Shifting Language and Meanings Between Social Science and the Law: Defining Family Violence

Abstract

This article explores the complex relationship between social science and the law through the lens of the 2011 amendments to the Family Law Act 1975 (Cth) ('FLA'), particularly the definition of 'family violence' which was introduced. There was no definition of family violence in the FLA until 1996, despite a growing public discourse regarding the issue in Australia during the 1980s, and the introduction of domestic violence protection order legislation in every state and territory over that decade. The definition that became operative in 1996 was subsequently amended in 2006 when major parenting reforms were introduced, and in 2011 it was entirely re-fashioned. The Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (Cth) ('Amendment Act') (which did not become operational until June 2012) was the first time family violence was the central subject of reform of the FLA. The aim of the federal government was to improve the family law system's response to family violence and a key aspect of the amendments was the new detailed definition of family violence intended 'to better capture harmful behaviour' than had occurred under the former legislation.