The NSW government website clearly defines “Domestic and Family Violence” (DFV). It states which of the offences are punishable under this law and how the police and legal authorities are bound to safeguard the victims. Yet, many DFV instances go unreported. One of the prime reasons for the same is the understanding that violence always involves physical harm. The broader meaning, however, is way beyond just bruises on one’s body. We bring this comprehensive blog to shed light on different types of domestic and family violence, so read until the end to take the right step when you’re in any of these conditions.

Types Of Domestic And Family Violence What You Should Know

What Counts As Domestic And Family Violence?

Under the Crimes (Domestic and Personal Violence) Act 2007, DFV isn’t limited to violent or threatening behaviour. It also includes conduct that’s coercive or controlling, or conduct that makes a person fear for their safety, whether it’s one incident or a pattern over months.

There’s a distinction worth knowing too. Domestic violence usually means violence between intimate partners, while family violence covers a wider circle including:

Parents
Siblings
Extended family and
Kinship ties

Many Aboriginal and Torres Strait Islander communities prefer the term “family violence” for this very reason.

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The Main Types Of Domestic And Family Violence

Most people who experience DFV don’t experience just one type of abuse. It’s usually a mix of a few, playing out at the same time.

Emotional And Psychological Abuse

Words and behaviour can cause significant mental trauma. The examples include:

Repeated insults or criticism
Humiliation or degrading comments
Intimidation and threats
Manipulation
Deliberately making someone feel worthless
Constantly blaming the other person

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Coercive Control

Coercive control is the newest addition to NSW law, and arguably the least understood. From 1 July 2024, using a pattern of abusive behaviour to coerce or control a current or former intimate partner became a standalone criminal offence under Section 54D of the Crimes Act 1900, carrying a maximum penalty of seven years in prison. NSW Police recorded 386 such incidents in the law’s first 15 months.

Coercive control involves a pattern of behaviour used to frighten, control, isolate or dominate a current or former intimate partner. It may involve several behaviours rather than one isolated incident.

For example, a person may:

Monitor their partner’s movements
Control who they speak to
Restrict their finances
Threaten family members
Humiliate them
Constantly check their phone

Financial Or Economic Abuse

Money can become a means of controlling another person. Although at first sight it looks like an offence where mostly women become the victims, official data from the Australian Bureau of Statistics (ABS) states that both genders experience this abuse. As per ABS, 16% of women and 7.8% of men had faced economic abuse by a cohabiting partner since the age of 15. This involves:

Controlling access to bank accounts
Taking someone’s income or savings
Preventing them from working
Forcing them to take on debt
Withholding money for essential expenses

Sexual Abuse

Being in a relationship does not mean a person has automatically consented to sexual activity. When sexual interactions with partners within a marriage, de facto relationship or other intimate relationship turn abusive, these are categorised as sexual offences and can be charged accordingly. These can include:

Forcing or pressuring someone into sexual activity
Threatening someone to obtain sexual compliance
Engaging in unwanted sexual acts
Using sexual behaviour to humiliate or control a partner

Verbal, Social And Technology-Facilitated Abuse

Verbal abuse may involve repeated insults, threats or degrading comments. On the other hand, social abuse may involve preventing someone from seeing friends or family, controlling where they go or restricting their participation in work and community activities.

Technology, though a celebrated innovation, can provide another way to monitor or intimidate someone by:

Tracking someone’s location
Checking their phone or messages
Accessing online accounts
Monitoring social media
Sending repeated unwanted messages

Abuse Involving Children, Pets Or Property

Children can sometimes be used to control or frighten another family member. This may involve threats concerning the children, restricting contact or using parenting arrangements to exert control.

Pets and property also become tools of intimidation. Threatening an animal, harming a pet or deliberately damaging someone’s belongings can form part of abusive behaviour.

Spiritual Or Cultural Abuse

This type uses a person’s religion or culture against them, preventing them from practising their faith or using cultural expectations to justify controlling behaviour. It’s less talked about, but no less damaging.

Legal Consequences in NSW: ADVOs and Criminal Charges

If police suspect any of the above types of violence have occurred, they can act quickly. You do not need to have physical injuries for the law to step in.

The most common immediate legal response is an Apprehended Domestic Violence Order (ADVO). An ADVO is a court order designed to protect victims by legally restricting the behaviour of the accused. It can prevent someone from approaching the victim, contacting them, or even living in their own home.

Having an ADVO issued against you is not itself a criminal conviction, however breaching the conditions of an ADVO is a serious criminal offense. If the police have enough evidence of physical assault, property damage or coercive control they will also lay criminal charges.

Conviction can mean big fines, a criminal record that follows you for life, and even jail time, and it can also destroy your chances at child custody.

What To Do If You’re Affected Or Accused

If you’re experiencing any form of domestic or family violence, support is available round the clock. Call 1800RESPECT on 1800 737 732, or 000 if you’re in immediate danger.

If you’ve been accused of a domestic violence offence or served with an ADVO, resist the urge to sort things out directly with the other person. Reach out for legal advice early. Messages, bank records and even location data are routinely used as evidence, so how you handle the situation from this point on matters more than you’d think.

Concluding Words

Understanding what constitutes Domestic and Family Violence can help people recognise concerning behaviour and understand the legal options available to them. If you are suffering or witnessing domestic violence, proper support and legal advice can help you understand what steps might be open to you in your circumstances. In case, you have been accused of something, getting legal advice can also help you to understand your rights and the potential legal consequences.

At Oxford Lawyers, we have represented clients on both sides of domestic violence matters across Sydney and NSW for over 30 years. If you need guidance regarding an AVO, domestic violence allegation or related criminal charge, get in touch with our team for a confidential consultation.