Family Violence Lawyers Melbourne

The Family Law Act 1975 (Cth) (“FLA”) governs family violence in family law proceedings in the Commonwealth Courts. Family violence is defined as violent, threatening, harmful behaviour by a person that coerces or controls a member (or members) of the person’s family (the family member) or causes the family member to be fearful.

Physical or sexual abuse

This can include assault or causing personal injury to a family member, sexually assaulting a family member, engaging in sexually coercive behaviour or threatening such behaviour.

Emotional or psychological abuse

Emotional or psychological abuse means behaviour by a person towards another person that torments, intimidates, harasses or is offensive to the other person.

This can include repeated derogatory taunts, preventing a person from making or keeping connections with the person’s family, friends or culture, and threatening to commit suicide or self-harm with the intention of intimidating a family member or threatening the death or injury of another person.

Economic abuse

Economic abuse is behaviour that is coercive, deceptive and unreasonably controls another person without that person’s consent in a way that undermines that person’s economic or financial autonomy or withholds or threatens to withhold financial support necessary for reasonable living expenses.

This can include preventing a person from having access to joint financial assets for the purposes of meeting normal household expenses, disposing of property owned by a person or owned jointly with a person against the person’s wishes and without lawful excuse, and coercing a person to relinquish control over assets and income.

Coercion or control, coercive control fear for safety

Any behaviour that coerces, controls or causes the family member to be fearful for their safety or wellbeing or for the safety or wellbeing of another person is family violence.

Examples include intentionally harming or threatening to harm an animal, damaging or threatening to damage property, preventing the family member from keeping connections with friends or family, denying their liberty or stalking.

A child hearing, witnessing or otherwise exposed to any of the above

A child can be exposed to family violence by overhearing threats, seeing or hearing an assault, providing or comforting assistance to a family member who has been physically abused by another family member, or cleaning up a site after a family member has intentionally damaged another family member’s property.

Family violence can significantly impact parenting matters, as the safety and wellbeing of children are the Federal Circuit and Family Court’s primary concern. In situations of family violence, courts may limit or supervise the abusive parent’s contact with the children. The court may also make orders for protection, such as supervised visits, restricted parenting time or no contact, to ensure the child’s safety and emotional health.

Recent changes to family law in Australia emphasise the importance of protecting children from harm, including the effects of family violence. Under the Family Law Amendment (Family Violence and Other Measures) Act 2018 and the recent 2024 Family Law Act Amendments, the courts now have a greater focus on the safety of children and family violence when making decisions about parenting arrangements.

Family violence can influence property settlement in divorce or separation proceedings. If family violence is proven, it may affect the way assets are divided as courts consider the impact of abuse on the victim’s financial and emotional wellbeing. In some cases, the abusive partner may receive a smaller share of the property or assets to account for the harm caused by their behaviour.

Recent reforms in Australian family law have strengthened how family violence is considered in property settlements. The Family Law Amendment (Family Violence and Other Measures) Act 2018 and 2024 Family Law Amendments have made it clear that the impact of family violence can be a relevant factor in the division of property. The courts now have more discretion to adjust the property settlement to reflect the abuse, such as awarding a greater share of assets to the victim of family violence. These changes aim to ensure that victims are not disadvantaged by the abuse they experienced when determining financial settlements.

An intervention order is not a criminal matter; it is a civil matter. A Family Violence Intervention Order (IVO) is a court order aimed at protecting individuals from family violence. It places conditions on the alleged abuser, like no contact or staying away. The burden of proof is lower, and the order focuses on safety, not punishment.

A criminal charge is a formal accusation made by the police for offences like assault or sexual violence. The prosecution must prove the crime beyond a reasonable doubt. If convicted, the offender may face penalties like fines or imprisonment. Breaches and certain types of family violence are criminal offences in Australia, though. Offences such as assault, stalking, sexual violence, and threats within a family or domestic context are punishable under criminal law.

Punishments for domestic violence in Australia vary based on the severity of the offence. Convictions may result in fines, restraining orders, or imprisonment. Serious cases of physical or sexual violence can lead to long prison sentences.

1. Seek legal protection: Apply for an IVO or other legal protections.
2. Police intervention: Report to the police for investigation and potential charges.
3. Support services: Access domestic violence support services for assistance and guidance.
4. Counselling & therapy: Seek counselling for both the victim and the perpetrator to address underlying issues.

If you believe an IVO has been placed on you incorrectly and you have not committed family violence, you can contest the order in court. You should seek legal advice from a professional family violence lawyer to help you understand your rights and options.

In Victoria, breaching a Family Violence Intervention Order (IVO) can result in serious penalties. The penalties depend on the severity of the breach.