Complex laws a barrier for DV survivors: legal group

Many women who experience domestic violence continue to experience poverty after separation. (Diego Fedele/AAP PHOTOS)

Complexities within the legal system could prevent victim-survivors of domestic violence from speaking about their experiences in the family court, advocates have warned.

A parliamentary inquiry into changes to the family law system was told while the reforms would take into account domestic violence in court decisions, greater support was needed.

Chief executive of the Fitzroy Legal Service Hamish McLachlan said the system needed to be more accessible and fairer to survivors of domestic violence.

"There are many barriers to victim-survivors understanding what is required to provide that family violence has occurred," he told the inquiry on Friday.

"This lack of understanding can discourage victim-survivors from raising family violence in proceedings."

The family law changes will aim to make the system fairer and simpler for separating couples and ensure the financial breakdown is fair for both parties.

Instances of domestic violence will be taken into account for decisions in the family court such as for property.

Executive director of the National Women's Safety Alliance Katherine Berney said women leaving relationships where they experienced domestic violence are more likely to suffer economic consequences.

"This financial strain often leaves them at greater risk of poverty and homelessness," she said.

"This legislation must ensure that victim survivors are not further disadvantaged in particular settlements, and that courts should prioritise their housing and financial security."

Ms Berney said the reforms would lead to better legal outcomes for those who had been impacted by domestic violence.

"We would like to see the courts prioritising victim-survivors from becoming homeless, especially when they have children," she said.

"We also support recommendation that compensation awarded to survivors of family violence should be excluded from property settlements to prevent perpetrators from benefiting financially."

Meaghan Bradshaw, from the peak body for community legal centres specialising in women’s legal issues, said perpetrators often used systems to continue inflicting further violence such as withholding financial support and failing to disclose financial records.

"Women who access our services often report being scared of seeking a property settlement due to fear of escalating violence," she said.

"We also know women often do not leave violent relationships because they are effectively forced to choose between violence or poverty."

She outlined a case where a woman was left homeless in her late 70s after her former partner, who had abused over 50 years of marriage, launched proceedings and sold their family home.

The woman had been abused along with her children for much of their lives and was left destitute with their special-needs adult son who she cared for.

She was unable to talk about the violence she experienced in sufficient detail for the court to flag the relevant case law.

Ms Bradshaw also called for adequate funding to guarantee access to legal aid for people experiencing disadvantage.

The inquiry must report back by the end of October.

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