An Updated Legal Definition of Family Violence in Australia Explained

The legal definition of family violence in Australia has expanded in recent years to offer more protection to people experiencing harm and violence in their relationships. Now, family violence refers not only to physical assault.

The Australian law definition of family violence now includes a wide range of behaviours, such as emotional, psychological, and economic abuse. These changes to the definition help the courts better understand the full scope and impact of unhealthy and dangerous relationships.

If you are going through a separation or family law dispute, understanding what counts as family violence in courts can make a big difference in how your case is handled.

Often, family violence can go beyond what people may initially expect. Below, we explain what the law now covers and how these changes may apply in property settlements, parenting arrangements, and spousal maintenance.

What Is The Legal Definition Of Family Violence In Australia?

The legal definition of family violence includes any behaviour that makes someone feel afraid, unsafe, or controlled within a family relationship. The Family Law Act says family violence can be physical, but also includes emotional and financial abuse.

Here are some examples of family violence in Australian law:

• Hitting, slapping, or threatening physical harm
  
• Controlling who the other person sees or where they go
  
• Damaging property to scare someone
  
• Making threats against a person or their loved ones
  
• Stalking, or sending repeated unwanted messages
  
• Using money to control or limit the other person’s choices
  

The law does not require someone to be physically hurt for it to count as family violence. If a person’s actions cause fear, distress, or harm, it may still be considered family violence. Courts take this definition seriously when making decisions about children, money, and property.

Also Read: Coercive Control: Addressing Psychological Manipulation

Does Economic Abuse Fall Under Family Violence In Australian Law?

Yes, economic abuse is now part of the legal definition of family violence in Australia. This means behaviours that take away someone’s ability to be financially independent are now legally recognised as family violence.

The Family Violence Amendment Act 2024 updates the Family Law Act 1975 to highlight economic abuse as its own category. Here are some examples of what counts as economic abuse with these new changes:

• Controlling all the money in a partnership and refusing to share it
  
• Stopping a partner from working or studying
  
• Taking a partner’s income without permission
  
• Racking up debts in the partner’s name
  
• Demanding or misusing dowry money or gifts
  

These behaviours can affect a person’s ability to leave an abusive relationship or to support themselves after separation. Courts are now able to look at and penalise economic abuse as seriously as other forms of family violence.

How Has The Family Violence Amendment Act 2024 Changed The Definition Of Family Violence?

The Family Violence Amendment Act 2024 made important changes to how courts understand and use the legal definition of family violence in Australia. The updates give clearer guidance to judges, lawyers, and families.

Here’s what changed:

• Economic abuse is now clearly defined and listed separately in the law
  
• Dowry abuse is now officially recognised as a form of family violence
  
• Courts can consider how family violence affected a person’s ability to contribute to the relationship
  
• The law encourages a less formal and less intimidating court process when family violence is involved
  
• Pets are now treated with more care in property matters if abuse or threats against them occurred
  

These updates make it easier for courts to take all types of harm seriously and make decisions that are fair and safe for everyone involved.

Also Read: What is Financial Control: How It Becomes a Form of Abuse

Can Family Violence Affect Property Settlements And Spousal Maintenance?

Yes. The court can now consider the legal definition of family violence in Australia when deciding how to divide property or whether spousal maintenance is needed. This includes both physical and economic abuse, as defined by the Family Violence Amendment Act 2024.

In a property settlement, the court looks at what each person contributed and what they need going forward. If one person experienced family violence, the court may recognise that the abuse made it harder for them to work, study, or take care of the home or children.

The court may then adjust the financial split to account for this.

When deciding on spousal maintenance, the court can consider how the abuse affected the other person’s health, ability to earn income, or living situation. If someone has fewer chances to rebuild financially because of the violence they experienced, this may support a spousal maintenance order.

Family violence is not always visible, but its impact can last for years. The court’s new focus on these effects helps to deliver more balanced decisions.

Also Read: A Complete Guide to Parenting Orders in Australia

What Evidence Of Family Violence Can The Court Consider In Family Law Matters?

The court can look at a wide range of evidence when deciding whether what counts as family violence applies to your situation. This is especially important since the Family Violence Amendment Act 2024 broadened the scope of what is considered abuse.

Here are some examples of evidence that may be used:

• Text messages, emails, or social media posts showing threats or controlling behaviour
  
• Financial records showing unusual spending, hidden accounts, or withheld income
  
• Police reports or domestic violence orders
  
• Statements from friends, doctors, or counsellors
  
• Photos of injuries or damaged property
  
• A personal diary or journal describing events
  

Under the new laws, confidential communications with health or support services may be protected from disclosure unless the court decides they are truly needed. This helps people feel safer when seeking help, knowing their private conversations might not be used in court without good reason.

The court will weigh whether seeing the evidence could cause harm to a person or child, and will only allow it if the benefits outweigh the risks.

Looking Ahead With Confidence

Understanding the legal definition of family violence in Australia can help people make informed choices during separation, property division, or parenting matters.

The Family Violence Amendment Act 2024 ensures that not just physical harm, but also economic abuse and other controlling behaviours are taken seriously in Australian family law.

If you’re unsure whether your situation fits under the law, it can be helpful to speak with a family lawyer who can guide you through the process with care and respect.

Need Expert Help With Your Family Law Matter?

Are you unsure how family violence could impact your legal rights or property entitlements? At Justice Family Lawyers, we support individuals who need clear guidance during separation, especially when abuse is involved. 

Our team can explain your options, help prepare documents, and represent your interests with care. Whether you’re facing economic control, parenting disputes, or property matters, we’re here to help you move forward. Contact us today to book a confidential consultation with an experienced solicitor.