Financial Control as a Form of Family Violence

Family violence is a pervasive issue that affects individuals and families across New South Wales. While physical abuse is often the most visible form of family violence, it is crucial to recognise that financial control is also a significant and harmful form of abuse. Financial control, also known as economic abuse, involves behaviours that control a person’s ability to acquire, use, and maintain financial resources, thereby limiting their independence and freedom.

Financial control can manifest in various ways, including but not limited to:

• Restricting Access to Money: The abuser may control all household finances, giving the victim little or no access to money. This can include withholding money for basic necessities such as food, clothing, and medical care.
• Monitoring Spending: The abuser may closely monitor the victim’s spending, requiring them to account for every dollar spent and criticising their financial decisions.
• Preventing Employment: The abuser may prevent the victim from working or sabotage their employment opportunities, thereby making them financially dependent.
• Accumulating Debt: The abuser may incur debt in the victim’s name without their knowledge or consent, damaging their credit rating and financial stability.
• Exploiting Resources: The abuser may take control of the victim’s assets, such as property, bank accounts, and other financial resources, without their consent.

Legal Recognition and Protection

In New South Wales, the legal system recognises financial control as a form of family violence. The Family Law Act 1975 (Cth) and the Crimes (Domestic and Personal Violence) Act 2007 (NSW) provide mechanisms for victims to seek protection and redress.

Under the Family Law Act 1975 (Cth), family violence is defined to include behaviours that are coercive, controlling, or cause fear. This broad definition encompasses financial control as a form of abuse. Victims can seek protection through Family Violence Orders (FVOs) and other legal remedies.

Seeking Help and Support

Victims of financial control and other forms of family violence can access various support services in New South Wales. These services include:

• Legal Aid NSW: Provides legal assistance and advice to victims of family violence.
• Domestic Violence Line: A 24-hour telephone service offering counselling and referrals for victims of domestic violence.
• Community Legal Centres: Offer free legal advice and support to individuals experiencing family violence.
• Family lawyers:obtaining independent legal advice to provide advice as to your rights and entitlements.

Financial control is a serious form of family violence that can have devastating effects on victims’ lives. It is essential to recognise and address this form of abuse to ensure the safety and well-being of individuals and families. Legal protections and support services are available in New South Wales to help victims regain their independence and rebuild their lives.

If you have questions about your relationship or feel concerned about separating from your spouse, speak with one of our experienced Family Law Solicitors on 8525 2700, click here to request an appointment, or click on the Book Now button below. Our experienced team of Sutherland Shire Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, and Nikita Ward.

Article by Nikita Ward
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