Physical and sexual violence between family members is subject to legal intervention in the same way as violence between strangers.

However, family violence is not just physical. It can take the form of verbal, emotional, social or psychological abuse, financial or economic deprivation, or cultural or religious abuse.

Not all aspects of family violence give rise to criminal sanctions (e.g. the law has no penalty for cultural or religious abuse); however, all aspects of family violence can be relevant to Family Court proceedings and all forms of violence are relevant to obtaining an intervention order.

Vicitms of family violence in the past have been stigmatised and the prevailing attitude of keeping the problem behind closed doors as a ‘private’ family matter has only furthered vicitimisation and increased the vulnerability of victims. Legislation now emphasises family violence as a social problem affecting all members of society and attracting the full sanctions of criminal justice intervention.

It should be noted that legal remedies can sometimes be of limited use in a crisis. The courts and the police cannot be on hand 24 hours a day to step in and stop assaults. The law can warn people of the consequences of abuse and punish them after the event but it is more often the practical steps and planning a person can take which will be of much greater significance for their safety than reliance on legal remedies alone.

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