Recognising Domestic Violence – Legal Definitions & Your Rights in Australia

Domestic violence is not always visible and often, those experiencing it may not recognise the signs until it has escalated.

At Ramsden Family Law, we believe knowledge is power. If you’re feeling unsafe in a relationship, understanding what constitutes domestic violence in Australia is a vital first step in protecting yourself and those you love.

This guide outlines how domestic and family violence is defined under Australian law, the types of abuse that may occur, and the legal protections available to help you take action.

What Is Domestic and Family Violence?

In Australia, domestic violence refers to a pattern of abusive behaviour in any relationship where one person seeks to control and dominate another. It is not limited to physical violence. Under Australian family law, domestic violence includes:

  • Physical abuse (hitting, choking, restraining)
  • Sexual abuse (forced or unwanted sexual activity)
  • Emotional or psychological abuse (verbal attacks, intimidation, threats)
  • Financial abuse (controlling access to money, withholding financial resources)
  • Social abuse (isolating someone from friends, family, or community)
  • Spiritual abuse (manipulating religious or cultural beliefs to control)
  • Stalking or monitoring behaviours (tracking movements, reading messages)

These forms of abuse can happen in marriages, de facto relationships, parent-child relationships, or even shared household arrangements.

Recognising the Signs of Abuse

Many people experiencing abuse downplay or dismiss it. But abuse doesn’t have to be physical to be dangerous.

Some warning signs include:

  • Constant criticism or humiliation
  • Fear of saying or doing the wrong thing
  • Being isolated from loved ones
  • Having no control over finances
  • Being followed or monitored
  • Threats to harm you, your children, or pets

Children who witness domestic violence are also considered victims under the law — and protecting them is a key focus of the Federal Circuit and Family Court of Australia (FCFCOA).

How the Law Protects Victims of Domestic Violence

Australian law recognises the profound impact domestic and family violence can have not just on victims, but on children and families.

You have legal rights to safety and protection. The law offers several protective measures:

1. Apprehended Domestic Violence Orders (ADVOs)

An ADVO is a court order made to protect someone from another person they fear. It can:

  • Restrict the perpetrator from contacting or approaching you
  • Prevent them from attending your home or workplace
  • Order them not to damage your property or intimidate you

These orders can be applied for directly through the court or via NSW Police.

2. Urgent Parenting Orders

If there are children involved, and you believe they are at risk, you can apply for urgent parenting orders through the FCFCOA to limit or suspend contact with the abusive parent.

3. Notice of Risk (Family Law Proceedings)

If domestic violence is alleged in a family law case, a Notice of Risk form must be filed with the court to ensure appropriate steps are taken to protect all parties.

Under the Family Law Act 1975 (Cth) (‘the Act’), the Court has a mandatory obligation to report certain information to child welfare authorities which includes:

  • Allegations of child abuse or a risk of child abuse (section 67Z of the Act); and
  • Allegations of family violence or a risk of family violence that amount to abuse of a child (section 67ZBA of the Act).

This form is the way to ensure families and their child/ren receive appropriate and targeted early intervention and assistance. Allegations of child abuse are recorded in this form and then reported to child welfare authorities.

The Notice of Risk form also fulfils the Court’s responsibilities under section 69ZQ(1)(aa) of the Act to ask each party to the proceedings:

  • Whether they consider that the child/ren concerned have been, or are at risk of being, subjected to, or exposed to, abuse, neglect or family violence; and
  • Whether they consider that they themselves, or another party to the proceedings, have been, or are at risk of being, subjected to family violence

What If You Are Still Living with the Abuser?

Leaving a violent home is never easy and, in many cases, victims stay because of fear, financial dependence, or concern for their children.  If you are still living with the perpetrator:

  • You can still apply for an ADVO
  • You do not need to file for divorce first
  • There are support services available 24/7 (see below)

Whether you’re ready to leave or are simply exploring your options, seeking confidential legal advice is a safe and empowering next step.

How Ramsden Family Law Can Help

At Ramsden Family Law, we offer more than legal advice. Here, we offer compassionate support during some of the most distressing periods of your life.

Applying for or Responding to ADVOs

Whether you need protection or have been served with an order, we’ll guide you through the court process.

Emergency Parenting & Property Orders

We act quickly to secure interim parenting or property orders when safety or financial stability is at risk.

Domestic Violence & Divorce

Our experienced family lawyers will help you navigate divorce and separation proceedings sensitively, with your safety and the safety of your children top of mind.

Safety-Focused Legal Strategy

We help prepare evidence, communicate with police, and ensure that all risk-related documents (such as a Notice of Risk) are handled thoroughly and professionally.

Learn more about our domestic violence legal services.

You’re Not Alone — Support Is Available

If you’re in immediate danger, call 000.  You can also contact:

Take the First Step Toward Safety

Recognising abuse is courageous. Acting on it is life changing.  At Ramsden Family Law, our team of domestic violence lawyers in Sydney are ready to help you protect yourself and your family.

We’ll walk beside you with discretion, clarity, and compassion, every step of the way.

Call 1300 749 709 or

Book your free, confidential 30-minute consultation online today.

Your safety and wellbeing come first. Let us help you reclaim control.