When intimidation is bordering on deprivation
The introduction of coercive control as a criminal offense under the Crimes (Domestic and Personal Violence) Act 2007 addresses patterns of abusive behavior that isolate and exploit a partner. Meanwhile, the ‘no-fault’ divorce provision under the Family Law Act 1975 allows couples to divorce based on a year of separation without attributing blame.
Abuse as offense
Coercive control involves a pattern of behavior that deprives an individual of independence and support, and includes economic and emotional abuse.
Behaviour Pattern
Unless occurring in a pattern of behavior, a singular act of various effects cannot be qualified as a conduct of offense.
No-fault Divorce
For divorce, the Family Law Act 1975 allows for a ‘no-fault’ divorce, requiring only twelve months of separation without needing to prove fault or misconduct.
Intimidating your partner might be a criminal offense.
An offense of ‘coercive control’ towards domestic partners has been introduced into the context of Crimes (Domestic and Personal Violence) Act 2007. The amended bill mainly covers stalking, intimidating, or breaching a violence order that has been apprehended between partners.
When does it become a crime?
Coercive control is considered as a form of liberty crime since it deprives an individual from independence and self-government. An important criterion for such to be labeled as a crime is seen towards a pattern of behavior with regards to making a partner contingent upon isolating from support and exploitation.
Tasmanian criminal law recognizes economic and emotional abuse as an offense, a substantial aftermath of coercive control. A singular act of the following effects cannot be qualified as a conduct of offense, unless occurring in a pattern of behavior:
- isolating an individual from sources of support such as friends, family or relatives
- making the other person dependent/subordinate to the partner
- controlling, regulating or monitoring the other person’s activities
- restriction of access towards support services
- punishment, humiliation, and fright
- being deprived from freedom
Coercive control, including patterns of intimidation and isolation, is a serious domestic abuse. It is now a criminal offense under the Crimes Act 2007.
Under the Family Law Act 1975, you can file for a ‘no-fault’ divorce simply by proving twelve months of separation, without needing to assign blame.
What if I and my partner have been experiencing a marriage failure with no offense?
The most common grounds for divorce such as adultery, cruelty, insanity and imprisonment may not be necessarily met between partners to be approved for divorce.
Unpopular to separation options exists the ‘no-fault’ divorce under Family Law Act 1975, wherein the court does not consider which partner in the marital breakup was at fault. Hence, the only cause for divorce evidenced by twelve months of separation is the irretrievable breakup of the relationship. It doesn’t need to be proved who’s ‘fault’ has it in between partners.
The aim of the principle is to consider counseling services and mental issues that could be drawn from marital situations. No-fault clause therefore lessens the aggressive tensions between separating partners and push for civil relations.
Read No fault divorce – Family Court of Australia for more information.
How Can Gabito Lawyers Help You?
Our team of Family Lawyers are highly experienced in legal matters concerning family and domestic issues. Gabito Lawyers are knowledgeable with large array of family law and its related issues within South Australian jurisdiction.
