AVO & Family Violence

Family Law

What is Family Violence?

Family violence is ongoing behaviour and not just a one-off incident. Often this leads to the victim having their confidence undermined to such a degree, that they are often unable and unwilling to leave their abusive partner. This can be due to fear of the reprisals against themselves, their children and property.

The severity and frequency of violence tends to escalate over the course of the relationship and can eventually lead to the death of the victim.

The Family Law Act 1975 contains a definition of family violence. The definition can be found under Section 4AB. It includes the following:

an assault
a sexual assault or other sexually abusive behaviour
stalking
repeated derogatory taunts
intentionally damaging or destroying property
intentionally causing death or injury to an animal
unreasonably denying the family member the financial autonomy that he or she would otherwise have had
unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child, at a time when the family member is entirely or predominantly dependent on the person for financial support
preventing the family member from making or keeping connections with his or her family, friends or culture
unlawfully depriving the family member, or any member of the family member’s family, of his or her liberty.

It is important to note that the definition of family violence is not limited to the above list and includes a child that is exposed to family violence, if the child sees or hears family violence or otherwise experiences the effects of family violence.

What causes Family Violence

Whilst it may be politically convenient to use the term ‘Toxic Masculinity’ as a cause for family violence, the cause differs from one person to another. However, there are common traits behind the cause of family violence.

Alcohol – drinking too much leads people to act without inhibitions and without any self-control.
Drug taking – very similar to alcohol. However, the effects of drugs can be a lot worse than alcohol.
Gender discrimination – often this is a male believing that a female is below them in social standing. They may show a lack of empathy towards the female. This can be for religious reasons, cultural reasons or just because they are bigger and stronger than women.
Recently, it has been noted that younger women are showing signs of the above behaviour towards men.
Mental health – people with mental health issues can be both victim and perpetrator of family violence. People with mental health issues can show signs of lack of anger control and aggression.

What to do if you are a victim of family violence

Leaving your partner is the obvious thing to do. However, we know that it can be far from easy, especially where children are involved. If you have a close friend or family member to help you, we recommend getting them to help you leave. A good time to leave is when your partner is at work.

If you are a friend or a relative of a person suffering from family violence, please listen and help them. They might be reluctant to divulge any details or even deny that it is happening. Please understand that it is not easy to leave an abusive relationship and they might request your help on more than one occasion before finally leaving.

Your actions could save their life.

If it is safe to do so, try and keep a journal of incidents of violence. This will be very useful for your lawyer and/or police intervention. Remember to date the incident and include the time of the incident.

AVO

You can contact your local police and obtain an AVO. The police will do this for you.

An AVO is an order for you and your children’s future protection. An AVO sets out restrictions on the other person’s behaviour. If this person breaches the AVO, this will become a criminal offence.

An AVO is not a guarantee of protection and caution is still needed when dealing with a violent ex-partner.

For further information on AVO, please see our criminal law section.