What Does Economic Violence Include? An Opinion from a Domestic Violence Lawyer
People are generally short-sighted in matters related to domestic abuse. Still, if you ask your domestic violence lawyer, they will tell you that there are many forms of abuse. Economic abuse is relatively unspoken about, but it is something that is prevalent. It rarely happens in isolation either, and it often sits alongside the other forms of domestic violence such as physical, emotional and psychological abuse.
Any type of domestic violence has serious sanctions, so contact your lawyer if you need to be advised of your rights. And before anything else, if you or someone in your household is in immediate danger, call 000.
Definition of Economic Violence
Economic or financial violence refers to actions by a family member showing that they have attempted to unjustifiably control another family member’s economic or financial freedom. For behaviour to be regarded as economic abuse, it has to be done without the person in question’s consent.
In Victoria, economic abuse is expressly recognised as a form of family violence, and it can ground an intervention order application in the same way that physical violence or threats can.
Types of Economic Violence
There are different kinds of economic abuse, and some forms of financial abuse might not be as apparent as others. Below are some examples.
Controlling Someone’s Finances
- Controlling a family member’s finances.
- Dictating how the household income should be used.
- Coercing a family member to claim certain social security benefits such as Centrelink.
- Forcing a family member to stand as surety for a loan or make them take out a loan in their name.
- Pressurising a family member to apply for a credit card.
- Making a family work and not paying them.
- Instituting fraudulent insurance claims.
- Forging the signature of a family member on documents.
- Spending a family member’s pension
- Selling a family member’s things.
- Abusing a family member’s Power of Attorney
- Making a family member amend their Will under duress.
Preventing a Family Member From Making Money
- Stopping a family member from securing employment.
- Stopping a family member from attending work or work-related events by depriving them of sleep or using violence.
- Stopping a family member from getting an education.
- Stalking or, in any other way harassing a family member’s coworkers.
Restricting a Family Member From Accessing Their Funds
- Preventing a family member from using their bank accounts
- Not allowing a family member access to funds for basic necessities such as food or medicine.
- Damage, destruction or theft of someone’s property.
- Accruing debt on joint accounts or credit cards.
- Withholding financial obligations such as child support payments
- Not working or contributing to the household income.
- Gambling family members’ money or money held together.
If you have been engaging in this behaviour, stopping would be in your best interest. Domestic abuse of any kind is highly frowned upon, and the law takes it seriously.
Why Economic Abuse Often Goes Unnoticed
Many of these behaviours can look, from the outside, like ordinary household arrangements. Plenty of couples share bank accounts, and in many families one partner handles the bills. The difference lies in consent and control. A shared budget both people agreed to is not abuse. A situation where one person must ask permission to buy groceries or account for every dollar they spend may well be.
This grey area cuts both ways. Some victims do not realise that what they are experiencing has a legal remedy, while others can find themselves accused over financial decisions they believed were made jointly, particularly during a relationship breakdown. With family violence matters generally on the rise across Victoria, allegations of this kind are coming before the courts more often.
What Evidence Tends to Matter
Economic abuse usually leaves a paper trail, so financial records often become central in these matters. Bank statements, loan applications, Centrelink correspondence, payslips, messages about money and records of who signed what can all help a court understand what actually happened. Whether you are seeking protection or responding to an allegation, keep relevant documents and avoid deleting messages. Your lawyer can advise on what is likely to matter.
Sanctions
If a family member accuses you of economic abuse, they may apply for a Family Violence Intervention Order against you. This will prevent you from committing family violence against that person. These orders may specify many conditions that, if not followed, can result in criminal charges.
An intervention order is a civil order, but breaching it is a criminal offence, and conditions can affect where you live, who you contact and how shared finances are managed. It is also important to know that once police are involved, the complainant does not simply control what happens next. If you are wondering how charges against someone for domestic violence can be dropped, that decision rests with the police and the prosecution, not the person who made the report.
When to Get Legal Advice
If you have been served with an intervention order application alleging economic abuse, get advice before the first court date. There may be defences available, the conditions sought may be broader than necessary, and practical options such as negotiating conditions are much easier to explore early. Do not contact the applicant to sort it out yourself, as that can make matters worse.
If you believe you are experiencing economic abuse, legal advice is just as important. A lawyer can explain the protection available, help you apply for an intervention order and point you towards support services.
How a Lawyer Can Help
Experienced domestic violence lawyers in Melbourne deal with these matters daily. They can assess the allegations, organise the financial evidence, appear for you at court and negotiate workable conditions. Early advice usually means more options.
Conclusion
If you have been accused of financial abuse and need to find a way forward, contact us. We can also advise you on any applicable defences. Financial Abuse is a serious offence.
If you are a victim of economic abuse or domestic violence, you should also get legal advice. Contact a lawyer or the police station to find out how you can get the protection you deserve.
Regardless of which party you are, everyone has rights. Get the legal advice that you require now.
Sources
Financial Abuse and Economic Control | WIRE
What is Domestic and Family Violence in Victoria?
