A lot of us here in WA will have seen the new state-wide awareness campaign launched to help Western Australians understand coercive control as a form of Family and Domestic Violence.
The Parliament has gone to great lengths to address Family and Domestic Violence with there being recent changes to several laws that address the issue of Family Violence by way of the Family Violence Legislation Reform Bill 2024.
These changes are set to have a great impact on how Family Violence matters are resolved in our justice system and as such, we seek to explain changes to the definition of Family Violence in particular, and how this will assist us, the people we love, or the community at large.
- The definition of Family Violence as set out in the Restraining Orders Act 1997 (WA) and the Criminal Code (WA) has now been changed to include coercive control. Coercive Control is now described as “behavior or a pattern of behavior by the person that coerces or controls the family member or causes the member to be fearful.” It is also said that such behaviour or pattern of behaviour may:
- Occur over a period of time; and
- May be more than one act, or a series of acts, that when considered cumulatively, coerces or controls the family member or causes the member to be fearful.
- Is to be considered in the context of the relationship between the person and the family member as a whole.
The Act now gives examples which include the killing of pets, derogatory remarks, cyber stalking and property damage.
The definition of Financial Abuse is also now defined in the Act, with this set to include
- Unreasonably withholding financial support which is needed to meet the reasonable living expenses of the family member or child of the member at a time when the member is entirely or predominantly dependent on the person for financial support.
- Unreasonably denying or withholding financial autonomy.
- Coercing, threatening, or causing physical abuse, emotional or psychological abuse or financial abuse, in connection with demanding or receiving dowry, whether before or after any marriage;
Whilst the above is particularly relevant to Family Violence Restraining Orders, it may also be relevant to Family Law matters.
In parenting matters, Family Violence is a relevant consideration in the assessment of risk to the children and parenting capacity.
In property matters, from 10 June 2025, the economic effect of Family Violence must be considered in determining a property settlement.
This is because the impact of Family Violence can directly influence or affect the parties’ contributions to the property pool and the welfare of the household/family. Family Violence can also affect current and future considerations.
Given the significant impact Family Violence is set to have on such issues, it is also pertinent that we, as legal practitioners and the community at large, are aware of the evolving definition of Family Violence so as to address such issues in the resolution of Restraining Orders and/or Family Law Disputes.
Should you and/or anyone you know require assistance with Family Violence Restraining Orders or Family Violence in the context of the Family Court Proceedings, please do not hesitate to contact our Family Law Team at Lynn & Brown Lawyers.
About the Author: This article has been authored by Caroline Maradzika. Caroline is a family law solicitor specialising in parenting and property matters. Having been admitted in 2017, she also practices in the Magistrate’s Court particularly in Family Violence Restraining Order matters.
