Under section 4AB of the Family Law Act 1975 (Cth), family violence is defined as:

“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.”

This means it’s not just about physical harm, it’s about power, control, and fear. The law acknowledges that abuse can happen in many different ways, even if there are no visible injuries or police reports.

Here are some examples of what the court recognises as family or domestic violence:

Emotional or Psychological Abuse

• Constant criticism, humiliation, or verbal abuse
• Threatening self-harm to control another person
• Isolating someone from friends or family
• Stalking or monitoring behaviour (including online)

Financial or Economic Abuse

• Restricting access to money or bank accounts
• Forcing someone to sign financial documents
• Running up debts in another person’s name
• Preventing someone from working or studying

Coercive Control
Coercive control is a pattern of behaviour designed to dominate or manipulate a partner over time. This might include surveillance, restricting movement, controlling communication, or making all major decisions. New laws across several Australian states, including Queensland and New South Wales, are recognising coercive control as a serious form of domestic violence.

Physical or Sexual Abuse

• Assault, intimidation, or threats of harm
• Destroying property or harming pets
• Forcing or pressuring someone into sexual acts

Technology-Facilitated Abuse

• Tracking a partner’s location using devices or apps
• Repeated unwanted messages or calls
• Sharing or threatening to share private images

The Family Court takes any allegation or evidence of family violence extremely seriously, especially where children are involved. Here’s how it can affect your case:

1. Parenting Orders
When deciding parenting arrangements, the court’s main concern is the best interests of the child. If there’s evidence of family violence, the court may:

• Restrict or supervise time with the child
• Limit communication between parents
• Prioritise the child’s safety above shared parenting arrangements

2. Property Settlement
Family violence can also affect how assets are divided. If one partner’s abusive behaviour made the other’s contributions to the relationship more difficult, for example, by isolating them or preventing them from working, the court may adjust the property settlement in favour of the victim.

3. Intervention and Protection Orders
In addition to Family Court matters, victims may seek protection orders (such as Domestic Violence Orders, or DVOs) through the local Magistrates Court. While these are separate from parenting cases, the Family Court will consider their existence and the underlying evidence.