Chapter 01
The Scale of the Problem
In Australia, domestic violence remains a pervasive issue, with far-reaching effects not only on direct victims but also on the silent witnesses: children. Recent statistics from the Australian Institute of Health and Welfare indicate that over one million children in Australia are exposed to domestic violence, a situation that exposes them to profound and lasting psychological and emotional damage.
This figure is not abstract — it represents children sitting at dinner tables, in school classrooms, and sharing bedrooms in homes where fear is a constant presence. The exposure is not always physical; children absorb the tension, the threats, the aftermath of incidents, and the silence that follows. Each of these experiences shapes their developing understanding of relationships, safety, and trust.
Chapter 02
The Impact on Children's Mental Health and Development
Children who witness domestic violence are at a higher risk for developing mental health issues such as anxiety, depression, and post-traumatic stress disorder. According to research by the Australian government, these children also face significant academic and social challenges, with their educational performance suffering and their future relationships often mirroring those violent patterns observed at home.
Specifically, children from homes with domestic violence are nine times more likely to experience partner violence as adults. This cycle of harm is not inevitable — but it requires early, informed, and trauma-sensitive intervention from legal professionals, social workers, and the court system.
Chapter 03
How the Family Court System Falls Short
A lack of specialised training in domestic violence for legal professionals can lead to decisions that do not fully address the needs of affected children.
Naomi Pearce
The family court system, which is crucial in protecting these vulnerable young individuals, often struggles to effectively support the victims. Research shows that the process can be lengthy and traumatic, compounding the distress experienced by children. Moreover, a lack of specialised training in domestic violence for legal professionals can lead to decisions that do not fully address the needs of affected children.
Delays in the court process mean children may remain in unsafe situations for longer than necessary. Without proper understanding of the dynamics of domestic violence, well-intentioned orders can inadvertently perpetuate harm rather than prevent it.
Chapter 04
Reforms That Can Break the Cycle
There is an urgent need for reform within the family court system to better support these silent victims. Proposed reforms include expedited legal processes for families affected by domestic violence, mandatory training for legal professionals on the dynamics of domestic violence, and greater access to psychological support for children.
Such measures are essential to ensure that the family court system acts as a true refuge for those most vulnerable, safeguarding their future and breaking the cycle of violence in Australia. At TFA Legal, we advocate for trauma-informed legal practice at every stage — from the first consultation to the final order. Contact us to speak with a family violence specialist.
Appendix
Frequently Asked Questions
About the Author
Naomi Pearce
Senior Partner & Founder
LIV Accredited Specialist in Family Law, admitted in Victoria and Queensland. Naomi specialises in trauma-informed family violence representation and coercive control litigation.

