A Different Kind of Prevention
At a recent Women’s Health Forum, I heard someone describe the upcoming Victorian state election as the “pothole election.” It was a memorable description, and there is certainly evidence that roads and basic infrastructure are receiving considerable attention as we move towards November.
The condition of Victoria’s roads is a genuine issue. In September 2026, the Victorian Auditor-General’s Office reported that the overall condition of Victoria’s state roads was deteriorating. In 2024, around 48 per cent of the network was assessed as being in poor or very poor condition, compared with 39 per cent in 2021. The audit also found a large and growing maintenance backlog and reported that insufficient funding had resulted in a greater focus on reactive and safety-critical repairs rather than preventative works (Victorian Auditor-General’s Office [VAGO], 2026).
There is something about the language of road maintenance that has stayed with me, though: prevention. With roads, we understand the value of finding problems before they become dangerous. We inspect them, maintain them and repair them because preventing harm is better than dealing with the consequences afterwards.
I wish we talked about preventing harm to people with the same urgency.
I’ve had a number of conversations recently about family violence continuing after separation, including through legal and other systems. While the experiences behind those conversations are deeply troubling, I am encouraged that our community’s voice is becoming louder in its intolerance of family and partner violence. There should never be an acceptable level of violence, and our increasing willingness to recognise it, talk about it and call it out matters.
Some of the experiences women have described are harrowing, particularly when children are involved, but these are not stories that are mine to tell. They have, however, left me asking questions. Is this recognised as a form of family violence? Can legal and administrative systems themselves be used to continue control after a relationship ends? What happens when somebody has to repeatedly pay for legal advice or return to court? What happens if they eventually cannot afford to continue? Finally, what information could help someone recognise what is happening or understand their options earlier?
The purpose of this article.
Mums of the Hills isn’t a family violence or legal service, and we aren’t the authority on these questions. Instead, I have gone looking for information from the people and organisations that are: Australian government agencies, courts, researchers, parliamentary inquiries, specialist family violence organisations and legal services.
I want to put that information into people's hands. It might be something you need yourself, something you save because you think you could need it one day, or an article you send to a friend because something they have told you has concerned you. It might simply be a link you share when you don't know what to say or what advice to give. Yes, I know this is a tough one to read, but it’s so incredibly important. As a community, I feel it’s our responsibility not to shy away from this conversation.
You don't need to become the expert. Sometimes being able to say, “Victoria Police has information about this,” “This is recognised by the Australian Institute of Health and Welfare,” or “Women's Legal Service Victoria has information about exactly this situation” can help someone find their way to people who are.
So, even if this election is more focused on preventing potholes, I hope the information collected here might help prevent something much more consequential. We can rebuild a road. The harm done to a person can be much harder to repair.
If one of these articles helps somebody recognise what they are experiencing, understand that a particular behaviour is recognised as family violence, seek specialist advice before leaving, prepare more safely, or help a friend find the right support, then it is worth knowing where these resources are.
When I started looking, I found that many of the experiences women have been describing are not simply anecdotal. They are recognised and documented by Australian government agencies, courts, researchers and specialist services. One of the behaviours I particularly wanted to understand has a name: systems abuse.
What is systems abuse?
Victoria Police describes systems abuse, also known as legal abuse, as occurring when somebody “manipulates legal or social support systems to control, threaten and harass someone else” (Victoria Police, n.d.). Its examples include using legal threats to frighten or control someone, preventing someone from obtaining legal advice, causing legal delays, making false reports to courts, police or other services, and lodging multiple or persistent applications intended to overwhelm someone (Victoria Police, n.d.).
The Australian Institute of Health and Welfare also recognises legal systems abuse. It reports that legal systems can be manipulated by perpetrators of family, domestic and sexual violence to threaten, harass and assert power and control. This can include using proceedings to continue harassment and “interrupting, delaying or prolonging formal processes” to increase a victim-survivor's costs and disrupt their life (Australian Institute of Health and Welfare [AIHW], 2026a). AIHW reports that systems abuse can adversely affect a victim-survivor's health, wellbeing, finances and social connections (AIHW, 2026a).
Systems abuse is also now explicitly recognised within Victorian family violence law. From 26 April 2026, Victorian law recognises a broader range of controlling and coercive behaviours as family violence, including systems abuse involving the use of courts, police or other agencies to harm, control or intimidate someone (Victoria Legal Aid [VLA], 2026a).
