Is Emotional Abuse Considered Domestic Violence?
IS EMOTIONAL ABUSE A CRIME IN AUSTRALIA?
Handling a separation and family conflict can be difficult, but when you are experiencing emotional abuse, physical abuse, or economic abuse, it can feel even more overwhelming and isolating. When it comes to forms of abuse people experience in the home, many wonder whether non-physical behaviours are taken seriously legally. The short answer is yes: non-physical, emotional forms of abuse are recognised as part of domestic violence. Intimate partner violence is not just limited to physical violence in the eyes of the law, and you are entitled to support and legal action for emotional abuse as much as any other form.
At Michael Lynch Family Lawyers, our experience with family law means we know how hard it can be to make sense of your situation. Our article explains what emotional abuse is, how it is treated in Queensland law, and what steps you can take if you need protection. You are not alone in this, and you can navigate this safely and start reclaiming your life.
UNDERSTANDING EMOTIONAL ABUSE
In Queensland, emotional, psychological and, economic abusive behaviour constitutes domestic violence and can be the basis for a Domestic Violence Order (DVO). So, what are some examples of this?
Emotional abuse often doesn’t leave visible scars, but its impact is just as serious as physical harm. Recent reforms in Queensland recognise this, with coercive control now criminalised as a standalone offence from May 2025 under Hannah’s Law. This change makes it clear that patterns of controlling, intimidating or isolating behaviour, even without physical violence, are serious crimes in their own right. The law acknowledges the profound psychological harm caused by coercive control and provides stronger protections for those experiencing this form of abuse. Some signs of emotional abuse and coercive control include:
- Following a person when the person is out in public, including by vehicle or on foot
- Remaining outside a person’s residence or place of work
- Repeatedly contacting a person by telephone, SMS message, email or social networking site without the person’s consent
- Repeated derogatory taunts, including racial taunts
- Threatening to disclose a person’s sexual orientation to the person’s friends or family without the person’s consent
- Threatening to withhold a person’s medication
- Preventing a person from making or keeping connections with the person’s family, friends or culture, including cultural or spiritual ceremonies or practices, or preventing the person from expressing the person’s cultural identity
These behaviours are designed to control, intimidate, or isolate someone, leaving them to feel scared and powerless. Even if there are no bruises or broken bones, the emotional toll can be devastating and is taken seriously under Queensland law.
RECOGNISING ECONOMIC ABUSE
Economic abuse refers to many forms of behaviour by a person (the first person) that is coercive, deceptive, and unreasonably controls another person (the second person), without the second person’s consent:
- a) In a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour
- b) By withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or a child. Especially if the second person or the child is entirely or predominantly dependent on the first person for financial support to meet those living expenses.
Some examples of financial abuse include:
- Coercing a person to relinquish control over assets and income
- Removing or keeping a person’s property without the person’s consent, or threatening to do so
- Disposing of property owned by a person, or owned jointly with a person, against the person’s wishes and without lawful excuse
- Without lawful excuse, preventing a person from having access to joint financial assets for the purposes of meeting normal household expenses
- Preventing a person from seeking or keeping employment
- Coercing a person to claim social security payments
- Coercing a person to sign a power of attorney that would enable the person’s finances to be managed by another person
- Coercing a person to sign a contract for the purchase of goods or services
- Coercing a person to sign a contract for the provision of finance, a loan or credit
- Coercing a person to sign a contract of guarantee
- Coercing a person to sign any legal document for the establishment or operation of a business
EMOTIONAL ABUSE IN FAMILY LAW MATTERS
How Emotional Abuse Affects Families
Abuse is not always obvious or visible. In family law, courts recognise that an emotionally abusive relationship can be just as damaging as physical abuse, and even more subtle. People living with an abusive partner may experience verbal abuse, constant criticism, gaslighting, or withholding affection as part of a pattern of abusive and controlling behaviour.
