Family Violence Act 2018, s 11(2), (3)
If someone lets a child see or hear family violence, or puts a child at real risk of seeing or hearing the violence, that counts as ‘psychological abuse’ of that child, and so a judge can make a family violence Protection Order to protect the child.
Under the family violence laws, the adult who suffers the abuse isn’t held responsible for the child seeing or hearing the abuse. In other words, if your partner hits you or screams at you in front of the children, your partner is responsible for this psychological abuse of the children – obviously you are not responsible for it, because it’s outside your control.
However, under the Crimes Act, adults can be held criminally responsible if they fail to take reasonable steps to protect children in their home from serious abuse (see “Parents’ duty to report child abuse” below).