That distinction is important. A difficult separation is not automatically systems abuse, nor is every disagreement about children, property or parenting arrangements evidence of abuse. What these official sources describe is the misuse of systems as a mechanism of control, intimidation or harm.
How big is the broader issue of family violence?
The Australian Bureau of Statistics' Personal Safety Survey 2021–22 provides some context for the scale of partner violence and abuse in Australia. The survey measures experiences including physical and sexual violence, emotional abuse and economic abuse and provides both national and state-level estimates (Australian Bureau of Statistics [ABS], 2023).
In Victoria, the ABS estimated that 679,000 women, or 26 per cent, had experienced violence, emotional abuse or economic abuse by a cohabiting partner since the age of 15. This included an estimated 413,700 women who had experienced physical or sexual partner violence, 572,600 who had experienced emotional abuse and 372,000 who had experienced economic abuse (ABS, 2023).
These are population survey estimates rather than police reports or court findings, and different measures across family violence datasets shouldn't be treated as interchangeable. They do, however, give some indication of the scale of partner violence and abuse within our community.
Family violence and the family law system
One statistic particularly stood out when I started looking into what happens after separation. According to AIHW, data from notices filed with applications for final parenting or parenting-and-property orders in the Federal Circuit and Family Court of Australia during 2024–25 showed that one or more parties alleged experiencing family violence in 86% of matters. In 77%, one or more parties alleged that a child had been abused or was at risk of child abuse (AIHW, 2026a).
It is important to be precise about what those figures mean. They record allegations made in notices filed with the Court, not findings that family violence or child abuse occurred in 86 or 77% of cases. They also relate specifically to matters reaching this part of the family law system and shouldn't be interpreted as representing separated families generally. Nevertheless, they demonstrate how frequently allegations of family violence and concerns about children's safety arise in parenting matters before the Court.
When the legal process becomes part of the abuse
This was the issue that prompted many of my questions. What happens when a person isn't simply navigating a difficult legal process, but alleges that the process itself is being deliberately used against them?
A Parliament of Australia inquiry into family violence orders examined systems abuse within the family law system. The inquiry described systems abuse as a form of family, domestic and sexual violence in which legal and administrative systems are manipulated to control, threaten or harass a current or former partner (House of Representatives Standing Committee on Social Policy and Legal Affairs, 2025).
The committee reported that systems abuse can undermine a victim-survivor's ability to obtain protection and establish safe parenting arrangements. It also found that systems abuse can extend the length and cost of proceedings and contribute to parenting orders that do not reflect the safety needs of victim-survivors and children (House of Representatives Standing Committee on Social Policy and Legal Affairs, 2025).
The inquiry also heard evidence about the financial consequences of prolonged proceedings. Its report discusses delaying tactics, repeated litigation and the potentially significant cost of private legal representation, including circumstances in which financial barriers may affect whether victim-survivors commence proceedings, respond to proceedings brought against them or continue litigation concerning parenting arrangements (House of Representatives Standing Committee on Social Policy and Legal Affairs, 2025).
This takes the issue beyond individual stories. These are problems that have been sufficiently documented for a parliamentary committee to examine them specifically as barriers to safety and fairness within Australia's family law system.
How long can family law proceedings continue?
Research published by Australia's National Research Organisation for Women's Safety examined particularly complex cases involving parenting orders and contravention applications. In the court-file sample, the mean overall duration of proceedings was approximately 54 months, 62% extended beyond three years, 30% lasted between five and nine years and 6% extended for 12 years or more (Carson et al., 2022).
The characteristics of these matters are important when interpreting those figures. The researchers identified very high levels of family violence, child abuse and child-safety concerns within the sample, meaning these cases should not be treated as representative of all separated families or all family law proceedings (Carson et al., 2022).
What the research does demonstrate is that some families can remain involved in repeated and complex litigation for years, with children and parents living with the consequences throughout that period (Carson et al., 2022).
What happens when somebody can no longer afford to continue?
This was perhaps the question that concerned me most when I began looking at systems abuse. If someone has to repeatedly obtain legal advice or respond to proceedings over several years, what happens when their money eventually runs out?
Victoria Legal Aid has been raising precisely this issue. In September 2026, it called for increased investment in family law legal assistance and for systems abuse to be recognised as a form of family violence under federal family law (VLA, 2026b).
