What Is Family Violence?

If you are asking what is family violence, the answer is broader than many people realise. Under Victorian law, family violence is not limited to physical assaults. It can include emotional abuse, financial control, threats, intimidation, coercive behaviour, damage to property, stalking and a range of other behaviours that are used to control, dominate or cause a family member to fear for their safety.

Understanding what constitutes family violence is important because allegations of family violence can lead to Family Violence Intervention Orders, criminal charges and significant consequences for parenting arrangements, employment and firearms licensing.

At Wilkinson Lawyers, we regularly advise both applicants and respondents in Family Violence Intervention Order matters throughout Ballarat, Melbourne and regional Victoria. Whether you are seeking protection or responding to allegations, it is important to understand how family violence is defined under Victorian law.

How Is Family Violence Defined?

The Family Violence Protection Act 2008 (Vic) defines family violence broadly.

Family violence includes behaviour by a family member that:

• is physically or sexually abusive;

• is emotionally or psychologically abusive;

• is economically abusive;

• is threatening;

• is coercive;

• is controlling or dominating; or

• causes another family member to fear for their own safety or the safety of another person.

The court considers the overall behaviour of the parties and the impact that behaviour has had on the affected family member.

Does Family Violence Have to Be Physical?

No.

Many people assume family violence only involves physical assaults, but this is not the case.

Family violence can occur without any physical contact at all.

For example, family violence may include:

• repeated threats;

• intimidation;

• verbal abuse;

• controlling where a person goes;

• preventing someone from seeing family or friends;

• monitoring a person’s movements;

• reading another person’s messages without permission;

• controlling finances; or

• repeatedly contacting someone in a way that causes fear.

Whether particular behaviour amounts to family violence depends on the circumstances of each case.

What Is Emotional or Psychological Abuse?

Emotional or psychological abuse refers to behaviour that undermines another person’s confidence, wellbeing or sense of security.

Examples may include:

• repeated insults or humiliation;

• threats of self-harm to manipulate another person;

• isolating someone from family or friends;

• controlling who they speak to;

• intimidation; or

• repeated behaviour designed to frighten or control another person.

The court looks at the overall pattern of behaviour rather than focusing on a single isolated incident.

What Is Economic Abuse?

Economic abuse occurs when one person unreasonably controls another person’s financial resources or prevents them from supporting themselves.

Examples include:

• withholding money;

• preventing someone from working;

• controlling bank accounts;

• forcing a person to incur debts; or

• denying access to necessary financial resources.

Economic abuse is specifically recognised as a form of family violence under Victorian law.

What Is Coercive or Controlling Behaviour?

Family violence often involves a pattern of behaviour rather than one isolated incident.

Coercive or controlling behaviour may include actions designed to dominate another person, restrict their independence or make them fearful of the consequences of disobeying.

Examples include:

• controlling where someone goes;

• monitoring their phone or social media;

• threatening to take children away;

• damaging property;

• threatening pets;

• isolating someone from family and friends; or

• repeatedly intimidating another person.

Not every argument or disagreement amounts to family violence. The court considers whether the behaviour is controlling, coercive or causes fear for safety.

Who Can Be a Family Member?

Family violence laws apply to a wide range of family relationships.

This includes:

• current or former spouses;

• domestic partners;

• parents and children;

• siblings;

• relatives;

• people who share parental responsibility for a child; and

• other people regarded as family according to their relationship or cultural traditions.

The definition is much broader than simply married couples.

What Happens If Family Violence Is Alleged?

If family violence is alleged, several legal consequences may follow.

These may include:

• a Family Violence Safety Notice being issued by police;

• an application for a Family Violence Intervention Order;

• criminal charges where a criminal offence is alleged;

• restrictions on firearms licences;

• impacts on parenting arrangements; or

• conditions preventing contact with the affected family member.

Not every allegation results in a final Intervention Order or criminal charges. Each case depends on the available evidence.

Do I Need Evidence?

If you are applying for a Family Violence Intervention Order, the court will consider the evidence presented by both parties.

Evidence may include:

• witness statements;

• photographs;

• text messages;

• emails;

• social media communications;

• CCTV footage;

• medical records; or

• police evidence.

Similarly, if you are defending an application, it is important to gather any evidence that supports your version of events.

Why Early Legal Advice Matters

Family violence allegations can have significant legal consequences, even before a matter is finalised. An interim Intervention Order may affect where you live, who you can contact, your firearms licence and, in some cases, your employment or parenting arrangements.

Whether you are seeking protection or responding to allegations, obtaining legal advice early can help you understand your rights, preserve important evidence and make informed decisions about your case.

An experienced Intervention Order lawyer can explain how the law applies to your circumstances and represent you throughout the court process.

Speak to an Intervention Order Lawyer

If you need advice about family violence or have been served with a Family Violence Intervention Order application, Wilkinson Lawyers can help.

We regularly represent applicants and respondents in Family Violence Intervention Order proceedings throughout Ballarat, Melbourne and regional Victoria. We can explain your legal rights, assess the strength of your case and represent you in the Magistrates’ Court.

If you are asking what is family violence or need advice about an Intervention Order, contact Wilkinson Lawyers today to arrange a confidential consultation.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.