416,912 people helped
Customer Satisfaction Rating
4.9 star rating (4.9/5)
For media | For professionals | For employers
× Quick exit (ESC)

Blog

Separation when there is family violence

Many of us think about family violence as something that leaves cuts and bruises. But violence comes in many forms, and we can’t always see the evidence. Any behaviour in a domestic setting that causes damage to a person, whether physical or psychological, is considered family violence.

Whether you’re a victim or want to be an ally, find out about 9 forms of family violence, the signs, and how separation is approached in this sensitive and often dangerous situation.

9 types of violence

Family violence is about controlling other household members, and it comes in many forms.

  1. Physical violence — causing physical harm and behaving recklessly in a way that puts someone at risk.
  2. Sexual violence —coercing or forcing someone into sexual activity, hurting someone during sex, or refusing contraception.
  3. Emotional violence — bullying or humiliating someone to make them feel worthless or irrational, including gaslighting.
  4. Psychological violence — using threats and behaviour to induce fear.
  5. Spiritual abuse — using someone’s spiritual or religious beliefs to control or manipulate them.
  6. Cultural abuse — harming or dominating someone and using cultural or religious traditions as justification.
  7. Financial abuse — taking away someone’s financial freedom or accessing their money without permission.
  8. Verbal abuse — verbally taunting someone, being rude about their appearance, intelligence, or value.
  9. Neglect — failing to care for a person that they are responsible for or provide for their spouse or children’s needs.

These types of violence can blur into one another and rarely happen in isolation. Physical violence is very unlikely without some other form of intimidation or abuse.

What are the signs of family violence?

Some of the signs a friend or family member may be experiencing family violence include:

• becoming anxious, depressed, withdrawn, or losing self-esteem
• having restrictions on whom they can or can’t see or what they can or can’t do
• having strict timeframes to complete activities outside the home
• having an allowance or not having access to their own money
• not inviting people to their home, or frequently cancelling arrangements
• children in the relationship becoming afraid of the partner and withdrawn or anxious.

What to do if someone is experiencing family violence

Anyone facing violence needs help. Possibly to first recognise that the behaviour is happening, and then to know what steps they can take to escape.

In some cases, someone in a violent situation may not understand that they’re experiencing abuse. Heidi Rogers, psychotherapist and counsellor from Moving Mindsets, says she regularly sees clients who don’t realise, ‘oh, wow, that’s actually not love that is abusive and controlling and violent.’

She recommends if a trusted person wants to bring the topic up, they seed the idea by saying, ‘hey, I don’t know if that’s really quite okay the way that they’re speaking to you or that you have all those rules around what you wear.’

If a victim of family violence is ready to take the first steps out of the situation, Heidi suggests they contact a support agency. These agencies know how to help people safely, including arranging housing, support services and legal help and getting the police involved if necessary.

Separation and family violence

Andrew Wilson, Barrister and Mediator with The Separation Guide, says that the pathway of mediation is difficult when there is violence in a relationship. Whether the abuse is physical or psychological, it is about control, so separation can be dangerous for victims. An abuser separating from their partner may feel a loss of control and become more volatile.

Mediator and Barrister Jack Whelan adds that ‘for people to be able to access mediation, it really does require there to be a power balance.’

Tanya Hibberd, a family law specialist from Aubrey Brown, says that before any court proceedings about divorce can happen, the priority is to ensure the victims of violence are not in immediate danger and have the support they need.

Once court proceedings can continue, the incidence of family violence is considered when property settlement and child custody are decided. It also affects how the court handles the disclosure of information to ensure family violence survivors are protected.

Tanya says whatever happens in court is done ‘with that person’s safety in mind because that person’s safety trumps everything.’

If you’d like to hear more about family violence in separation, listen to the full podcast here.


Meet our Women’s High-Conflict Divorce Coach

Danielle Black

Danielle Black is a specialist Divorce Coach who helps women navigate high-conflict separation, divorce and co-parenting. Her international high-conflict coaching certification and extensive lived experience help her understand what clients are going through. Danielle is passionate about supporting women to create safety and security for themselves and their children from a foundation of courage, strength, and hope.

BOOK A FREE CALL WITH DANIELLE


We understand this content may be upsetting to some readers. If you would like any support, please reach out to one of the support services listed below:

Lifeline | 13 11 14
1800Respect (formerly White Ribbon) | 1800 426 820
Relationships Australia | 1300 364 277
Safe Steps | 1800 015 188
Men’s Referral Service | 1300 766 491
Kids Helpline | 1800 551 800
Beyond Blue | 1300 22 4636

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.

Blog

The impacts of parental alienation and how to avoid it

When a relationship falters, communication and respect can break down. If the separating couple has children, this can result in parental alienation, where one parent tries to prevent a child from having a reasonable relationship with the other parent.

While some people are caught up in their own pain and unaware that they are alienating their former partner, it is often intentional behaviour to punish the other parent and diminish them in the eyes of the child.

Some behaviours of parental alienation include:

  • speaking ill of the other parent
  • saying they behave in an unacceptable way
  • blocking opportunities for contact with the child
  • saying they do not have the child’s best interests at heart
  • pushing them out of their parenting role.

It is important to note that restricting a parent’s access to their child is not alienation when there is a legitimate concern that the child is in danger. Parental alienation occurs when both parents are able to provide a safe and nurturing environment.

How parental alienation impacts children

Children experiencing parental alienation can feel very vulnerable and conflicted.

Lynne Datnow, Psychologist and Clinical Family Therapist at Stonnington Family Counselling, explains it can be very stressful and confusing for children. In her practice, she often sees symptoms of anxiety and depression, and a child can become ‘avoidant of activities that they previously enjoyed, or we can also see them pulling away from one or other parent or both parents and feeling quite lost and alone.’

How parental alienation impacts the other parent

Lynne says the effect on the other parent can be profound. ‘When that parent who’s been alienated is no longer able to have contact with the child and be part of the child’s growth and development, it creates a profound sense of loss and hopelessness, and that can be experienced as anxiety, depression, a sense of failure.’

Parental alienation in Court

Accredited Specialist in Family Law, Kath Manby, from VM Family Law explains that the Court system isn’t a quick fix. Determining whether parental alienation is happening can be difficult and Court proceedings often become delayed and drawn out. This exposes all parties to further pain and de-rails conciliatory approaches.
Putting children through the Court system can be damaging to their mental health and further hurt their relationship with one or both parents. Kath acknowledges there are some cases where Court proceedings are unavoidable. But she says, ‘we have a duty as well to make sure that the best interests of children are protected, so you certainly don’t want to be putting something into Court where you’re potentially putting children more at risk.’

How to avoid parental alienation

While it is common to feel anger and hurt towards a former partner, it is important that parents change their mindset away from their own hurt and consider the best outcome for their children. One way to achieve this is to practice radical acceptance. You can read about it here.

Family Lawyer Bron O’Loan from O’Loan Family Law recommends working with the whole family in mediation and counselling as early as possible before the issue becomes advanced. Even if the situation seems unsolvable, Bron says that as long as both parties are equally capable of being supportive parents, it isn’t necessarily too late.

‘If somebody comes to us and the wheels have fallen off and they are heading down that court path, there’s always an opportunity to reign it all back in and just say to everyone, “Hang on a minute, just stop, and breathe. And let’s have a look at what the issues really are.” Because it’s okay, perhaps, for separating couples, to fall off the rails, but then to say, “It’s okay, we’re going to come back on again. We’re back on track.” And I think that’s a responsibility of family lawyers that we need to try very hard to bring people back on track.’

If you’d like to hear more about parental alienation, listen to the full podcast here.

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.