According to Victoria Legal Aid, only 8% of Australian households meet financial eligibility tests for legal aid, while 14% of Australians live below the poverty line. Victoria Legal Aid argues that underinvestment in legal assistance leaves many victim-survivors unable to access representation when they need it (VLA, 2026b).
Its Executive Director of Family, Youth and Children's Law, Joanna Fletcher, puts the issue particularly clearly:
“Without a justice safety net, women cannot participate safely or meaningfully in family law processes” (VLA, 2026b).
It is important not to turn that evidence into a claim that a mother who runs out of money will automatically lose the care of her children. That isn't what these sources say, and parenting decisions are determined according to the law and the circumstances of individual cases.
What the recognised sources do say is concerning enough. Financial barriers can affect a victim-survivor's ability to participate meaningfully in family law processes, while systems abuse can increase the duration and cost of proceedings and undermine attempts to establish safe parenting arrangements (House of Representatives Standing Committee on Social Policy and Legal Affairs, 2025; VLA, 2026b).
The impact on children
Children can't be separated from this discussion. The parliamentary inquiry specifically considered the effect systems abuse can have on establishing safe parenting arrangements and reported concerns about parenting orders that may not reflect the safety needs of victim-survivors and children (House of Representatives Standing Committee on Social Policy and Legal Affairs, 2025).
The ANROWS research similarly demonstrates how closely child safety and family violence can intersect with complex parenting-order disputes. The researchers found substantial evidence of family violence and child-safety concerns in the cases they examined and highlighted the experiences of children and young people within these proceedings (Carson et al., 2022).
For me, this reinforces why conversations about family violence prevention cannot focus only on the adults involved. Children's safety and wellbeing are part of the discussion too.
Leaving doesn't necessarily mean the risk has ended
One of the reasons I wanted to look into this issue is that we sometimes hear a deceptively simple question when family violence is discussed: why doesn't someone just leave?
Evidence concerning intimate partner homicide demonstrates why the period around separation is taken seriously by specialist services. AIHW reports that intended or actual separation can be a risk factor in intimate partner homicide, with separation or an intention to separate present in a substantial proportion of cases involving a male intimate partner killing a female partner (AIHW, 2026b).
That does not mean every woman contemplating separation faces this level of danger. It does explain why specialist organisations take the period surrounding separation seriously and why individual safety planning and specialist advice can be important.
It is also why access to good information before someone leaves matters.
What if someone is only thinking about leaving?
Women's Legal Service Victoria specifically provides assistance for people at this stage. It advises that women thinking about leaving a relationship because of family violence can seek information about their children, money, home, debts, visa, living arrangements and what separation may mean for them (Women's Legal Service Victoria [WLSV], n.d.).
Importantly, obtaining information does not require someone to make an immediate decision. Women's Legal Service Victoria tells women:
“There is no pressure to take action. You do not have to do anything until you are ready” (WLSV, n.d.).
That seems particularly important in light of everything else the evidence tells us. Someone doesn't have to understand the family law system, recognise systems abuse or work out all the implications of leaving by themselves before seeking advice. They can ask questions first and obtain information from services that understand the legal and safety issues involved.
Coming back to prevention
This brings me back to that description of a “pothole election.” The analogy obviously has limits. Roads and family violence are profoundly different issues, and I don't want to suggest otherwise. What stayed with me was the underlying concept of prevention.
The Auditor-General's report explains that proactive road maintenance can slow deterioration, reduce long-term costs and help provide safer and more reliable roads. Delaying maintenance can contribute to further deterioration and make repairs more expensive later (VAGO, 2026).
When we talk about preventing harm to people, the stakes are different. The evidence I found while writing this article shows that family violence doesn't necessarily end when a relationship does. Victoria Police and AIHW recognise systems abuse; Victorian law now explicitly recognises systems abuse among controlling and coercive family violence behaviours; a parliamentary inquiry has examined the use of legal and administrative systems to continue abuse; Australian researchers have documented the experiences of families caught in complex and prolonged parenting disputes; and Victoria Legal Aid is calling for greater access to legal assistance for victim-survivors (AIHW, 2026a; Carson et al., 2022; House of Representatives Standing Committee on Social Policy and Legal Affairs, 2025; Victoria Police, n.d.; VLA, 2026a, 2026b).
There are jurisdictional limits to what any Victorian Government can do. Family law is predominantly a Commonwealth responsibility, while Victoria has responsibilities across areas including family violence legislation, intervention orders, policing, state courts and family violence services. The parliamentary inquiry itself identified difficulties for victim-survivors navigating the interaction between state and territory family violence systems and the federal family law system (House of Representatives Standing Committee on Social Policy and Legal Affairs, 2025).
