What is Family Violence?

Family violence is a serious social issue that affects everyone in a family – children, parents, and other members of the extended family.

The Court is guided by the following principles in responding to family violence concerns:

• Safety is a right and a priority for all who attend and work at the Court.

• Family violence affects everyone in a family, including children.

• Family violence can occur before, during, and after separation and it may affect the ability of people to make choices about their family law matter and to take part in court events.

• The Courts have a particular concern about the immediate and possible longer-term adverse impacts on children who experience or witness family violence.

• Even if children do not directly witness the violence, they are often very aware of it.

The Family Law Act 1975

Section 4AB of the Family Law Act 1975 describes family violence as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or cause the family member to be fearful.

Examples of behaviours that may constitute family violence include (but are not limited to):

• assault (including sexual assault or other sexually abusive behaviour)

• stalking

• repeated derogatory taunts

• intentionally damaging or destroying property

• intentionally causing death or injury to an animal, or

• unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty

In 2011, the definition of family violence in the Family Law Act was expanded to incorporate notions of coercion and control (which are not always accompanied by physical violence or threats). The new definition of family violence came into effect on 7 June 2012.

At the same time, the Family Law Act was expanded, the definition of child abuse was amended to include serious psychological harm arising from the child being subjected to or exposed to family violence. For more information, read the definitions in section 4(1) of the Family Law Act

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Resources

Orange Door - “The Orange Door is a free service for adults, children and young people who are experiencing or have experienced family violence and families who need extra support with the care of children”. For more information - click here.

Domestic Violence Resource Centre - “The Domestic Violence Resource Centre Victoria (DVRCV) is a state-wide specialist family violence organisation. For over 30 years we have been working towards our vision of creating a world in which women and their children are thriving, respected and free from violence.” For more information - click here.

Safesteps - “We provide specialist support services for anyone in Victoria who is experiencing or afraid of family violence.” For a 24/7 Family Violence Hotline click here. For help with safety planning please click here.

Berry Street - “Berry Street provides programs to more than 35,000 children, young people, and families each year; including but not limited to youth engagement programs, therapeutic services for children and young people, out-of-home care, trauma services, and advocacy. For more information please click here.

Victorian Government Family Violence Statewide Support Service - To find a range of other service providers including the Kids Helpline, Child Protection Services, Rainbow Door, and many more please go to the Victorian Governments Family Violence Statewide Support Service by clicking here.

HelpPay – HelpPay is an Australian app that makes it easy to share bills with loved ones. All payments made via the app go direct to the company where the bill is owed and never to a personal bank account. It is a discrete way for those who care about you to help you get out of your current situation or get back on your feet quickly. Find out more by clicking here.

How can we help?

Hamilton Thomas Lawyers will act for you in regards to the creation and management of breaches of Intervention Orders, and a range of other Family Violence matters. For more information please call us on (03) 9067 5225 or click here to arrange a free 30-minute consultation. Alternatively, you can email us at contact@hamiltonthomaslawyers.com.au

For any family violence emergencies, please contact 000.