What Is “Family Violence” Under the Family Law Act?

What Is “Family Violence” Under the Family Law Act?

by | Jan 21, 2026 | Family Law, Family Violence

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.

Approaching Mediation with the Right Mindset

by | Sep 5, 2025 | Coastal Lawyers

When it comes to family law disputes, many people come to mediation after months of lawyer assisted negotiations or discussions between themselves.

By then, they’re often firmly attached to their legal “rights” and positions. While knowing your rights and understanding the strengths and weaknesses of your case is absolutely essential, mediation requires a different mindset.

Instead of focusing on winning or losing, mediation works best when both parties are willing to move from their starting positions.

A successful mediation isn’t about victory; it’s about compromise. In fact, the hallmark of a good outcome is that both parties leave feeling a little disappointed. A sense of “I could’ve got more.” That’s not failure; that’s balance. It means both of you sacrificed something in order to reach an agreement.

Why Compromise is Worth It

So why agree to something less than your “ideal” outcome? Well in my experience as both a seasoned family lawyer and an Accredited Family Dispute Resolution Practitioner is there are four main reasons:

1. Cost

Litigation is expensive. You might fight over $10,000, but by the end of a drawn-out case, you could spend $100,000 to $150,000 in legal fees if it goes to a full final hearing. Mediation allows you to resolve matters far more affordably.

 

2. Emotional Wellbeing

The toll of conflict isn’t just financial. Prolonged disputes can deeply affect your mental health and wellbeing.

More importantly, if children are involved, ongoing parental conflict can be profoundly damaging. Research shows extended exposure to conflict can even alter a child’s brain development. No parent wants to look back and realise that legal battles over dollars and cents cost their children peace of mind and stability.

 

3. Time

Court proceedings are rarely quick. Even after your first court date, which may take 6 to 12 weeks to arrive you’re often simply sent back to further directions, mediations, report preparations or adjournments. It’s common for matters to drag on for 18 months or more. By contrast, a mediated agreement can be drafted into consent orders and finalised within weeks or months depending on the complexity and issues in dispute.

4. You get to decide

What many do not realise is that when you go to court and are involved in litigation. You are paying for a judge to decide what should happy to your family and your finances. In mediation however, you get to maintain control over what happens. When you are involved in litigation, who ‘wins’ will depend on who presents the best evidence on the day(s) of the trial and how the judge assigned to your case assesses that evidence.

The Harsh Reality of Litigation

If mediation fails, litigation often becomes the next step. But here’s the reality:

  • Over time, costs escalate while assets often depreciate. You are already losing.
  • Conflict tends to increase, not decrease.
  • Litigation fatigue sets in, leaving families drained financially and emotionally.
  • The court process is slow, and the “big day” in front of a judge may be years away.
  • In many cases, the final court order looks very similar to what could have been achieved in mediation years earlier or sadly worse because now emotionally and financially a toll has been taken.

When Court is Necessary

The court system is crucial for keeping families safe. If there are serious concerns like family violence, abuse, or unacceptable risks to children, the court is the best place to ensure protection and accountability. In those circumstances, litigation is not just appropriate but essential sometimes. This is where having an experienced family lawyer is crucial to understanding your particular unique case and needs.

However, in cases involving modest asset pools such as a home, cars, superannuation, and savings mediation often provides the fastest, least damaging path forward.

Final Thoughts

Mediation isn’t about giving up your rights or “losing.” It’s about making a clear-eyed, practical decision for the sake of your finances, your wellbeing, and most importantly your children. By approaching mediation with the right mindset, you give yourself the best chance of moving forward sooner, lighter, and with less regret.

If you would like to learn more about mediation, this blog post is written by Kristal Naividi of Olive Mediation and you can find out more at http://www.olivemediation.com.au

 

Understanding the New Coercive Control Laws in NSW

Understanding the New Coercive Control Laws in NSW

by | Apr 1, 2025 | Family Law, Criminal Law

What is Coercive Control?

Coercive control is a pattern of abusive behaviors used to dominate, manipulate, and control a partner. Unlike physical violence, coercive control can include subtle and persistent behaviors that isolate, intimidate, and degrade the victim, severely impacting their freedom and well-being.

Examples of coercive control include:

  • Isolating the victim from friends and family.
  • Monitoring movements, communication, or finances.
  • Intimidation, manipulation, and threats.
  • Restricting access to money or resources.
  • Acts of humiliation or degradation.
  • Repeated threats of violence or harm.

The New Coercive Control Laws in NSW

Under the Crimes Legislation Amendment (Coercive Control) Act 2022, coercive control is now a criminal offense in NSW. The new laws will take effect from 1 July 2024 and are designed to protect victims of domestic and family violence by criminalizing non-physical forms of abuse.

