Kelly Leydon, Principal Lawyer, Accredited Specialist in Family Law
CONTENT WARNING: THIS STORY DISCUSSES FAMILY AND INTIMATE PARTNER VIOLENCE.
What is family violence?
Family violence (also known as domestic violence) refers to behaviour by a family member that is violent, threatening, coercive or controlling. It includes physical, sexual, psychological, emotional and financial abuse, and can be perpetrated by both intimate and non-intimate partners.
The Family Violence Protection Act 2008 outlines several examples of conduct that may constitute family violence, including (but not limited to):
- assault
- sexual assault
- stalking
- repeated derogatory taunts
- intentionally damaging or destroying property
- unreasonably denying financial autonomy
- unreasonably withholding financial support needed for reasonable living expenses
- preventing the victim from maintaining connections with family, friends or culture.
What is intimate partner violence?
Intimate partner violence refers to any behaviour within a current or former intimate relationship that causes physical, sexual or psychological harm. This can occur in relationships of varying levels of commitment, including marriages, de facto partnerships, and casual dating relationships.
What is coercive control?
Coercive control is a pattern of behaviour used by perpetrators to dominate and isolate another person, depriving them of autonomy, liberty and independence. Over time, this form of abuse can instil fear and undermine the victim’s sense of self.
Examples include:
- constant criticism or humiliation, including challenging the victim’s role as a partner or parent
- pathological jealousy
- threats to expose sensitive or confidential information
- isolation from friends and family
- limiting access to money and controlling spending
- coercing into sexual relations
- coercing into illegal activity (e.g. drug use or theft).
What is surveillance and stalking?
Stalking involves a repeated pattern of unwanted behaviour that causes fear or distress and aims to undermine the victim’s safety and independence. Surveillance tactics – such as monitoring a victim’s movements or communications – are often used to exert ongoing control. In many cases, this behaviour is part of a longer-term pattern of abuse.
What is technology-facilitated abuse?
Technology-facilitated abuse includes behaviours such as stalking, surveillance, threats, harassment, and the non-consensual sharing of intimate images. Perpetrators may exploit digital devices, software, social media platforms or online accounts to control and abuse victims. While not a separate category of violence, it is a method of exerting power, instilling fear, and sustaining abuse within the context of family violence.
What are my legal rights?
After an incident of family violence, anyone – including the victim, a witness, or a concerned third party – can contact the police. If the behaviour constitutes a criminal offence, police may formally record the incident.
Victims may also apply for an Intervention Order (IVO). Police can apply for an IVO on behalf of a victim. An IVO is a legal order intended to protect individuals from family violence.
Once an application is made, it will be served on the respondent (the person the order is against), who must then attend court. A magistrate may make an interim or final IVO if they believe:
- The respondent has committed family violence
- The behaviour is likely to happen again, and
- The applicant fears for their safety.
Breaching an IVO is a criminal offence. If this occurs, you should contact police immediately.
If you are in danger, always call triple zero (000).
What about going to court?
Family violence can significantly impact a person’s ability and willingness to attend court, especially for property or parenting disputes. If you feel unsafe attending a court event in person and cannot bring a support person, you can request to attend by telephone or video link, or have a ‘safe room’ allocated to you so you will not come into contact with the perpetrator.
When commencing parenting proceedings in the Federal Circuit and Family Court of Australia, you must file a Notice of Child Abuse, Family Violence or Risk. This mandatory form alerts the Court to any allegations or risks involving family violence or child abuse.
In 2019, amendments to the Family Law Act introduced further protections for victims. Notably, personal cross-examination by an alleged perpetrator is now prohibited in certain circumstances where family violence is alleged.
The Court has also introduced the Lighthouse Project, a risk-screening initiative aimed at identifying and managing family violence risks early in parenting cases.
Regardless of whether you are attending court, if you are concerned for your safety or your children’s, contact 000 immediately.
Increased access to legal services
The ANMF (Vic Branch) legal partners at Gordon Legal can assist members with legal advice and representation related to family violence. They offer:
- a free initial consultation, and
- a 10% discount on future legal fees for ANMF (Vic Branch) members for all family law matters.
The Branch also has dedicated funding available to assist members experiencing family violence. This can be discussed confidentially during your consultation with Gordon Legal.
