When has Family Violence under the Family Law Act occurred

Definition of Family Violence under the Family Law Act

The Family Law Act 1975 contains specific provisions which define:

• What is Family Violence;
• What constitutes exposing a Child to Family Violence;
• What is abuse in relation to a Child.

When will there be found to be Family Violence against an Adult

When will the Family Court consider there has been Family Violence committed by one adult against another adult?

The Family Law Act 1975 says what behaviour is considered to be Family Violence.

Under the Family Law Act 1975, Family Violence is:

• Violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member), or causes the family member to be fearful.

What constitutes exposing a Child to Family Violence

 

 

Adults can also be found to expose children to Family Violence.

The Family Law Act 1975 also describes the circumstances in which a child will be considered to be exposed to Family Violence.

Under the Family Law Act 1975, a child is exposed to Family Violence if:

• the child sees or hears family violence; or
• otherwise experiences the effects of family violence.

What is abuse in relation to a Child

The circumstances in which a child is abused are also detailed in the Family Law Act 1975.

The Family Law Act 1975 defines Abuse, in relation to a child as:

• an assault, including a sexual assault, of the child; or

• a person involving the child in a sexual activity with them or with another person, in which the child is used, directly or indirectly, as a sexual object by them or another person, and where there is an unequal power in the relationship between the child and the person; or

• causing the child to suffer serious psychological harm, including (but not limited to) when that harm is caused by the child being subjected to, or exposed to, family violence; or

• serious neglect of the child.

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