Domestic violence and family violence are terms commonly used to describe a situation where one person within a domestic relationship tries to dominate and control another person. Statistics show that:

• domestic violence is most often perpetrated by men;
• women are the most common victims and are most at risk of violence in their own homes; and
• the risk to a female partner is greatest during pregnancy and during the breakdown of the relationship.

It is also becoming increasingly understood that children are harmed by experiencing or witnessing family violence even where the violence is not directly aimed at them.

In NSW people are considered to be in a domestic relationship if they are:

• married;
• living in a de facto relationship;
• involved in an intimate personal relationship such as boyfriend and girlfriend;
• a paid or unpaid carer;
• family members such as children or elderly parents;
• extended family; or
• kin according to Indigenous kinship.

Domestic violence takes many forms including:

• physical violence
• verbal abuse;
• sexual violence;
• emotional or psychological abuse;
• financial abuse;
• cruelty to pets;
• damage to property; and
• threats to behave in these ways.

Stalking and intimidation are also forms of domestic violence as are social and geographic isolation. Violence in the home is a very common problem in our society with one in three women experiencing some form of family violence during their lifetime.

Domestic violence is a crime in all Australian states and territories. Any person who is a victim of domestic violence should report it to police. In instances where police are notified they can:

• arrest and charge the offender if an assault offence has been committed; and
• apply for an Apprehended Domestic Violence Order on behalf of the victim.

Police may charge the perpetrator of domestic violence with assault or other criminal offences and the matter then proceeds as a criminal prosecution. However the emotional complexity of domestic violence is demonstrated by the fact that less than half of women who have been physically assaulted make a report to the police. The number of victims reporting other non-physical forms of abuse is even lower.

Where police seek an Apprehended Domestic Violence Order they can make an urgent application for a provisional order to take effect immediately upon being served.

Many people in our community believe that it is easy for victims of domestic violence to leave the relationship in order to protect themselves but this is rarely the case. One of the complicating factors of domestic or family violence is that even victims who do leave often return to the violent relationship. This can be due to many factors including:

• a lack of financial support;
• the victim’s unwillingness to cut herself off from social networks such as friends and family;
• disapproval from the community particularly in some cultural, ethnic or religious groups;
• a belief that children are better off in their own home with two parents;
• feelings of love for their spouse despite the abuse; and
• a feeling that there is no real alternative.

It is very important for victims of domestic violence to seek appropriate professional support from police, counsellors, legal professionals and family dispute resolution practitioners who are experienced in assisting victims to access the resources they need.

This Legal Guide on Domestic Violence Law provides people who are experiencing domestic or family violence with information about legal protections and arrangements available to them. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.