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.

Case Note: Pickford & Pickford [2024] FedCFamC1A 249. Where Parental Conflict and Family Violence Part Ways

Case Note: Pickford & Pickford [2024] FedCFamC1A 249. Where Parental Conflict and Family Violence Part Ways

by | Jan 21, 2026 | Coastal Lawyers

Family violence allegations feature in a huge chunk of parenting litigation and the Court’s job is to tease out what’s coercive control (or another form of family violence) from what’s honest disagreement between parents.

In Pickford & Pickford, the Full Court of the Federal Circuit and Family Court of Australia took a deep dive into this challenging question.

The Backstory

The parties in Pickford were a separated couple with two children (9 and 6 years old). After lengthy litigation, the trial judge made final parenting orders giving the mother sole parental responsibility and restricting the father’s time with the children.

The court further found that the father had engaged in coercive and controlling conduct amounting to family violence against the mother. 

Unsurprisingly, the father appealed, arguing major legal and factual errors in the trial judge’s findings. One of which was that the evidence did not support a conclusion of family violence in the form of coercive control. 

What the Full Court Said

The Full Court’s decision is a useful compass on how ‘family violence’ should be understood in this context.

Two key themes emerged:

1. Not All Conflict Is Family Violence

There was plenty of parental conflict but conflict alone doesn’t automatically equate to family violence. The justices agreed that merely refusing to consent to a particular parenting arrangement or vigorously asserting legal rights in litigation is not, by itself, coercive control. Put simply: legal disagreement is not in itself family violence. 

As one judge observed, “one litigant does not commit family violence against another litigant just by refusing to consent or submit to orders for which the opponent applies.” 

This distinction is crucial for family law practitioners and clients alike. Allegations of family violence need to be supported by evidence of conduct that genuinely coerces or controls in the statutory sense, not merely evidence of robust parental (or even litigious) disagreement.

2. How the Court Interprets ‘Family Violence’

Section 4AB of the Family Law Act 1975 defines family violence broadly. It reaches behaviour that coerces or controls a family member or causes them to be fearful. 

In Pickford, different judicial perspectives emerged on how broad that definition should be:

The majority view of the justices determining the case, emphasised that “family violence” is necessarily broad and protective in nature.

Their focus was on the impact of behaviour, and they were cautious not to let overly narrow definitions tamp down protections for those at risk. 

The dissenting view or narrower interpretation of the remaining judges was that conduct should be evaluated objectively. That is coercive control must be demonstrated through the nature of the behaviour itself, not solely based on one party’s subjective experience or isolated incidents of conflict. 

Practical Takeaways for Families:

Pickford offers key compass points when dealing with coercive control in the legal sense. It highlights that

🔹 Parental conflict and family violence: Robust disagreements, even if emotionally charged, aren’t automatically coercive or controlling. 

🔹 Objective analysis is essential: Court findings must be grounded in evidence showing actual coercive or controlling conduct, not just perceptions of it. 

🔹 Context matters: Judges must look at behaviour in its full context and assess impact, not just isolated acts. 

🔹 Allegations carry weight: Because family violence findings are relevant to best-interests assessments for children, framing and proof really matter. 

Why Pickford Matters

Carefully prepared evidence and affidavit material is often crucial to proving coercive control under the Family Law Act, which is often described as a pattern of behaviour or a serious of acts viewed as a whole.

Get advice before you act.

Contact Coastal Lawyers for clear, practical family law advice tailored to Central Coast families.

As former prosecutors and police officers Coastal Lawyers have extensive experience is providing trauma informed legal advice and strategies to Central Coast residents where family violence and coercive control are a significant feature.

Reminder: The above is legal information only and is not a substitute for obtaining tailored legal advice addressed at your unique family and situation.