Women's Experiences of the Processes Associated with the Family Court of Australia in the Context of Domestic Violence: A Thematic Analysis

Abstract

Domestic violence is a pervasive, significant social and public health issue that often has physical, emotional, social, legal, economic and political ramifications. The present qualitative study sought to address the paucity of knowledge in the domestic violence literature by identifying the psychological impact of the Family Court process on women who have left abusive relationships. A thematic analysis was conducted on the narratives of 15 women who had left abusive relationships and who had, or were currently, engaged with the Family Court. The results revealed that the experience of engaging with the court process caused considerable distress for the women. Principal themes related to fear of the ex-partner and having to confront him at hearings, constantly reliving the relationship via affidavits, and the insensitivity of some legal professionals to the difficulties experienced by women confronted with these experiences.

Key words:

• abusive relationships
• domestic violence
• Family Court
• fear
• legal processes
• retraumatization
• trauma

Notes

1. The term ‘domestic violence’ has been used throughout to reflect the gender-neutral language of the Family Law Act 1975. Other terms include family violence, violence against women and gender-based violence.