Family violence perpetrators are dragging out lengthy, expensive, and traumatic court processes, leaving many women to reach unfair agreements. In Australia, the lack of legal assistance for domestic abuse victims is forcing tens of thousands of women to represent themselves in court, incur huge debts, or remain in abusive relationships.
A Broken System
Women fleeing domestic violence report that their ex-partners can use the family law system to continue their abuse. The Guardian reports that these perpetrators often run up their victims’ legal fees, delay legal procedures, and harass them with excessive legal letters.
Family lawyers describe the system as broken and drastically underfunded, with many women, already subjected to years of financial abuse, facing legal bills upwards of $200,000.
Katherine McKernan, executive director of National Legal Aid, explains, “It’s a really tough decision for people. I think that they have an option to represent themselves or they may choose to go into significant financial debt in order to manage their matter. All of those things also can mean that you may choose to stay in a relationship that’s unsafe because of the unavailability of services.” [via The Guardian]
Dire Choices and Endless Battles
Karla, who asked to remain anonymous, did not qualify for free legal assistance but could not afford private legal representation. Her ex-partner used the family courts to continue abusing her, running up her legal fees and harassing her with constant legal letters.
“He just wants to keep fighting and fighting,” she says. “If you’ve got someone who’s got that kind of vengeful personality, or post-separation abuse going on, they will just do everything they can to continue the family court hearings because it gives them a chance to humiliate the other person in public. It really came very close to completely destroying my life.” The ongoing legal battles took a severe toll on her mental health and finances, eventually forcing her to agree to unfair terms.
The Need for Legal Assistance for Domestic Abuse Victims
The government recently promised an additional $44.1 million in 2024-25 for community legal services. However, this falls significantly short of the $484 million needed, according to an independent report.
Louise Glanville, chair of National Legal Aid, stated, “The $10.8 million of additional funding coming to legal aid falls well short.” Women’s Legal Services Australia described the funding increase as a “step backwards,” indicating that many services will have to reduce their support.
Women leaving family violence situations often have to navigate the family law system to sort out parenting agreements, child support, and property settlement. The eligibility criteria for legal aid require applicants to be in the lowest 8% of income earners in Australia, putting them well below the poverty line.
Last year, an estimated 52,000 women were turned away from the 13 women’s community legal centers across the country. Katherine McKernan underscores the dire consequences: “Women being murdered in their own homes or after leaving a violent relationship isn’t being given the same level of recognition by governments as protecting our country from foreign threats.”
Increased Funding Needed
Lawyers and advocates have pointed to some changes in the family law system that have made it more accessible and fairer for women trying to leave family violence. For example, laws introduced in 2019 prevent alleged abusers from cross-examining their former partners during hearings. However, more needs to be done.
Legal advocates suggest amending the Family Law Act to consider family violence in property disputes and introducing a mandatory notification system for Indigenous women involved in family violence cases.
A significant increase in funding is crucial. Antoinette Braybrook emphasizes the need for long-term funding agreements to ensure the continuity of services: “We need a massive injection of funding and longer-term funding agreements. So we’re not scrambling at the end of each financial year to get a commitment from government.”
Addressing the lack of legal assistance for domestic abuse victims is vital to ensure that women can safely leave abusive relationships and secure their futures. As advocates call for more support, it is essential for the government to recognize the urgent need for increased funding and legislative changes to protect those most vulnerable.
Featured image: Abusers use the family law court. Source: Nick Youngson CC BY-SA 3.0 Pix4free
