While the festive season is often celebrated as a time of joy and goodwill, for many victims of domestic and family violence, it brings heightened fear and uncertainty. The annual surge in violence during this season serves as a sobering reminder of the challenges victims of domestic violence face behind closed doors. Amid this ongoing crisis, significant legal changes are reshaping how Australia responds to domestic violence, explains Attwood Marshall Lawyers Family Law Associate, Laura Dolan.
Everyone has the right to feel safe at home, but that’s not always the case for people who are in an unsafe or controlling relationship, and certain conditions over the holiday season exacerbate the risk to these people.
Spending more time at home, being isolated from friends, family, and colleagues, and the added financial pressures of the holiday season are just some of the factors that can escalate violent behaviour. Coupled with over-indulgence in alcohol and drugs, these circumstances can create a dangerous and volatile environment.
Domestic violence charities and government services report that domestic and family violence increases by, on average, a third over the holiday period.
Indeed, police in Queensland, Western Australia and Victoria report 20-35 per cent increases in the daily number of family violence incidents over the Christmas to New Year period.
New Year’s Day records the highest assault numbers of the year, with domestic-violence assaults recorded by the NSW Bureau of Crime Statistics and Research 118 per cent higher than the daily average, with incidents peaking between midnight and 3am.
This year so far, Counting Dead Women Australia – an organisation that tracks “every known death due to violence against women” – says the number of women killed by domestic and family violence has reached 47 as of December 5.
It’s a sobering reality that despite increased awareness and intervention efforts, violence continues to escalate at an alarming rate.
Tackling domestic and family violence
Domestic and family violence is not just physical violence. It is much more complex than that and can also present itself as psychological abuse, coercive control, financial abuse, or emotional abuse.
Significant changes have been recently implemented to try and combat these insidious forms of abuse, spanning legislative reform, banking sector accountability and family law protections.
Financial abuse
Last year, a parliamentary inquiry examined the role of banks in preventing financial abuse. The Parliamentary Joint Committee on Corporations and Financial Services presented its report “Financial Abuse: An insidious form of domestic violence” in December 2024.
The inquiry examined the effectiveness of existing laws and the role that banks can play in identifying and preventing financial abuse in Australia.
Financial abuse, or actions aimed at controlling or sabotaging access to economic resources, is one of the more hidden forms of domestic violence.
The report found that 16 per cent of women will experience financial abuse in their lifetimes, compared with 7.8 per cent of men, with the financial toll estimated at $5.7 billion.
Key recommendations include enabling victims to anonymously report abusers to banks, requiring financial institutions to better recognise and respond to abuse, and revising ethical obligations of professionals like lawyers and accountants, including penalties for those who facilitate financial abuse.
Major banks have already ramped up efforts to stamp out financial abuse, with some confirming they will cut off customers who exert undue control over another person’s finances. Commonwealth Bank for example has developed technology to block abusive transaction descriptions. The bank runs a program called Next Chapter, which is aimed at helping those impacted by financial abuse move towards long-term financial independence.
The Australian Taxation Office is looking at guidelines for advisers to help them spot and report financial abuse.
Criminalising coercive control
Lawmakers are also taking action to tackle coercive control – a pattern of abusive behaviour designed to dominate or coerce another person in a domestic relationship. Perpetrators often use tactics such as isolating their partner, controlling their spending, and constantly monitoring their behaviour.
NSW introduced standalone coercive control laws in July 2024, with offenders facing up to seven years’ imprisonment.
Queensland followed suit in May 2025 with what’s been dubbed “Hannah’s Law,” introducing Australia’s toughest penalties for coercive control of up to 14 years behind bars.
South Australia passed similar legislation in September 2025, with up to seven years’ imprisonment now on the table.
Property settlements
Since June 2025, new federal laws have been in place requiring the Federal Circuit and Family Court of Australia to consider any history of family violence when determining property settlements for separating families.
This change recognises that family violence can significantly affect a person’s ability to contribute financially or care for children.
The court will assess whether family violence impacted a person’s contributions to the property pool and to the welfare of the family (for example, if they were not allowed to work and earn money and, therefore, unable to pay for property).
The existence of family violence will also be relevant for assessing a party’s current and future circumstances (for example, if they have ongoing costs for counselling or rehabilitation).
Strained systems and the need for further reform
These legislative changes, while promising, are only part of the solution – implementation and adequate resourcing remain critical challenges.
Our emergency response systems are under unprecedented strain.
In New South Wales, police attend domestic violence incidents every three minutes.
Queensland police attended nearly 200,000 domestic and family violence incidents during the 2024-25 financial year, up from 60,000 in 2012, taking an average of 4.6 hours to respond to each, with many victims waiting hours or days for assistance.
While legislative reforms are crucial, they must be accompanied by better awareness, early intervention, and adequate frontline resources.
Indeed, calls are mounting for a national watchdog to track data, spending and the rollout of recommendations. Policymakers must continue to act with the urgency this crisis demands.
Attwood Marshall Lawyers – helping families during difficult times
Our dedicated family lawyers understand the sensitive nature and urgency of matters involving domestic violence.
If you are experiencing domestic and family violence, including financial abuse, help and support are available.
If you are in immediate danger, please call 000. The police can immediately attend to you and issue paperwork on the spot to protect you from the perpetrator, including issuing a temporary protection order if necessary.
There are also several hard-working support services available to help women and children leave an unsafe home, and support services for men and perpetrators of violence who want to change their behaviour.
Here are some trusted support services:
- 1800RESPECT (1800 737 732): confidential information, counselling, and support service.
- DV Connect (1800 811 811): a state-wide hotline offering free, professional assistance such as counselling, intervention, transport and emergency accommodation.
- DV Connect Mensline (1800 600 636)
- No to Violence Men’s referral service (1300 766 491)
- Lifeline (13 11 14) for crisis support
- Be There app, a bystander empowerment tool, which provides information and resources.
If you need help with making an application for a DVO or other issues related to leaving a violent relationship, our compassionate and experienced family lawyers can help you navigate the legal system and apply for the necessary orders.
For more information or a confidential discussion with our family law team, please contact our Family Law Department Manager, Donna Tolley, on direct line 07 5506 8241, email dtolley@attwoodmarshall.com.au or free call our 24/7 hotline any time on 1800 621 071.
