What Is “Family Violence” Under the Family Law Act?
When people hear the term family violence, they often think only of physical abuse.
Under Australian family law, the definition is thankfully much broader.
Family Violence is defined under section 4AB of the Family Law Act 1975 and it includes a wide range of behaviours many of which are non-physical.
The Core Definition (s 4AB(1))
Family violence means violent, threatening, or other behaviour by a person that:
Coerces or controls a family member, or causes a family member to be fearful.
Importantly, the law focuses on behaviour and its effect, not just whether someone was physically hurt.
Examples of Family Violence (s 4AB(2))
The Act gives practical examples of conduct that may amount to family violence, including:
Physical or sexual abuse Threats or intimidation Repeated derogatory or abusive behaviour Intentionally damaging property Harm to pets Financial abuse (for example, controlling access to money) Unlawfully depriving someone of their liberty
It also includes behaviour that controls, dominates, or intimidates, even where no physical violence occurs.
Children and Family Violence
The definition also extends to children.
A child is considered exposed to family violence if they:
See or hear family violence, or are otherwise affected by it
This can include overhearing arguments, seeing a parent distressed after an incident, or being present during abusive behaviour.
Exposure matters because it is directly relevant to parenting decisions and what arrangements are in a child’s best interests.
What s 4AB Does Not Automatically Cover
This is where things often get misunderstood.
Not every disagreement, argument, or parenting dispute is family violence.
Courts carefully distinguish between:
High conflict or poor communication, and Behaviour that genuinely coerces, controls, or causes fear
Recent cases (including Pickford & Pickford) confirm that (you can read our recent case note on the case of Pickford here)
Disagreeing with the other parent, refusing to consent to proposed parenting arrangements or taking legal positions in court do not, on their own, amount to family violence. It is often natural that parents separating will have different views of disagreements and it is often these differences in views that lead them to going to court for assistance and determination of the dispute.
Context, pattern, and impact are critical.
Why This Definition Matters
Findings of family violence can significantly affect:
Parenting arrangements,
Parental responsibility
The time a child spends with each parent and
Protective conditions in court orders such as injunctions and restraints.
That’s why allegations must be assessed carefully and supported by evidence capable of substantiating the allegations.
Final Thought
Section 4AB is designed to protect people and children from genuine harm, not to label every difficult separation or disagreement as abusive.
Understanding the difference between conflict and family violence is essential for anyone navigating family law proceedings.
If you’re unsure how the law applies to your situation, getting tailored advice early can help avoid misunderstandings and unnecessary escalation in conflict. Importantly research shows us that children exposed to parental conflict during separation can have negative outcomes.
Family Violence and coercive control can affect all aspects of your life and it is important that you engage with an experienced and trauma informed family lawyer to assist you in navigating your separation safely. If you are unsure where to start, speaking with an experienced Central Coast family lawyer can help you understand your options and protect your child’s best interests.
Contact Coastal Lawyers at Erina today for clear, practical family law advice tailored to Central Coast families.
Disclaimer: The above is legal information only and is not a substitute for obtaining legal advice for your legal problem.