Family ViolenceThe expanded definition in the family

law jurisdiction

2012 Reforms

NEW Essential criteria: 1. Violence or threatening (or similar

behaviour) 2. Coercive or controlling 3. Causing a family member to be fearful

Family Law Legislation Amendment (Family law and Other Measures) Act 2011 amended Family Law Act

New provision: s 4AB extensively defines family violence

NOW Includes: Child’s exposure to violence

Implications: • Reforms aimed to prioritise protecting children and families from violence and abuse. • Increased awareness that violence doesn’t just mean physical assault or threats. Emotional and

psychological violence is included in definition • Understanding that family violence cannot be defined by one quality• Understanding family violence can in different contexts• Encompasses acts committed by men and women in different types of relationships

Changes to definition

• Pre-2012 reform: ‘more subjective’

• “A person reasonably fears for, or reasonably is apprehensive about, his or her personal wellbeing or safety in particular circumstances if a reasonable person in those circumstances would fear for, or be apprehensive about, his or her personal wellbeing or safety.”

• Post-2012 reform: ‘more objective’

• NO requirement of ‘reasonableness’

• A test on the FACTS • Also looks at context in

which conduct arose

New provision in FLA: s 4AB

• S 4AB(1) 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.”

• Includes physical conduct AS WELL AS psychological and emotional conduct • Some examples listed under s 4AB(2)

Exposure to violence

• a child’s exposure to violence included in family violence definition. (s 4AB(3))

• Examples (listed under s4AB(4))– Overhearing threats of another family member – Seeing or hearing assault – Comforting a member who has been assaulted – Cleaning up intentionally damaged property– Being present when police attend an incident involving the violence