For an election in which safety is receiving considerable attention, these are areas worth asking questions about. What are we doing to prevent family violence before it escalates? Can people access specialist advice before they leave? Are services available when someone asks for help? Can people experiencing systems abuse obtain legal assistance before they are financially exhausted? Are children adequately supported through prolonged disputes? And where responsibilities cross state and federal systems, are those systems working together effectively?
Those aren't questions Mums of the Hills can answer. They are questions that recognised family violence organisations, researchers, governments and the legal system are already asking. What we can do is make it easier for people to find the information.
If you don't need any of the links below, perhaps save this article anyway. You may know someone one day who does. If a friend tells you something that concerns you and you don't know what to say, you don't have to diagnose what is happening or become their legal adviser. You can put reliable information from recognised services into their hands and help them find people qualified to advise them.
Even if this election ends up being more focused on preventing potholes, I hope these links might help prevent someone experiencing something far more difficult to repair. After all, we can build another road. A person is not so easily rebuilt.
References
Australian Bureau of Statistics. (2023). Personal Safety, Australia, 2021–22. Australian Bureau of Statistics.
https://www.abs.gov.au/statistics/people/crime-and-justice/personal-safety-australia/latest-release
Australian Institute of Health and Welfare. (2026a). Legal systems. Australian Government.
https://www.aihw.gov.au/family-domestic-and-sexual-violence/responses-and-outcomes/legal-systems
Australian Institute of Health and Welfare. (2026b). Domestic homicide. Australian Government.
https://www.aihw.gov.au/family-domestic-and-sexual-violence/responses-and-outcomes/domestic-homicide
Carson, R., Kaspiew, R., Qu, L., De Maio, J., Rhoades, H., Stevens, E., Horsfall, B., Press, L., & Dimopoulos, G. (2022). Compliance with and enforcement of family law parenting orders: Final report (Research report 20/2022). Australia's National Research Organisation for Women's Safety.
https://www.anrows.org.au/publication/compliance-with-and-enforcement-of-family-law-parenting-orders-final-report/read/
House of Representatives Standing Committee on Social Policy and Legal Affairs. (2025). Inquiry into family violence orders: Chapter 3 – The family law system—barriers to safety and fairness for victim-survivors. Parliament of Australia.
https://www.aph.gov.au/Parliamentary_Business/Committees/House/Social_Policy_and_Legal_Affairs/Familyviolenceorders/Inquiry_into_family_violence_orders/Chapter_3_-_The_family_law_system__barriers_to_safety_and_fairness_for_victim-survivors
Victoria Legal Aid. (2026a). Safe at home: How to get a family violence intervention order.
https://www.legalaid.vic.gov.au/safe-home-how-get-family-violence-intervention-order-english
Victoria Legal Aid. (2026b). Legal assistance key to prevent and respond to violence against women and children.
https://www.legalaid.vic.gov.au/legal-assistance-key-prevent-and-respond-violence-against-women-and-children
Victoria Police. (n.d.). What is family violence.
https://www.police.vic.gov.au/what-is-family-violence
Victorian Auditor-General's Office. (2026). Maintaining state roads.
https://www.audit.vic.gov.au/report/maintaining-state-roads
Women's Legal Service Victoria. (n.d.). I'm thinking about leaving a relationship.
https://www.womenslegal.org.au/problems-we-help-with/thinking-about-leaving-a-relationship
Further advice and support
Women's Legal Service Victoria provides specialist legal assistance to women experiencing family violence and information about children, parenting, separation, property, money and related legal issues.
https://www.womenslegal.org.au/
Victoria Legal Aid provides legal information and assistance concerning family violence, family law and intervention orders.
https://www.legalaid.vic.gov.au/
Safe Steps Family Violence Response Centre is Victoria's 24/7 specialist family violence response service. Phone 1800 015 188.
1800RESPECT is Australia's national domestic, family and sexual violence counselling, information and support service. Phone 1800 737 732.
https://www.1800respect.org.au/
If someone is in immediate danger or requires urgent police assistance, call 000.
Mums of the Hills is not a legal or family violence service. This article brings together information from government agencies, courts, researchers and specialist organisations to make reliable information easier to find and share. It should not be treated as individual legal or safety advice.
