What Constitutes Domestic Violence Under Australian Law?

Domestic violence is a serious issue affecting thousands of Australians each year. Understanding what legally constitutes domestic violence is crucial for those experiencing abuse, as well as for the professionals who support them. If you’re seeking clarity on this complex legal area, consulting with experienced domestic violence lawyers can provide tailored guidance relevant to your situation.

While Australia has a national framework addressing domestic violence, the specific definitions and protections vary across states and territories. This article explains what counts as domestic violence under Australian law and why these definitions matter.

Key Takeaways

• Domestic violence under Australian law extends beyond physical abuse to include emotional, financial, sexual, and coercive controlling behaviours

• Legal protections cover various relationships including current/former partners, family members, and household members

• Each state and territory has specific legislation with slight variations in definitions and procedures

• Both civil protection orders and criminal charges may apply, depending on circumstances and evidence

• Immediate support is available through police, courts, and specialised support services

Legal Definitions of Domestic Violence in Australia

National Framework vs State and Territory Laws

Australia operates under a mixed legal framework when addressing domestic violence. While the Commonwealth provides overarching family law provisions, each state and territory administers its own specific domestic violence legislation.

Different jurisdictions use varying terminology including ‘family violence’, ‘domestic violence’, ‘family violence orders’, and ‘intervention orders’ – though they generally cover similar behaviours and relationships.

Core Elements of Legal Definitions

Australian domestic violence laws typically define violence through:

• Specific behaviours or conduct (both single incidents and patterns)

• Threats or attempts to engage in abusive behaviour

• Contextual factors including the relationship between parties

• The impact of the behaviour on the affected person

Who Is Protected by the Laws

Domestic violence legislation extends protection to:

• Current and former intimate partners

• Family members (including extended family)

• Carers in domestic relationships

• Household members

• People in family-like relationships

Examples from Legislation and Case Law

Courts have consistently recognised that domestic violence can manifest in various forms. For example, in Giller v Procopets [2008], the court acknowledged that threatening to distribute intimate images constituted domestic violence. Similarly, in numerous cases, courts have found that persistent monitoring, controlling behaviour, and isolating victims from support networks meet the legal threshold for domestic violence.

“Domestic violence is not limited to physical assault. It is often characterised by a pattern of coercive control designed to dominate and isolate the victim.” – Avokah Legal

Types of Conduct That Can Amount to Domestic Violence

Physical Abuse

Physical abuse includes:

• Direct assault (hitting, punching, slapping, choking)

• Using objects as weapons

• Physical restraint or confinement

• Reckless driving intended to frighten

Sexual Abuse

Sexual violence within domestic relationships includes:

• Sexual assault and rape

• Coercion into sexual acts

• Reproductive coercion (tampering with contraception, forced pregnancy)

• Sexual humiliation

Emotional and Psychological Abuse

This form of abuse includes:

• Verbal abuse, insults and humiliation

• Threats to harm the victim, children, pets or property

• Isolation from friends and family

• Excessive jealousy and accusations

Financial and Economic Abuse

Economic abuse involves:

• Controlling access to money and financial resources

• Preventing employment or education

• Forcing the accumulation of debt

• Using property or assets without consent

Coercive and Controlling Behaviour

This pattern of behaviour includes:

• Monitoring movements, communications, and relationships

• Controlling daily activities and decisions

• Creating an environment of fear and compliance

• Gaslighting and manipulating perceptions

Evidence and Proof

Common Forms of Admissible Evidence

Courts typically accept various forms of evidence in domestic violence cases:

• Police reports and statements

• Medical records documenting injuries

• Witness statements from family members or friends

• Photographs of injuries or property damage

• Communication records (texts, emails, social media)

Digital Evidence and Preserving Records

When documenting domestic violence:

• Keep screenshots with visible dates and times

• Back up electronic communications to secure cloud storage

• Maintain a diary of incidents with specific details

• Consider how to safely preserve evidence without increasing risk

When Evidence May Support Civil Orders vs Criminal Charges

Civil protection orders generally require proof ‘on the balance of probabilities’, while criminal charges need evidence ‘beyond reasonable doubt’. This difference means some cases may succeed in obtaining protection orders even when criminal prosecution isn’t viable.

