Domestic violence laws in Australia

1. Introduction

5.1.1. In this Part, we explore the interaction between family violence and decision-making under the FL Act²³⁷ as well as the protection offered by that Act to parents and children who are experiencing or have experienced domestic violence.

5.1.2. Relevantly for the purposes of this Report, the FL Act deals with four key aspects of family relationships:

responsibility for, and care of, children;
resolving disputes through family dispute resolution and family counselling;
ending marriages (by divorce or annulment); and
resolution of property disputes between parties to a marriage.

5.1.3. In this Part we consider how family violence impacts on the provisions dealing with these matters.

5.1.4. The FL Act also contains provisions which deal specifically with family violence and child abuse, including provisions empowering courts to make orders or injunctions for the protection of victims of such violence or abuse. We examine these provisions in the following Chapter.

Unless otherwise specified, references to legislation in this Chapter are to sections of the Family Law Act 1975 (Cth).

[ top ]