As family violence rises across Australia, it has never been more important to understand ongoing national reforms to address it. 

Why Understanding the Legal Definitions Matters

The Family Violence Act and the Family Law Act 1975 are important pieces of legislation that protect victims of family violence. According to the most recent statistics from the Australian Bureau of Statistics, 41% of Australians have experienced violence since age 15, with 1 in 4 women experiencing family violence and 1 in 8 men. The statistics are stark, with national reforms and inquiries into coercive control, the definitions determine unlawful behaviour and who can access protections. There has been a notable shift toward more victim-survivor focused attention and centred language as we recognise the damage non–physical harm can cause to families across Australia. 

Family Violence in Australia: The Current Legal Definition

The Family Law Act 1975 details the updated, expanded, and modernised definition of what family violence includes, including physical, emotional, and economic abuse, coercive control, behaviour intended to intimidate or cause fear, technology-facilitated abuse (turning off Wi-Fi access or withholding devices), and threatening or violent behaviour. Where laws had previously narrower definitions, our understanding has expanded. With a greater understanding of the harm that can occur within relationships, the shift toward victim-survivors is a step in the right direction. 

Additionally, the government has undertaken an inquiry into family violence orders to provide victim-survivors with better protections.

Recent Reforms and Key Legal Definitions in New South Wales 

Crimes (Domestic and Personal Violence) Act 2007 is New South Wales’ legislation that details what is legally recognised as domestic violence, including intimidation, stalking, property damage, financial control, harassment, digital abuse, technology abuse, and social isolation. NSW has updated its approach to include state inquiries and national discussions on coercive control, implementing recommendations as they are received. The Crimes Legislation Amendment (Coercive Control) 2022 came into effect in 2024, making abusive behaviour toward an intimate partner (former or current) with the intent to control, threaten, intimidate, hurt or scare illegal. This means a pattern of behaviour where attempts have been made to restrict freedom, surveil, or control the partner’s actions. 

Practical Examples of Family Violence 

  • If an intimate partner is monitoring your spending or restricting access to money, this is a form of family violence. 
  • If you are ill, injured or disabled and your medication, medical aids, or medical care is being withheld, this is a form of family violence. 
  • Using children to control an intimate partner is a form of family violence. 
  • If an intimate partner threatens to call deportation services or manipulates paperwork or visas for migrant partners, this is a form of family violence. 
  • Destroying belongings or property is a form of family violence, as is threatening to harm property, pets, children, the partner, or themselves.
  • Additionally, isolating an intimate partner from their family and friends and tracking their location through their devices are forms of family violence. 

Legal Protections

There are various legal protections you can pursue under NSW and Australian law, including: 

Apprehended Domestic Violence Order (ADVO)

An ADVO protects you from intimidation, harassment, violence, and stalking by someone you are or were in a domestic relationship with. A domestic relationship can include currently married, divorced, de facto, or intimate personal relationships (current or former). It can also include people who live together or did live together, lived together in a detention or residential facility, or are or were related. If an Aboriginal or Torres Strait Islander is involved, the relevant Indigenous kinship system should be used to determine whether the parties are part of the same extended family system. 

There are provisional and interim ADVOs. The police apply for Provisional ADVOs, and these can be granted either by a senior police officer or the court. The police will utilise this when they believe someone is in need of immediate protection; to ensure their safety or prevent damage to their property. They contain mandatory orders, as well as detailing the consequences of breaching the order. The police can apply for a Provisional ADVO even if there is an existing Interim/Final ADVO in place for the same defendant. 

An Interim ADVO is court-ordered, and Provisional ADVOs often automatically upgrade to Interim unless it’s revoked, the court issues a Final ADVO, or the case is dismissed/withdrawn. When it automatically converts, the same orders will be included. The court must approve an Interim ADVO when a serious offence is involved, including attempted domestic violence, domestic violence, attempted murder, sexual touches, sexual assault, attempted sexual assault, wounding, or grievous bodily harm. The Interim ADVO will last until a Final ADVO is issued, the order is revoked, or the application is dismissed/withdrawn.

ADVO breaches can result in fines of up to $5,500 and 2 years in prison, as well as the potential for additional criminal offences. Not all family violence will land in a family law court; criminal offences are treated as criminal offences. You could face criminal charges for the breach of the ADVO, damage to property, assault, stalking, or coercive control. 

Family Court Protections

If you enter the divorce property settlement process, this is completely separate from any proceedings around parenting arrangements. The Attorney General commissioned research into how family violence impacts families and parenting arrangements in the years after the separation. The research found that most victims were unhappy with the outcomes, and that is precisely why the Commonwealth is making efforts to reform family law.

Now, Courts always prioritise the safety of the child above all else under the Family Law Act. The court must be notified if there are allegations of family violence or if there is a risk of family violence. A child does not have to be subject to violence or abuse to be impacted by it. The Family Law Act cites numerous examples of what would constitute exposing a child to family violence. This includes overhearing personal injury or death threats, witnessing (seeing or hearing) an assault, cleaning up after intentional damage, or being present while an ambulance or police officers attend an incident.

The Court can issue protective orders and any injunction necessary for protection. 

The National Effort to Criminalise Coercive Control 

On the back of the National Inquiry into Family, Domestic, and Sexual Violence, coercive control is a priority for the Commonwealth. The evidence shows that coercive control can be a predictor, often preceding physical violence. 

New South Wales was the first state in Australia to introduce coercive control as a standalone offence. The key is effective training to ensure police officers understand the signs of coercive control and what to look for when collecting evidence and questioning the parties involved. It’s going to reshape the way police handle domestic situations, but these are ongoing reforms, and the legal landscape is constantly evolving to accommodate new legislation. 

Why These Changes Matter for Victim-Survivors 

These changes provide victims with more legal protections. The recognition of the harms of non-physical abuse is key to reducing the stigma and also tearing down the barriers to reporting. With Courts taking a more holistic approach to viewing patterns of behaviour, victim-survivors now have more pathways to safety. These changes also mean increased accountability for perpetrators. 

We still face underreporting issues, whether due to dependence or fear. Additionally, there are obstacles for First Nations people, migrants, and the LGBTQ+ communities. Whether there’s a fear of discrimination, language barriers, immigration fears, or concerns of outing, police must be prepared to handle every individual differently. 

Lawyers are best placed to advocate for protection, working with their clients to safety plan and find long-term solutions to ensure a safe, happy, and secure future. Many people struggle to identify coercive control because it often escalates slowly. 

AJB Stevens Family Law Lawyers: How We Can Help 

At AJB Stevens, we can assist you in applying for an ADVO, offer advice on how to negotiate a parenting order where family violence is present, help you collect evidence of digital abuse or coercive control, provide safety planning advice, support in accessing the appropriate community or counselling services, and represent your best interests in court. We provide practical, trauma-informed guidance to assist you.

Australian and NSW-specific laws are rapidly evolving to address different elements of family violence, including coercive control, which is a non-physical form of abuse that often precedes violence. Our legal definitions are expanding to recognise the reality of family violence and abuse. Victim-survivors now have more protections available and more tools for support. The earlier you take legal advice, the easier it will be to plan a safe, clear exit and a plan for your future. 

If you are experiencing family violence or supporting someone through family violence, please reach out to AJB Stevens on (02) 8268 0600 for experienced legal advice to guide you through this difficult time.