The law
The law can be tricky to understand and apply when it comes to domestic and family violence. Here are some basic definitions and legal statements to help you understand more.
Legal definition of domestic violence in Australia
"Domestic violence means behaviour by a person towards another person with whom the first person is in a relevant relationship that is physically or sexually abusive, emotionally or psychologically abusive, economically abusive, is threatening, is coercive or in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing, or that of someone else."
(Domestic and Family Violence Protection Act 2012 (Cth) s.8.1 (Austl.)
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What is family violence in law?
What are my rights as a child?
The government has a responsibility to "protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse​" (Article 19).
International Convention on the Rights of the Child
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. This means that child protection services may step in to make sure a child is safe by:
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Investigating the situation
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Offering support services (eg. accomodation support) to help a family
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Removing a child from a harmful environment and placing them in safe care
Frequently Asked Questions about the law
Find more answers to frequently asked questions on our FAQ page.
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Is domestic violence a crime?
"Behaviours expressed through domestic abuse are considered criminal offences and are therefore punishable by law. These include assault, sexual assault, making threats about a person’s safety or life of their children, animals and loved ones, stalking, financial abuse, stealing or damaging of property and breaching restraining orders" (YourToolkit.com)
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What does the law say about child safety and domestic violence?
"Under section 4AB of the Family Law Act, a child is exposed to family violence if the child sees or hears family violence or otherwise experiences the effects of family violence" (FCFC).
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What happens if I call 000 or report domestic violence?
Whilst every scenario is different, Police will consider the risk of the offender and the safety of those involved. If the offender is a serious threat, it is likely they will be taken into Police custody. Every circumstance is different however, and due to the high rates of domestic violence, Police resources may be limited in various locations.
What can be done to protect a person from violence?
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Courts can issue violence protection orders that legally prohibit an offender (the person being abusive towards someone) from contacting or approaching the person at risk.
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Police can be called upon to intervene in violent situations, remove the perpetrator, and provide access to helpful remedies.
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Victims can pursue legal remedies through the courts, including criminal charges against the perpetrator, with support from legal aid services and victim advocates.
Violence protection orders
A violence protection order is a court order issued to an offender of violence when the victim's safety and wellbeing is at threat. It means that it is illegal for the offender to come near the protected person.
Violation of protection orders
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If an offender of domestic violence, who has been issued a protection order, seeks contact with the protected person or people, they are committing a crime.
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The penalties for violating protection orders vary in every state and territory. See below for the maximum penalties enforced for breaching these orders.
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*Above information may be subject to change. Last updated October 2024
Family Violence Law Australia suggests that "if you have a Domestic Violence Order for your protection and the other person breaks the conditions, you should call the police immediately." If possible, try and find a safe or public area where you can receive help. Click here to read more.
Family violence law help
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 use the following link:
