Family Violence in 2025

As a family lawyer, I’ve witnessed firsthand how family violence continues to be one of the most pressing and complex challenges in family law. In 2025, the legal system is grappling with both the enduring prevalence of family violence and significant legislative and procedural changes aimed at better protecting victims and ensuring just outcomes.

Prevalence and Impact of Family Violence

Family violence remains alarmingly widespread in Australia. Recent data indicates that one in four women (27%) and one in eight men (12%) have experienced violence by an intimate partner or family member since the age of 15. Despite increased awareness, underreporting remains a major issue-over 80% of women and 97% of men who experienced violence from a current partner never reported it to police. Tragically, 2024 saw 101 Australian women killed by violence, highlighting the ongoing severity of the problem.

Certain times of year, such as New Year’s Day and major public holidays, are particularly dangerous, with spikes in domestic violence incidents regularly recorded. The trauma caused by family violence is not limited to physical harm; it extends to profound emotional, psychological, and financial impacts on victims and children.

Recent and Upcoming Legal Reforms

In response to these realities, family law is evolving. Notably, from June 2025, new amendment is the explicit elevation of family violence as a primary consideration in property settlements and parenting matters. The Family Law Act would require courts to specifically consider the effect of family violence on the current and future circumstances of the affected party, placing this factor at the forefront of judicial decision-making. This reflects a broader recognition that family violence can have lasting economic and emotional consequences, including financial abuse, debt, and diminished earning capacity.

Evidentiary Challenges and Court Practice

Proving family violence in court remains challenging. Courts require clear evidence before making findings of family violence, and the burden of proof can fall heavily on victims, especially where allegations are disputed. However, there is a growing emphasis on the need to protect children and vulnerable parties from ongoing harm, with courts more willing to restrict contact or require supervised visitation in cases where there is a substantiated risk.

The Role of Alternative Dispute Resolution

Another trend is the increasing promotion of non-court dispute resolution options, such as mediation and arbitration, even in cases involving family violence. While these processes can reduce the emotional and financial toll of litigation, they are not always appropriate where there is a significant power imbalance or ongoing risk. Practitioners must remain vigilant to ensure that victims are not pressured into unsafe agreements and that court intervention remains available when needed.

Technology and Evidence

The rise of technology presents new challenges and opportunities. On the one hand, digital evidence (such as texts, emails, and recordings) can be crucial in substantiating claims of abuse. On the other, the risk of deepfake evidence and digital manipulation is increasing, prompting courts to seek expert guidance and new protocols for authenticating evidence.

Key Takeaways

• Stay Informed: Legislative changes in 2025 will affect how family violence is addressed in property and parenting matters. Staying up to date with new rules and court procedures.

• Prioritise Safety:  Always assess the risk to clients and any children and ensure that safety planning and support services are in place.

• Gather Robust Evidence: Encourage clients to document incidents and seek corroborating evidence where possible. Be prepared to challenge or defend digital evidence.

• Consider alternate to Court carefully: While mediation and other forms of dispute resolution options are increasingly encouraged, they are not suitable for all cases-especially where there is ongoing risk or power imbalance.

• Advocate for Victims: Ensure that the impact of family violence is fully articulated in submissions, particularly regarding financial and emotional consequences.

Conclusion

Family violence continues to cast a long shadow over family law practice in 2025. While legislative reforms and increased awareness are positive steps, much work remains to ensure the legal system provides effective protection and just outcomes for victims. As practitioners, we must remain vigilant, adaptable, and compassionate in our approach, always placing the safety and wellbeing of our clients and their families at the forefront of our work.