Many people assume that within a household, only physical violence counts as “family violence”. That understanding is seriously mistaken. Australian law takes what is effectively a zero-tolerance stance on “family violence”, and its definition of such conduct is accordingly very broad. Today we look at things you may not know about “family violence” under Australian law.

What is family violence?

In Australia, family violence is not merely morally reprehensible conduct — it is a criminal offence!

The definition of “family violence” in Australia is very broad, and the commonly pictured “hitting and kicking” is only one of many forms of such conduct. According to the NSW Police Force website, the following behaviours can all be classified as family violence:

1. Intimidation

2. Stalking

3. Physical abuse

4. Sexual abuse

5. Verbal abuse / threats

6. Psychological abuse

7. Threats to harm another person or to harm pets

8. Escalating levels of abuse and violence

9. Threats to damage property, or actual damage to property

10. Financial deprivation and social isolation

11. Coercive control — used to maintain control over the victim’s behaviour, or to subject them to emotional or physical torment and force them to live in fear

In other words, conduct such as verbal insults and abuse, withholding a partner’s financial means, highly controlling behaviour that prevents normal social contact, intimidation and threats — including what we commonly call PUA tactics — may still constitute “family violence” in Australia even without any physical contact. Family violence also has no gender limitation: although statistics show that most victims are women, men can equally be victims of family violence.

Apprehended Domestic Violence Order (ADVO)

What is an Apprehended Domestic Violence Order (ADVO)? In Australia, where a victim or the police believe that the victim’s personal safety is under threat, the purpose of applying for an ADVO is to stop the alleged offender from doing certain things. For example, the court can order one party not to come within a certain distance of the other party, not to contact the other party, or not to visit the other party, and so on. Common examples include prohibiting A from attending B’s home or workplace, or prohibiting A from approaching B by text message, phone call or similar means. Generally the police can apply for an ADVO on the victim’s behalf, or the victim can apply personally. As a rule, however, if the police decide to prosecute, they will in most cases apply for an ADVO for the victim at the same time.

Who can apply for an ADVO?

Under the legislation, the category of family violence victims and ADVO applicants can include people in a current or former marriage, a current or former de facto relationship, other intimate relationships, a current or former relationship where the parties live or lived under the same roof, carer relationships, relatives, and so on.

What if you disagree with the ADVO?

Are there serious consequences to having an ADVO made against you? The answer is yes. For example, if you have an ADVO on your record, it may have a very adverse impact if you later seek custody of your children.

If you consider the ADVO does not reflect the facts or you dispute it, you can defend yourself. You can take the following approaches:

1. Apply for an ADVO against the other party (cross application)

If you believe that the other party has in fact threatened you, you can, on reasonable grounds, demonstrate that you have been subjected to a threat of personal harm and apply for a new order against them.

2. Respond to the other party’s ADVO (respond to the application)

If you do not accept the facts as stated by the other party, you can respond and state that the facts alleged by them are fabricated rather than true.

Family violence as a criminal offence

Family violence can involve many different criminal charges. The most common is common assault. Although the offence is called “assault”, common assault is by no means limited to physical attacks such as hitting and kicking. Conduct such as threatening to attack the other person, or even throwing objects at someone or spitting at them, can also amount to common assault.

Other charges can include assault occasioning actual bodily harm, and stalking or intimidation. Once a criminal family-violence charge is proved, it leaves not only a criminal record but potentially a prison sentence.

Possible defences

Of course, there are also some commonly relied-on defences to family violence, which may serve as a full or partial defence.

Taking common assault as an example, common defences include:

1. Self-defence

2. Having been coerced or compelled to commit the conduct

Where the defendant is charged with stalking or intimidation, possible defences include that the defendant did not engage in the conduct, or that the conduct does not amount to stalking or intimidation.

Whether to plead guilty

Pleading not guilty

If you are charged with family violence and do not know how to respond, you can speak with our specialist lawyers for an assessment. Our specialist team will develop a defence strategy tailored to the circumstances of your case.

Pleading guilty early

Under Australian law, where a defendant admits the facts charged and the evidence is strong, Australia generally encourages the defendant to enter an early plea of guilty.

An early plea of guilty may, within what the law permits, reduce the criminal penalty imposed on the defendant; as a general rule, the earlier the plea, the greater the potential reduction. The judge nevertheless retains a discretion over whether any reduction is granted. At the same time, an early plea can also save time, money and other resources.

In closing

Is only physical conflict family violence? Australian law says: no. Conduct such as stalking, intimidation and verbal abuse can all constitute family violence. In Australia, family violence can amount to a criminal offence, and victims can apply for an order restraining the alleged offender from a range of conduct. If you disagree with an order, or dispute or have doubts about the facts alleged against you, please seek assistance from our specialist team.