What is family violence?
There is a common misconception that for behaviour to be considered family violence or domestic violence there must be physical abuse. The reality is that physical violence is only part of what constitutes family violence or domestic violence.
In this week’s article we examine the definition of family violence through the Family Law Act 1975 and explore some behaviours which may be considered family violence.
What is family violence?
Under the Family Law Act, family violence is specifically defined as behaviour which is “violent, threatening or other behavior by a person that coerces or controls a member of the person's family or causes the family member to be fearful.”
This behaviour can take many forms, such as: -
physical violence such as hitting, kicking, punching, biting or other assaults;
stalking someone, leaving notes on their car, leaving strange or unwanted gifts left at their home, vandalising or damaging their property, repeatedly sending offensive, or unwanted letters, text messages, emails, and phone calls.
making repeated derogatory comments, belittling comments, someone continuing to call you names after you have asked them to stop;
sexually abusive behaviour, forcing someone to have sexual intercourse, rape, coerced nudity, unwanted touching;
hurting or killing a pet or animal to punish you for going against their wishes;
damaging or destroying another person’s property;
refusing to allow a person access to money, removing access to bank accounts, running up debts in another person's name, not allowing someone to have a job or earn an income;
not allowing someone to have contact with family members, friends or other people in their life,
monitoring activities such as where a person is going, who they are going out with, what they are doing;
accusing someone of cheating, or cheating themselves and blaming the other person for their actions;
continual undermining of someone's self-confidence or self-worth, telling someone that they are lucky to be with them and they will never find someone better than them.
You do not need to be physically injured to have suffered domestic violence.
When is a child exposed to family violence?
The Family Law Act considers a child has been exposed to family violence if the child hears or sees the family violence, or otherwise experiences the family violence.
This means that the child does not need to experience the family violence personally to be considered to have been exposed to family violence. Some situations where a child may have been exposed to family violence are: -
if the child has overheard a family member threatening another family member or has seen the assault of a family member;
if the child has provided comfort or aid to a family member after they have been assaulted;
if the child has cleaned up after an assault of a family member or cleaned up property that was damaged.
What can I do if I am experiencing family violence?
If you need urgent help due to family violence, call 000 and speak with NSW Police.
There are many support services for victims of family violence. We have collated a few of the services that can provide support to women and men who have experienced family violence.
NSW Domestic Violence line: 1800 65 64 63
This is service is available 24/7 for women experiencing domestic violence. The calls are answered by trained female caseworkers, who understand the sensitivity of your situation. These women are trained to understand the needs of aboriginal women, and women of other nationalities. They will provide you with information on your options, such as: -
Whether you need hospital care, counselling, or family support;
Help you understand what an Apprehended Violence Order is and how to obtain one;
Develop a safety plan and emergency accommodation for you and your children;
Organise transport for you and your children; and
Help you speak with your solicitors, Courts or Police officers.
Men’s Line Australia: 1300 78 99 78 | www.mensline.org.au
Men’s Line Australia provides men experiencing domestic violence with a 24/7 free online and telephone counselling. The counselling staff are all qualified psychologists, social workers or counsellors who are trained to listen and provide options to help you through your situation.
The Men’s Line Australia website provides you with programs and articles to help give you guidance and understanding of the situation you are going through. You do not need a referral to access this support.
1800 RESPECT: 1800 737 732 | www.1800respect.org.au
1800 Respect provides counselling, information and support services for victims of domestic, family and sexual violence.
It offers both web chat and telephone counselling are available, information for people thinking about leaving a family violence situation, and information for people supporting a victim of domestic and family violence.
The website also has links to local services.
