Family violence is now a central consideration in Australian family law proceedings. It is relevant not only to parenting arrangements, but also to property settlements and future needs assessments. However, while the law recognises the seriousness of family violence, courts can only act on what is clearly articulated and proved.
Understanding what legally constitutes family violence — and why its impact matters — is the first step.
The Legal Definition of Family Violence
Section 4AB of the Family Law Act 1975 (Cth) defines family violence 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.
The definition is deliberately broad. Family violence is not limited to physical assault and does not require injury. The focus is on coercion, control and fear.
Section 4AB(2) provides a non-exhaustive list of examples, including:
- emotional or psychological abuse
- repeated derogatory taunts
- intimidation or threats
- financial abuse or denial of financial autonomy
- stalking, surveillance or monitoring
- isolating a person from family, friends or support
- damaging or destroying property
- exposing children to family violence
The breadth of the definition reflects the reality that family violence often occurs in subtle, cumulative and non-physical ways.
Why Family Violence Matters in Family Law Proceedings
Family violence is relevant to:
- parenting orders and risk assessments
- determinations of a child’s best interests
- contribution assessments in property matters
- future needs considerations
While the court is permitted — and in some cases required — to consider family violence, allegations must still be proved. Recognition of family violence does not displace the evidentiary task.
The Impact of Family Violence on Adults and Children
Courts increasingly recognise that family violence can have a profound impact on:
- parenting capacity
- emotional and psychological wellbeing
- a party’s ability to make financial and non-financial contributions
- children’s development and sense of safety
Harm is not confined to direct physical abuse.
In Khatri & Khatri (2024) FLC94-207, the Full Court confirmed that harm to children in an abusive household is not limited to direct abuse. A pattern of abuse directed at one parent may be just as damaging to children as abuse aimed at them directly.
This reflects a judicial understanding that exposure to fear, control and intimidation can itself cause harm.
FAQs
What counts as family violence in family law?
- Family violence includes physical, emotional, psychological and controlling behaviour that coerces or causes fear. Physical injury is not required.
Is emotional abuse family violence?
- Yes. Emotional or psychological abuse can constitute family violence where it involves coercion, control or fear.
How To Get Help
If you are in immediate danger, call 000.
For confidential, 24-hour support and safety planning, contact 1800RESPECT.
Family violence is not always obvious — particularly when it is non-physical, gradual, or has been normalised over time. Many people seek legal advice unsure whether what they experienced “counts”, or believing that because there was no physical violence, the court will not take it seriously.
The law recognises a much broader range of behaviours than many people realise. However, how those behaviours are explained, contextualised, and supported by evidence matters.
If you are navigating separation, parenting arrangements, or a property settlement and family violence may be relevant — even if you are uncertain — early advice can provide clarity and reduce risk.
At Powell Family Law, we offer strategy meetings designed to help you:
- understand whether the law may recognise your experience as family violence
- assess how family violence could affect parenting or property outcomes in your specific circumstances
- identify legal and safety considerations before positions are taken or documents are filed
- map out practical next steps at a pace that feels manageable for you
You can book a strategy meeting directly through our online calendar, choosing a private appointment time that suits you, without needing to make an initial phone call. A strategy meeting is not about rushing you into court or escalating conflict — it is about giving you clarity, options, and a plan.
This Article Forms Part of a Series
This article forms part of our Proving Family Violence in Family Law Cases series, which explores how family violence — including coercive control — is defined, identified, evidenced, and assessed by Australian family law courts.