Legal Processes and Protections Available

Police Response and Criminal Charges

Police can:

• Issue immediate safety notices or temporary orders

• Remove the alleged perpetrator from the premises

• Lay charges for specific criminal offences

• Connect victims with support services

Family Violence Orders / Intervention Orders

These civil orders:

• Can be obtained quickly through magistrates’ courts

• May begin with interim (temporary) orders before final hearings

• Can include conditions prohibiting contact, approaching certain locations, or possessing weapons

• Breach of these orders is a criminal offence

Family Law Pathways

The Family Court considers domestic violence when making arrangements for children, including:

• Prioritising child safety over shared parenting

• Implementing supervised contact where appropriate

• Considering evidence of family violence in property settlements

Emergency Remedies and Practical Safety Options

Immediate protections include:

• Emergency accommodation through specialist services

• Financial crisis payments

• Safety planning with professional support

• Technology safety measures

State and Territory Variations

New South Wales

NSW uses the term ‘Apprehended Domestic Violence Orders’ (ADVOs) and recently strengthened coercive control provisions.

Victoria

Victoria’s Family Violence Protection Act provides comprehensive protection and was the first to recognise economic abuse explicitly.

Queensland, Western Australia, South Australia, Tasmania, ACT, Northern Territory

Each jurisdiction has unique elements:

• Queensland: Domestic Violence Orders with specific Aboriginal and Torres Strait Islander considerations

• Western Australia: Family Violence Restraining Orders with strong property protection provisions

• South Australia: Intervention Orders with specific elder abuse provisions

• Tasmania: Family Violence Orders with strong technology-facilitated abuse recognition

• ACT: Family Violence Orders with some of the broadest relationship definitions

• Northern Territory: Domestic Violence Orders with specific remote community provisions

Practical Steps for Someone Affected Right Now

Immediate Safety Actions

If in immediate danger:

• Call Triple Zero (000)

• Move to a safe location if possible

• Contact a domestic violence hotline for guidance

• Consider a safety plan for quick departure

How to Apply for a Protection Order

The process typically involves:

• Attending your local magistrates court

• Completing an application form (staff can assist)

• Providing a statement about the violence experienced

• Attending an initial hearing (potentially same day for urgent cases)

Common Myths and Misconceptions

Many misconceptions exist about domestic violence laws:

Myth: Only physical violence counts legally

Reality: Australian law recognises many non-physical forms of abuse

Myth: You need visible injuries to get protection

Reality: Evidence of controlling behaviour, threats or emotional abuse can be sufficient

Myth: Orders are only available for current relationships

Reality: Protection extends to former partners and various family relationships

Suggested Resources and Contacts

National Hotlines and Crisis Lines

• 1800 RESPECT (1800 737 732): National sexual assault and domestic violence counselling service

• Lifeline (13 11 14): Crisis support and suicide prevention

• Kids Helpline (1800 55 1800): Counselling for young people

Legal Resources and Referral Points

• Legal Aid offices in each state and territory

• Community Legal Centres Australia

• Aboriginal Legal Services

• Family Violence Prevention Legal Services

Conclusion

Understanding what constitutes domestic violence under Australian law is the first step toward seeking protection and justice. The legal system recognises a broad spectrum of abusive behaviours beyond just physical violence, including emotional, financial, sexual, and coercive control.

If you’re experiencing domestic violence or supporting someone who is, remember that immediate help is available through police, courts, and support services. For professional legal assistance with navigating protection orders, family law matters, or criminal proceedings related to domestic violence, Avokah Legal provides specialised guidance tailored to your specific circumstances.

No one should have to face domestic violence alone, and Australia’s legal framework, despite its complexities, exists to provide protection and pathways to safety.