This conduct can affect anyone, regardless of gender identity, age, or socioeconomic background, and may involve forcing isolation from family or friends. The effects on self-worth can be profound, leaving a person feeling trapped and unsafe. Family courts consider this impact when making decisions about parenting, property division, and protection orders. For example, emotional abuse in divorce or separation proceedings can influence custody arrangements, visitation rights, and financial settlements, as the court seeks to prioritise the safety and well-being of all parties involved.
Serious Forms of Abuse
In extreme cases, intimate partner violence may escalate to sexual assault, non-consensual sexual acts, or unwanted sexual contact. Threatening physical harm, death, or self-harm can further heighten fear. Even if the abuse is not physical, it is still recognised as highly harmful in family law proceedings.
EMOTIONAL ABUSE IN DIVORCE
Emotional abuse doesn’t stop when a relationship ends; in fact, it can continue or even escalate during divorce proceedings. Courts recognise that these behaviours can have lasting effects on mental health, parenting capacity, and financial stability.
How to Prove Emotional Abuse in a Divorce
Emotional abuse can be difficult to demonstrate, but it is taken seriously in family law. Evidence may include text messages, emails, financial records, or witness statements that show patterns of controlling or intimidating behaviour. Professional reports from counsellors, psychologists, or doctors can also support claims of emotional harm. Early legal advice can guide you in gathering and presenting evidence, ensuring your experiences are recognised and considered in decisions about custody arrangements, property, and safety.
DOCUMENTING AN EMOTIONALLY ABUSIVE RELATIONSHIP
Why Documentation Matters
The court relies on evidence to assess patterns of abusive behaviour. If you are experiencing emotional abuse, keeping records can be critical for future or current legal proceedings.
What to Record When Experiencing Emotional Abuse
- Incidents of things like name-calling, degrading, accusations, manipulation, or humiliation
- Control over financial information or restriction from work or income
- Any threats or acts that could lead to self-harm
- Manipulative or isolating behaviours, including limiting time spent with friends or family members
- Instances of drug use linked to abusive control or intimidation, or law breaking
- Calls, texts, emails, social media posts, or written communication
How Evidence Helps
Records show that the abuse is not a one-off incident, but part of a continuous violent relationship or broader strategy to maintain power. Courts also consider other forms of abuse, which can be critical in protecting children or vulnerable adults in a family relationship.
DOMESTIC VIOLENCE LAWS IN QUEENSLAND
Queensland law defines domestic violence broadly, including abuse, coercive control, and abusive behaviour, not just physical abuse or sexual abuse. Legal protections extend to anyone facing immediate danger from an intimate partner or family member.
Courts take abuse seriously when determining protection orders, parenting arrangements, and property settlements. People in violent relationships have access to urgent remedies, helping them achieve safety and stability, including a quick exit when necessary. Under the Domestic and Family Violence Protection Act 2012 (QLD), courts can issue Domestic Violence Orders (DVOs) to restrict contact, harassment, or intimidation. DVOs can include conditions around the home, work, children, or communication. Breaching a DVO is a criminal offence, and evidence of emotional, psychological, or economic abuse is considered when making parenting or property decisions, prioritising the safety of affected family members.
GET LEGAL HELP WHEN FACING AN ABUSIVE PARTNER
Domestic Violence laws are different in each State of Australia. ‘Domestic Violence’ in Queensland has a wide definition and includes much more behaviour than what has been listed in this article. Emotional abuse in divorce is serious and unacceptable and action can be taken to stop it. If you have concerns about a situation you are in, call us for advice.
Domestic violence affects people in many ways, including through psychological abuse and ongoing abusive behaviour. At Michael Lynch Family Lawyers, our experienced team can provide guidance through property settlement, divorce, parenting arrangements and more, while taking into consideration your domestic violence issues, helping you understand your legal options, and support you in taking the right steps to protect yourself. We provide a fixed cost, no obligation initial appointment. Call us on (07) 3221 4300 or email [email protected] to arrange.
