De Facto Couples and Domestic Violence in Australia

Domestic violence, in any form, is a serious issue that affects people from all walks of life. According to a report by the Australian Institute of Health and Welfare, approximately one in six women and one in 16 men have experienced physical or sexual violence from a current or previous partner since the age of 15. However, what happens when the victims are in de facto relationships? This article will explore the issue of domestic violence in de facto couples in Australia, including relevant statistics and diverse perspectives.

What is a De Facto Relationship?

A de facto relationship is defined as two people who are not married but are living together as a couple on a genuine domestic basis. The duration of the relationship is not the determining factor, but rather the nature of the relationship. In Australia, de facto couples are recognised by law and have similar legal rights and responsibilities as married couples.

Domestic Violence in De Facto Relationships

Domestic violence in de facto relationships is a serious issue in Australia. According to the Australian Bureau of Statistics, approximately 60% of domestic violence incidents occur in de facto relationships. Additionally, research shows that women in de facto relationships are more likely to experience domestic violence than women who are married.

Victims of domestic violence in de facto relationships face unique challenges, such as difficulty in proving the relationship, access to financial support, and issues related to parenting arrangements. Due to the informal nature of de facto relationships, it can be difficult for victims to seek help and protection from the legal system.

Diverse Perspectives

The issue of domestic violence in de facto relationships in Australia is complex, and it requires a multifaceted approach to address. Below are some perspectives on the issue:

Legal Perspective: Under Australian law, victims of domestic violence in de facto relationships have the same legal rights and protections as married couples. The Family Law Act 1975 provides for the protection of victims of family violence, regardless of whether they are married or in a de facto relationship. Additionally, the Domestic and Family Violence Protection Act 2012 provides for the issue of domestic violence orders to protect victims.

Cultural Perspective: Domestic violence in de facto relationships can affect people from all cultures and backgrounds. However, some cultural beliefs and practices may exacerbate the issue. For example, in some cultures, the idea of a man being the head of the household may contribute to the normalization of domestic violence. It is important to address these cultural beliefs and practices in a culturally sensitive manner.

Psychological Perspective: Domestic violence is a complex issue that can have serious psychological impacts on victims. Victims of domestic violence in de facto relationships may experience feelings of isolation, shame, and guilt. It is important to provide victims with access to psychological support and counseling to help them overcome the trauma of domestic violence.

Understanding De Facto Relationships

In Australia, a de facto relationship is a relationship between two people who are not married or related by family, but who have a relationship that is akin to marriage. This includes same-sex couples. The Family Law Act 1975 (Cth) provides that a de facto relationship exists where:

• The couple has a genuine and ongoing relationship;
• They live together as a couple; and
• They are not married to each other or related by family.

Legal Protections Available

Despite the challenges, there are legal protections available to those experiencing domestic violence in de facto relationships in Australia. These include:

1. Apprehended Violence Orders (AVOs): An AVO is a court order that prohibits a person from engaging in certain behavior towards another person. This can include physical violence, intimidation, harassment, or stalking. An AVO can be obtained against a de facto partner if the relationship meets the definition of a de facto relationship under the Family Law Act.
2. Family Law Act: The Family Law Act provides that the court can make orders to protect a person from violence or threats of violence by a de facto partner. This includes orders for the partner to vacate a shared residence or stay away from the person.
3. Criminal Law: Domestic violence is a criminal offense in Australia, and perpetrators can be charged and prosecuted. This applies regardless of the relationship status of the parties.

Family Lawyers Mackay Can Help

If you are experiencing domestic violence in a de facto relationship, it is important to seek legal advice. At Family Lawyers Mackay, we are experienced in assisting clients who are experiencing domestic violence in de facto relationships. We can provide advice on your legal options and assist you in obtaining the legal protections you need to stay safe.

Conclusion

Domestic violence is a serious issue that affects many people in Australia, including those in de facto relationships. While there are challenges in addressing domestic violence in de facto relationships, there are legal protections available to those who are affected. If you or someone you know is experiencing domestic violence in a de facto relationship, it is important to seek help. At Family Lawyers Mackay, we are here to help you navigate the legal system and obtain the protections.

FAQ

Are de facto couples protected by domestic violence laws in Australia?

Yes, de facto couples are protected under domestic violence laws in Australia.

What types of behavior are considered domestic violence in Australia?

Domestic violence in Australia includes physical, emotional, psychological, sexual, and financial abuse.

How can I get help if I am experiencing domestic violence in a de facto relationship?

You can seek help from a domestic violence support service, the police, or a lawyer who specializes in domestic violence cases.

What legal options are available to victims of domestic violence in de facto relationships?

Legal options include obtaining a restraining order, applying for a protection order, or pursuing criminal charges against the abuser.

Can I apply for a restraining order against my de facto partner?

Yes, you can apply for a restraining order against your de facto partner if you are experiencing domestic violence.

What is the role of the police in domestic violence cases involving de facto couples?

The police have a duty to respond to domestic violence incidents and can arrest the abuser if necessary.

Can I access financial assistance if I leave a violent de facto relationship?

Yes, there are financial assistance programs available to victims of domestic violence who are leaving in a violent relationship.

Can I get legal assistance to help me leave a violent de facto relationship?

Yes, there are legal aid programs available to victims of domestic violence who need help leaving a violent relationship.