Key Elements of the New Laws

For a conviction of coercive control, the following must be proven:

  • The accused engaged in a course of conduct (a pattern of behavior, not isolated incidents).
  • The accused and victim were in an intimate relationship at the time.
  • The accused’s behavior was intended to coerce, control, or dominate the victim.
  • A reasonable person would consider the behavior likely to cause fear of violence or have a serious adverse effect on the victim’s daily activities.

Maximum Penalty

The offense carries a maximum penalty of seven years’ imprisonment.

When the Law Applies

  • The new law covers abusive behavior during and after intimate relationships.
  • It does not apply to relationships outside intimate partnerships, such as friendships or workplace interactions.

Exceptional Factors to Note

The court will examine the pattern of behavior, the relationship dynamics, and the victim’s experiences to determine the seriousness of the offense. Factors like financial control, isolation, and ongoing intimidation will weigh heavily in assessments.

Why These Laws Matter

The introduction of coercive control laws aims to close the gap in protecting victims of domestic and family violence. By criminalizing controlling behaviors, the law recognizes the profound harm these actions can cause, even without physical violence.

Support and Resources for Victims

If you or someone you know is experiencing coercive control, help is available:

  • Legal Aid NSW: Provides free legal assistance and resources for those affected by coercive control and domestic violence.
  • National Domestic Violence Helpline (1800 RESPECT): Offers 24/7 confidential support and counseling.
  • Local Community Legal Centers: Can guide you on your legal rights and next steps.

How Coastal Lawyers Can Help

At Coastal Lawyers, we understand the complexities of domestic and family violence cases. If you’re affected by coercive control and need legal advice, our experienced team is here to provide compassionate and expert guidance.

Contact Us Today

Take the first step toward protecting yourself and your loved ones. Schedule a confidential consultation with Coastal Lawyers.

Written by Coastal Lawyers- Central Coast Family Lawyers

Coastal Lawyers are family lawyers based in Erina, on the Central Coast.

Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.

 

 

 

 

 

 

We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.

 

 

 

 

 

 

Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.

 

 

 

 

 

 

Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.

 

 

 

 

 

 

Book online today!

 

 

Coastal Lawyers Client Feedback and Reviews

Coastal Lawyers Client Feedback and Reviews

by | Oct 19, 2022 | Coastal Lawyers

Each and every piece of feedback we receive from our clients is so incredible important to me.

It shows that we are on the right track. It shows that we are making small in roads towards changing the perceptions of lawyers generally.

My ethos is that you can’t be expected to make big decisions about your life unless you have a legal adviser that you trust and feel safe with.

Our feedback shows that there is a market for lawyers who not only have the legal knowledge you expect but also have an empathetic and heart centred approach you really do need.

So if you have a legal problem, feel free to book in a free 15 minute chat online with one of our lawyers or book a 1 hour strategy session at a cost of $330. We offer strategy sessions for all areas of criminal law, family law, divorce and estate planning.

Feedback about Jayne at Coastal Lawyers.
Jayne Tayler solicitor is very approachable and easy to talk to.
Jayne Tayler was wonderful, very informative and easy to talk to.
Kind, understanding and very knowledgeable
Kristal is nothing short of amazing
Thorough, transparent, reassuring
Kristal is amazingly prompt and knowledgeable
The whole team at Coastal Lawyers has been great
Honest and calming and very knowledgeable
Kristal gave me the knowledge and confidence to self represent at local court

Book in a free 15 minute call today.

Family Law: Separation Checklist

Family Law: Separation Checklist

by | Jul 18, 2022 | Family Law, Coastal Lawyers

If you are going through a separation then these are our top 5 tips

  1. Obviously break ups suck that’s why there are so many songs written about them. Eat all the foods. Cry all the tears and drink all the wine in those first few days. Call those besties in your life for support or if you are really struggling then engaging with a counsellor or psychologist is an amazing act of self care.
  2. Update all your passwords and logins. It’s not unusual in a relationship to know your partners logins or to share location services. But changing those things is a great boundary to put in place and will prevent any potential financial issues down the track.
  3. Under the Family Law Act you will have an obligation of disclosure so it’s best to start collating all your financial information including payslips, tax returns, bank statements for the past 12 months, credit card debts etc.
  4. Write down what you brought into your relationship and what you contributed during the relationship. Consider your financial and non financial contributions. (Yes staying at home with those beautiful babies is a contribution to be reflected in your property settlement).
  5. Book in a 1 hour Strategy Session with Coastal Lawyers. Many of our clients book these sessions in before they are going to seperate or once they are newly separated so they can find out their legal rights and responsibilities when it comes to parenting, property and divorce.
Book strategy Session