, psychological abuse, or involve threats and coercive control.
Domestic and family violence is never okay...
Frequently Asked Questions about the law
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Is domestic violence a crime?
What does the law say about children?
What happens if I call 000?
Often behaviours expressed through domestic abuse are considered criminal offences and therefore punishable by law. These offences include assault, sexual abuse, making threats, stalking, physical abuse etc.
Under s 4AB of the Family Law Act 1975 (Cth), a child is exposed to family violence if the child sees or hears family violence or otherwise experiences the effects of family violence.
Whilst every scenario is different, Police will consider the risk of the offender and the safety of those involved, including children. Police may then charge the offender if they have committed a crime and/or they may apply for a domestic violence order on behalf of the victim/s.
What about child protection laws?
In Australia, all people under the age of 18 are protected by child protection laws. This means that if someone like a teacher, doctor or police officer (mandatory reporters) believes a child is being abused, neglected or at serious risk of harm, they are required by law to report it.
What happens if someone makes a report about me or my family?
If someone is worried about your safety and makes a report, child protection services may:
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Investigate a situation and ask to talk to you privately
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Offer support services to help you stay safe or access support
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Consider whether you are at risk of serious harm and whether it unsafe for you to be in a certain environment
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What can be done to protect a person from violence?
Courts can issue a violence protection order.
Offenders can be charged with criminal offences like assault.
Victims can access legal aid for court proceedings and in some cases, receive victim compensation.
Police may connect victims with accommodation or financial support services.
What is a violence protection order?
A violence protection order is a court order issued to an offender of violence that usually prohibits them from going near or contacting a protected person. It can also order a person to be of good behaviour.
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Did you know there are all different names for violence protection orders in Australia?
Where can I get more legal help or information?
The Family Violence Law Help website is endorsed by the Australian Government and provides useful information and professional advice on the legal aspects of domestic violence. If you want to know more or are seeking legal support visit the following link:
