Understanding Family Violence in Family Law

The existence of family violence is a key consideration in family law property matters and parenting matters. What is Family Violence For the purposes of the Family Law Act 1975 (‘the Act’), family violence means violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family or causes the family member to be fearful. The Act provides a non-exhaustive list of what may constitute family violence: • an assault; or • a sexual assault or other sexually abusive behaviour; or • stalking; or • repeated derogatory taunts; or • intentionally damaging or destroying property; or • intentionally causing death or injury to an animal; or • economic or financial abuse; or • preventing the family member from making or keeping connections with his or her family, friends or culture; or • unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty. Family Violence in Parenting Matters The Federal Circuit and Family Court of Australia (‘the Court’) must prioritise the best interests of the children in parenting matters with a heightened emphasis on the safety of the child(ren) and each caregiver. Allegations or findings of family violence may result in an order that the parent perpetrating family violence has reduced parental responsibility, supervised time spending with the child(ren) and tailored safeguards mitigating the risk of further family violence, or no time spending at all. These are just some of the orders the Court may make. Family Violence in Property Matters In property proceedings, family violence may be relevant in determining what contributions each party made to the relationship. Where family violence has had a detrimental impact on a party’s contributions, the Court may adjust the division of property in that party’s favour. If you wish to remain in the family home after separation, the existence of family violence may be sufficient for the Court to order injunctions against the perpetrator residing or visiting the family home. If you have any queries in relation to family violence in Family Law, contact Swan Family Lawyers on 8227 1970 and we will be happy to assist you. If you are experiencing family violence the following resources are available for you to access: • 1800RESPECT(external site) | 1800 737 732 (24 hours) National sexual assault, domestic and family violence counselling service. Available 24/7. • Kids Helpline(external site) | 1800 551 800 (24 hours) Confidential online and phone counselling service for young people aged 5 to 25. Available 24/7. • Women’s Safety Services South Australia(external site) |1800 800 098 (24 hours) A statewide service offering assistance to women experiencing domestic violence in South Australia by providing information, counselling and safe accommodation options. Available 24/7. If you are in immediate danger, call 000.