Family Violence in Australia

Family violence is a serious and widespread issue in Australia. It refers to violent, threatening, or controlling behaviour that occurs within a family or domestic relationship. This can include partners, ex-partners, parents, children, siblings, and other relatives or household members.

Each state and territory has its own legal framework, but the criminal justice system treats family violence as a priority. Offenders can face criminal charges, intervention orders, and imprisonment.

What Is Family Violence?

Family violence can take many forms, including:

• Physical assault (e.g., hitting, choking, pushing)

• Sexual abuse or coercion

• Verbal abuse and threats

• Emotional or psychological abuse

• Stalking or surveillance

• Financial abuse (e.g., controlling money)

• Damage to property

• Isolation from friends and family

Under Australian law, violence is not limited to physical injury — any behaviour that causes fear or control may be classified as family violence.

How Police Lay Charges

Police take family violence reports seriously and may lay charges even without the victim’s consent. The process usually follows these steps:

1. Incident Reported – A victim, neighbour, friend, or professional (e.g., doctor) reports suspected family violence.

2. Police Attend – Police assess the scene, speak to involved parties, and gather evidence.

3. Arrest or Intervention – If there’s reasonable belief that violence occurred, the alleged offender may be arrested or removed from the premises.

4. Charges Laid – Based on the evidence, police may charge the offender with criminal offences such as assault, stalking, or property damage.

5. Protection Order – Police may apply for a temporary intervention or protection order (e.g., ADVO) to protect the victim.

What Evidence is Needed?

While family violence often happens behind closed doors, charges can still be laid using:

• Victim statements

• Witness statements (e.g., children, neighbours)

• Photographic evidence of injuries or property damage

• Text messages, emails, voicemails, or social media posts

• Audio/video recordings (if legally obtained)

• Medical or psychological reports

• Police body-worn camera footage

A victim does not need to press charges — police and prosecutors can proceed based on available evidence.

The Court Process

1. First Court Appearance (Mention): The accused appears in court, bail may be considered.

2. Intervention Order Hearing: A separate hearing may occur regarding any protection orders.

3. Plea: The accused pleads guilty or not guilty.

4. Hearing or Trial: Evidence is presented; witnesses may be cross-examined.

5. Verdict & Sentencing: If found guilty, the court imposes a penalty, which may include imprisonment, fines, community orders, or mandated counselling.

If children are involved, the matter may also intersect with Family Court proceedings.

Examples of Family Violence Offences

1. Physical Assault: A man punches his partner during an argument — charged with assault occasioning bodily harm.

2. Coercive Control: A woman tracks her partner’s phone, isolates them from family, and controls their bank account — potentially charged under stalking, intimidation, or economic abuse provisions.

3. Breach of Order: A man contacts his ex-partner despite a protection order banning communication — charged with breach of ADVO, which may lead to prison time.

What to Do If You Are a Victim

• Call 000 in an emergency

• Seek a protection order through police or court

• Contact support services like 1800RESPECT (1800 737 732)

• Speak to a family lawyer about your legal rights

• Document all incidents, even if charges are not laid immediately

What to Do If You Are Accused

• Do not breach any protection order

• Seek legal advice immediately

• Comply with bail and court conditions

• Do not contact the alleged victim

• Be aware that statements and electronic records can be used as evidence