Violence between family members is subject to legal intervention in the same way as violence between strangers.
Family violence is recognised to take many forms, including not only physical injury, but also emotional and psychological harm, social isolation and financial control.
Even though not all forms of family violence carry a criminal sanction and penalty, all forms are often relevant to courts, for example, all forms are relevant when a court is making intervention orders or parenting orders.
Victims 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 only furthered victimisation 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.
However, it should be noted that legal remedies can sometimes be of limited use in a crisis. 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.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.