Domestic/Family Violence and your Family Law Case
Family Violence is an important feature present in many family law matters. It can take many forms and can have a devastating impact on you and your family. For help understanding its impact on your family law case and how to proceed, please contact Turini McKean Law.
In children’s matters, family violence is a relevant consideration for the Court deciding parenting cases.[1]
More recent reforms to the Act in June 2025 introduced the requirement that the Court must consider in property matters:
“ the effect of any family violence, to which one party to the marriage has subjected or exposed the other party, on the ability of a party to the marriage to make …contributions …” [to the relationship.][2]
What is family, domestic, and sexual violence?
The Australian Institute of Health and Welfare(AIHW) defines ‘Violence’ as referring “to behaviours that cause, or intend to cause, fear or harm. Violence can occur in the form of threat, assault, abuse, neglect or harassment and is often used by a person or people, to intimidate, harm or control others. Not all forms of violence are physical.”
If you think that you are experiencing such violence pleases see the AIHW web page for a list of support services.
[1] (2A) of the Act reads that in those cases, among other things, the Court must include consideration of:
- any history of family violence, abuse or neglect involving the child or a person caring for the child (whether or not the person had parental responsibility for the child); and
- any family violence order that applies or has applied to the child or a member of the child‘s family.
[2] Section 79(4)(ca) in relation to married couples and section 90SM(4)(ca) of the Act in relation to de facto couples.
Family, domestic, and sexual violence (FDSV) is a significant health and welfare issue in Australia.
Family violence occurs across all socioeconomic and demographic groups but disproportionately affects women and children.
The Australian Bureau of Statistics’ Personal Safety Survey (PSS) data from the 2021-22 financial year offers estimates of Australians who have experienced FDSV. While each case is unique, most victims are women and most perpetrators are men.[1]
Prevalence of intimate partner and family member violence since the age of 15 | ||
1 in 4 women experienced violence by an intimate partner or family member (27%) | 1 in 8 men experienced violence by an intimate partner or family member (12%) | |
1 in 12 women experienced violence by a family member (8.1%) | 1 in 17 men experienced violence by a family member (5.9%) | |
1 in 4 women experienced violence by an intimate partner (23%) | 1 in 14 men experienced violence by an intimate partner (7.3%) | |
1 in 6 women experienced cohabiting partner violence (17%) | 1 in 18 men experienced cohabiting partner violence (5.5%) | |
1 in 4 women experienced cohabiting partner emotional abuse (23%) | 1 in 7 men experienced cohabiting partner emotional abuse (14%) | |
1 in 6 women experienced cohabiting partner economic abuse (16%) | 1 in 13 men experienced cohabiting partner economic abuse (7.8%) | |
[1] https://www.abs.gov.au/statistics/people/crime-and-justice/personal-safety-australia/latest-release
If you would like advice about family violence and your family law case, please contact us:
Email: info@turinimckeanlaw.com.au or
Phone: +61 2 61983384