With the new Omicron variant emerging, many people’s first reaction might be: oh no, are we heading back into lockdown!? (PS. The Prime Minister has said we will not return to Lockdown.)

The past two years of lockdowns have given people PTSD — really. Just ask residents of Victoria and New South Wales; they will nod with tears in their eyes. Adjusting to the pace of life isn’t hard — what’s hard is the psychological adjustment. Being cooped up is stifling; even healthy people start developing issues.

Calls for help relating to mental-health issues and family violence surged during pandemic lockdowns, yet lockdown restrictions made available support more limited than usual. So today’s legal explainer is something to have on hand just in case — useful knowledge, though we hope you never have to use it.

The term “family violence” always suggests blood and physical violence, but the federal definition of family violence goes far beyond that. Many clients who come to us for legal advice don’t realise that they are in fact either perpetrators or victims of family violence. If one party in a family engages in family-violence conduct, it will have a significant impact on parenting matters.

This article briefly explains what kinds of behaviour are recognised in law as family violence.

Family violence goes far beyond physical violence

The definition of family violence under the Family Law Act (s 4AB Family Law Act) refers to a person coercing or controlling a member of their family (family member), or violent, threatening or other behaviour that causes that family member to be fearful.

The Family Law Act also provides many examples to explain this definition. For instance, where one family member commits an act of violence, rape or sexual assault against another (marital rape and sexual assault are unlawful in Australia). Other examples include stalking, repeated belittling or mockery, intentionally damaging or destroying property, and intentionally causing the death of or injury to an animal. These are treated as family violence because such behaviour is typically intimidating in nature.

For example, receiving threatening letters

A client once received a letter in court from her ex-husband. Inside the envelope was a photograph of a rabbit. The client felt extremely frightened when she saw the contents of the letter. It later emerged that her ex-husband had once killed a rabbit in front of her, so the underlying meaning of the letter was in fact a warning or threat directed at our client.

Or, for example, unreasonably withholding the financial support needed for daily living

Many people who suffer family violence dare not expose or report it. One important reason is fear of losing their source of living and financial support — this is particularly common among migrant women, especially where visa sponsorship is involved.

However, what people may not realise is that unreasonably depriving a family member of the financial autonomy they should enjoy, or — where that family member is wholly or mainly dependent on the person for financial support — unreasonably withholding the financial support required to meet the reasonable living expenses of the family member or their children, is itself a form of family violence. This kind of family violence is more a matter of psychological pressure.

In other words, if a homemaker loses her source of income because she has “angered” her husband, she is being controlled by her husband — and that is psychological family violence.

 Another example: being prevented from normal social contact with friends and family

Further, preventing a family member from establishing or maintaining connections with their family, friends or culture; or unlawfully depriving a family member, or any member of their family, of their liberty, can also be considered family violence.

The reason is that if a person is completely cut off from the outside world, they become wholly dependent on their partner — and in such circumstances, psychological violence and control are much more likely to occur.

If you suffer family violence, you can call the police and can also apply for a Family Violence Intervention Order

Reporting to Police and Applying for a Family Violence Intervention Order

If family-violence conduct causes you to feel that your personal safety — or that of your children — is at risk, we recommend you contact the police.

Australian police have very well-established procedures for handling family violence. After you report it, you can decide whether to press charges against the perpetrator. However, in very serious cases of family violence, police will apply to prosecute even if you do not wish to press charges. The prosecution referred to here is criminal prosecution. In other words, the perpetrator may face imprisonment.

That said, regardless of whether the family-violence conduct involved physical violence, if you are fearful of the other party you can apply for a Family Violence Intervention Order and include your children as protected persons. If the application is successful, the perpetrator will not be able to come near you. If the perpetrator breaches the order, you can call the police. Because breaching such an order is a criminal offence, police will deal with it in accordance with the law.

The perpetrator may face many other consequences

In addition to the consequences described above, the perpetrator may be at a disadvantage in parenting matters. Furthermore, the perpetrator will not be able to apply for a Working With Children Check. That means any job that may involve contact with minors will not hire the perpetrator.

Australia Takes Family Violence Very Seriously and Continues to Refine the Relevant Laws

Australia takes family violence very seriously. We can help you and your children from a legal standpoint. However, the psychological impact of family violence on a person is not something the law alone can resolve.

For perpetrators, we recommend undertaking some Anger Management courses, or programs for quitting alcohol or drug addiction, to demonstrate to the judge your genuine commitment to reform.

If you are a victim, we recommend finding a social worker. Because Australia places a great deal of importance on this field, many social workers are free of charge. Having someone who can understand your situation and support you psychologically is very important. However, if the psychological trauma is very deep, we recommend seeking out a reliable psychologist.