Law Talks Episode: The season of nightmares: an escalation of domestic violence during the festive period

Robyn: Good morning and welcome to another edition of law talks here on 4CRB. And today we have joining us Attwood Marshall Lawyers, family law associate, Laura Dolan. Thanks for joining us, Laura.

Laura: Thanks for having me.

Robyn: Well, while most people have no doubt just enjoyed everything the festive season had to offer, spending time with friends and family, going to Christmas parties and having well-earned time off work, there is a dark side took the Christmas-New Year season that we need to talk about.

For some, this is the season of nightmares, because we see an increase in domestic and family violence. Laura, let’s talk about why violence increases at Christmas time and into the New year.

Laura: There is an issue that is sadly not getting better and yes, the festive time can make it much worse. Australian crime statistics and police data has shown that there is a significant increase in domestic and family violence incidents across the end of year holidays compared to other times during the year.

This is from mix of reasons. Usually, a combination of financial pressures when the cost of living is impacting so many families and there’s people overindulging in alcohol and drugs over the festive period and also spending extended periods at home.

Robyn: What can you tell us about the complexity of domestic and family violence? Because we know that is not necessarily behaviour that happens overnight.

Laura: The sad reality is many people do not necessarily identify the signs of domestic and family violence when they are the one in the relationship experiencing it.

Victims can excuse the behaviour of their partner or dismiss acts of violence as a one off, but domestic and family violence comes in many forms. It’s not just physical violence. There’s also psychological abuse, sexual violence, financial abuse and coercive control.

Domestic and family violence can start small and build up overtime. Almost conditioning the victim before they realise they are even in such a situation.

Robyn: Yeah. As we know, breaking the cycle of domestic violence is incredibly difficult. How do people find the courage to get out of a relationship that is hurting them?

Laura: Leaving a long-term relationship that involves domestic violence can be incredibly challenging. Often victims fear that if they try to leave or expose their partner, that the abuse will escalate, and their partner will retaliate. There are also complex emotions involved. Despite the abuse, victims may still have an emotional attachment and even love for their abuser, especially in a long term relationship.

A lack of support can make it difficult for these victims to leave. Many feel like they have nowhere to turn and the fear of becoming homeless is a significant deterrent. As we know domestic and family violence is a leading cause of homelessness.

Ultimately, people do have an incredible will to survive when someone can overcome barriers such as financial dependency, concerns for their children, or a lack of safe places to go. They find the courage to make the change when they are ready to do so.

Robyn: And what are the immediate issues people face when trying to exit a relationship and how can they get support?

Laura: The immediate issues, are usually financial resources. This one can be the one of the most significant obstacles for women leaving abusive relationships, especially victims who have suffered financial abuse, which is one of the more hidden forms of domestic violence.

If a woman has little to no access to finances and no financial independence during her relationship, it can be incredibly daunting stepping away from that and finding a way to financially support herself.

However, now there is immediate support available to people to help people during that transition phase. The government introduced an ‘Escaping Family Violence’ payment in 2021, which offers victims of family violence a $5000 support package to help them leave their situation and set up a new home.

The package consists of a one-off payment of $1500 cash and other goods and services to the value of $3500. The payments can be accessed quite quickly and is available to anyone experiencing violence from their partner. There is also 10 days paid family and domestic violence leave available for those working who need this time to escape a violent relationship.

The government also introduced increased rate in assistance for people leaving domestic violent relationships and has more accessible crisis accommodation and affordable housing for women and children escaping violence. So, the additional assistance that is now available does help to some degree for that immediate transition to a safe place. However, I appreciate it is still incredibly difficult to take that step and seek that support you need.

Robyn: Yeah, it must be. And how can a family lawyer support someone who is leaving a relationship as a result of domestic and family violence?

Laura: When someone leaves a long-term violent relationship, the journey to safety and stability can be really overwhelming. This is where our family lawyer can help and steps in to provide essential support. Beyond the initial help, a victim of abuse may need, such as attaining a protection order, a family lawyer plays a crucial role in guiding that person through the financial and legal matters that follow.

For instance, they can assist with seeking urgent spousal maintenance or child support to ensure that immediate financial needs are met.

A family lawyer will also help with property settlements, making sure the individual gets a fair share of the matrimonial asset pool and any financial support they are entitled to from their former partner. This can provide much needed security during a really uncertain time.

If the former couple was married, a family lawyer can also handle the application for divorce process. Overall, a family lawyer acts as an advocate, guiding their clients through the legal system and providing a sense of stability and reassurance during what is usually the most difficult time in a person’s life.

Robyn: Now, before we wrap up, I just want to reiterate some of the support services that are available for anyone who is experiencing domestic and family violence.

1800RESPECT is the national domestic violence and sexual violence counselling service. DV Connect, 1800 811 811. Men’s line Australia, 1300 789 978.

And of course, let’s not forget legal services and the importance of seeking advice from an experienced family lawyer to assist with the number of family law matters that come with leaving any relationship, but particularly one that involves domestic violence.

Well Laura let’s keep the conversation going and thanks for joining us today.

You’ve been listening law talks here on 4CRB, which you can hear every Friday morning from 9 o’clock.