What Is Family Violence?
In Tasmania, family violence is violent, abusive and controlling behaviour committed by a person against their current or former spouse or intimate partner.
The Family Violence Act 2004 (Tas) defines family violence in Tasmania.
Relationships
Under the Act, family violence occurs where violence is committed directly or indirectly against a person's spouse, partner or ex-partner
This means family violence can occur in marriages or significant relationships between two adults, or between two people where one or both are aged 16 to 18 years.
Conduct
Under the Act, family violence includes a range of violent behaviours, referred to as 'conduct', including:
- assault, including sexual assault
- threats
- coercion
- intimidation
- verbal abuse
- abduction
- stalking
- bullying
- an attempt to commit any of these behaviours
Family violence is more than physical violence and also includes:
- economic abuse
- emotional abuse
- intimidation
- breaching any existing orders relating to family violence
- property damage
What is the difference between family and domestic violence?
The terms domestic violence and family violence are often used interchangeably. However, the scope of relationships covered by domestic and family violence legislation varies across the states and territories.
In other jurisdictions, violence perpetrated by a spouse or partner may be known as domestic violence or intimate partner violence, and family violence is a broader term that can include violence between other family members. Tasmania uses the term ‘family violence’ to acknowledge that children are impacted when violence is directed at one of their carers and, as a result, are victim-survivors in their own right.
Other types of violence
Violence perpetrated by someone other than a current or former spouse or intimate partner is not considered family violence in Tasmania because the relationship is not covered by the Family Violence Act 2004 (Tas).
For example - violence perpetrated by a child against a parent
Violence perpetrated in a casual dating situation is not considered family violence in Tasmania because the relationship does not fit the definition of significant, as defined by the Relationships Act 2003 (Tas)
A family argument is a dispute between two persons, in a relationship, where family violence as defined in the Family Violence Act 2004 (Tas) has not been, and is not likely to be, committed.
For example - a couple may engage in a loud, verbal argument that attracts attention of concerned neighbours who,contact Tasmania Police. On arrival, Tasmania Police make an assessment about whether a situation is a family argument or family violence.
Those affected by other types of violence should consider:
- reporting incidents to Tasmania Police
- applying for a restraint order through Tasmania Police or the Magistrates Court
- discussing their options with support services
Elder abuse is a single or repeated act of abuse occurring in a relationship where there is an implication of trust, which causes harm to an older person. The trusting relationship can be between the older person and their partner, children, in-laws, grandchildren, carers, neighbours and friends, nurses, social workers, home help or even professionals looking after the person’s finances. As such, elder abuse can be formal or informal, voluntary or imposed.
Abuse of older people can include physical, psychological, emotional, financial, sexual and social abuse as well as intentional or unintentional neglect.
Elder abuse is also considered family violence where the abuse is perpetrated by a spouse or partner.
Where abuse against an older person is perpetrated by a child, carer or friend, it is not family violence because the violence is not perpetrated by a spouse or partner.
Seeking help
Where there are immediate safety and risk concerns, call Triple Zero (000).
Where there are safety, risk and wellbeing concerns, call the Tasmanian Elder Abuse Hotline on 1800 441 169.
The hotline is a free, confidential, statewide service, operated by Advocacy Tasmania, which is available Monday to Friday, from 9am to 5pm. Further information is available at http://www.yoursaytas.org/
Respect and Protect Older Tasmanians: Tasmania’s Elder Abuse Prevention Strategy 2019-2022 is the Tasmanian Government’s elder abuse policy.
Child abuse includes neglect, physical abuse, psychological harm, sexual abuse and family violence.
The protection of children and young people in Tasmania is covered by the Children, Young Persons and Their Families Act 1997 (Tas).
The response to child abuse in Tasmania is delivered by the Child Safety Service (CSS) in the Department of Communities Tasmania.
The role of CSS is to protect children and young people who are at risk of abuse or neglect.
All adults have a moral responsibility to report suspected or actual child abuse.
Additionally, in Tasmania it is mandatory for some service providers and professionals to report suspected or actual child abuse. This requirement overrides confidentiality.
Seeking help
Where there are immediate safety and risk concerns, call Triple Zero (000).
Where there are safety, risk and wellbeing concerns, call the Strong Families, Safe Kids Advice and Referral Line on 1800 000 123.
For more information or to submit an online notification about abuse or neglect visit strongfamiliessafekids.tas.gov.au.