When do Courts say Family Violence has occurred
If you have been or are being subjected to Family Violence or know someone who you have concerns for, then if it is physical acts that are being committed it may be obvious that is what is occurring is what the courts will call “Family Violence”, but emotional abuse and more subtle behaviour can also constitute Family Violence.
There are many different types of Family and Domestic Violence. They include physical, emotional, economic and social. It can affect someone of any age.
Family or Domestic Violence is usually about power and control and there are many ways a person can exhibit controlling behaviour.
Some examples of behaviour that may constitute Family Violence include:
- unreasonably denying the financial autonomy (or financial independence) that you would otherwise have had;
- unreasonably withholding financial support you need to meet the reasonable living expenses of either yourself or your child, at a time when you are dependent on the person for financial support;
- preventing you from making or keeping connections with your family, friends or culture;
- unlawfully depriving you, or any member of your family, your liberty or freedom;
- repeated derogatory taunts;
- intentionally damaging or destroying property on one or more occasions;
- intentionally causing death or injury to an animal on one or more occasions or threatening to do so;
- a single physical assault (or repeated acts);
- threatening to hurt you;
- a single sexual assault or other sexually abusive behaviour (or repeated acts);
- not being allowed to have your own opinions about religion, cultural beliefs, and values.
Family Violence can take many forms and so the above list is not an exhaustive list but a guide only.
It is important to remember that nobody has the right to be violence, abusive or controlling toward you. If someone is hurting you, either physically or emotionally, that can be very scary and it might be hard for you to know how you can stop it. There are people and organisations that can help you.
Steps to ensure your safety
If you have been or are being subjected to Family Violence you should know how to keep yourself safe and where you can seek more help when you are ready or able to. We have a list of 23 different contact organisations available to you under the heading Family Violence in our Links and Resources Page.
The following steps to ensure your safety is taken from the Reach Out.com website:
- Is there immediate danger? How likely is it that someone will hurt yo? If necessary, you may have to move to somewhere safe.
- Do you have support? Making a decision to leave a situation where you feel unsafe may be hard and scary. If possible, talk to someone you trust, like a friend, counsellor or youth worker.
- Talk to the police: If you feel unsafe the police are good people to talk to. If you or someone you know has been hurt, the police will be able to help.
- Believe in yourself: If someone is hurting you or threatening to, it can be hard to maintain your self-confidence. Remember it is never ok for someone to hurt or threaten to hurt you.
- Know your rights. if may be a good idea to check our your legal rights. Laws vary from state to state.
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Other Pages in the Family & Domestic Violence Section
- What constitutes Family Violence & when is it considered to have occurred
- What are examples of Family Violence having occurred
- What are examples of a Child being exposed to Family Violence
- Domestic Violence: The Law you need to know
- What amounts to actual Domestic Violence
- Who makes the Application for a Domestic Violence Protection Order
- When will a Court make a Domestic Violence Protection Order
- What does a Domestic Violence Protection Order say
- How long does a Domestic Violence Protection Order apply for
- Can I get a Temporary or Urgent Domestic Violence Protection Order
- Can I end (revoke) or vary (change) a Domestic Violence Protection Order
- Who will represent me in Court in a Domestic Violence Matter