Civil Remedies for Domestic Violence Victims’ Families: In January 2025, an Aboriginal artist and mother in Alice Springs became Australia’s first recorded domestic violence homicide victim of the year. Her husband, who was already subject to a restraining order, allegedly stabbed her to death. The tragedy mirrors recent cases like the murder of Melbourne mother Rachel McKenna.
For families left behind, the grief is staggering and often laced with rage, disbelief, and one persistent question: Could this have been prevented?
This article explores the civil legal options available to families after a domestic violence fatality. We also will explain recent legislative reforms like NSW’s Serious Domestic Abuse Prevention Orders (SDAPOs) and offer guidance on navigating life after unimaginable loss.
Domestic Violence Deaths in 2024–2025
Australia’s domestic violence crisis is worryingly deepening at an alarming rate. In 2024, 74 women were killed, marking the highest annual toll in nine years. Coronial inquests repeatedly expose systemic failings, from poor risk assessments and communication breakdowns to lax enforcement of intervention orders.
Recent Domestic Violence Cases in NSW
In March 2025, Claire Austin, a 38-year-old marketing manager, died in her Randwick apartment after a serious injury. Police launched Strike Force Lyndoch, treating her death as a suspected domestic violence homicide.
Just days earlier, Ahmad Hodroj pleaded guilty to manslaughter in the death of his estranged wife, Amira Moughnieh. The Sydney man has been committed for sentencing in the District Court in May.
Civil Remedies for Domestic Violence Victims’ Families
When criminal charges fall short or fail to deliver broader accountability, civil law offers families a path forward. This is not just for financial redress, but to push for systemic change.
1. Wrongful Death Claims
Families may bring dependency claims against individuals or institutions if the death stemmed from negligence. For example, failure by police or state agencies to respond to known threats.
These claims can seek:
- Financial support for funeral costs, lost income, and ongoing family care.
- Emotional damages such as the loss of companionship and guidance for children.
Example: In some cases, the victim’s family can successfully sue government agencies including the police for negligence.
2. State-Funded Victims’ Compensation
Every Australian state offers compensation schemes. In South Australia, for example, victims’ families may claim:
- Funeral expenses (up to $15,000)
- Lump-sum grief payments
- Support for psychological injury.
However, strict time limits apply, typically 3 years, and claims usually require a diagnosed psychiatric injury beyond normal grief.
3. Coronial Inquests
Coroners investigate suspicious deaths and may:
- Recommend policy or procedural reforms
- Refer matters to prosecutors if new evidence emerges.
In 2024, the NT coronial inquest into four Indigenous women’s deaths urged the development of culturally safe risk tools and mandated coordination between frontline services.
Serious Domestic Abuse Prevention Orders (SDAPOs)
Launched in September 2024, Serious Domestic Abuse Prevention Orders (SDAPOs) empower NSW courts to target high-risk offenders before violence escalates.
Key Features
- Eligibility: Offenders with 2+ domestic violence convictions within 10 years or serious abusive conduct.
- Conditions may include:
- GPS monitoring
- Behaviour change programs
- Prohibitions on dating app use or victim contact.
In March 2025, NSW issued its first SDAPO against a man convicted of stalking and strangulation. His order mandates real-time GPS tracking and weekly parole check-ins.
Why It Matters
One of the key strengths of SDAPOs is that they prioritise prevention over punishment, aiming to intervene before violence escalates. These orders also recognise patterns of coercive control, acknowledging that domestic abuse isn’t limited to physical harm.
However, concerns remain. Police resourcing may be stretched, raising questions about how effectively breaches can be monitored and enforced. Additionally, civil liberties advocates caution that if SDAPOs are applied too broadly, they could infringe on the rights of the accused.
Civil Remedies for Domestic Violence Victims’ Families: Steps for You
Losing someone to domestic violence is traumatic, and navigating legal pathways afterward can be daunting. These practical steps can help:
1. Seek Immediate Legal Support
- Engage specialist lawyers from our team to advise on civil claims or represent your family during coronial inquests.
- Apply for assistance through services like:
Victoria’s Victims of Crime Helpline at 1800 819 817.
2. Prepare for the Inquest Process
- Ask for regular updates from the coroner’s office.
- Submit victim impact statements highlighting any institutional failures.
3. Become a Voice for Change
- Join advocacy groups like Domestic Violence NSW that lobby for reform and increased resourcing.
- Share stories (anonymously, where necessary) to raise awareness and spur action.
4. Protect Your Mental Health
- Contact 1800RESPECT for trauma-informed counselling.
- Reach out to services like Safe Steps for safety planning and emotional support.
Civil Remedies for Domestic Violence Victims’ Families: Justice, Safety, and Systemic Change
The upcoming Alice Springs inquest could be a catalyst for major reform, especially for Indigenous families who face intersecting layers of risk and under-protection.
Civil legal action is more than symbolic. It’s a chance to demand accountability, challenge institutional failures, and potentially prevent future deaths. While SDAPOs represent progress, they’re just one piece of the puzzle. As Delia Donovan of Domestic Violence NSW aptly said:
“The NSW Government must address this crisis in the upcoming budget. Every day without action costs lives.”
Need a Civil Lawyer? We’re Experts in Civil Remedies for Domestic Violence Victims’ Families
If you’re navigating life after a domestic violence tragedy, know this: You are not alone. We’re here to help you reclaim your voice, your power, and your path to justice.
👉 Contact O’Brien Criminal & Civil Solicitors today to explore Civil Remedies for Domestic Violence Victims’ Families. Your strength could shape a safer future.
Visit our website: obriensolicitors.com.au
Call us: To speak with a dedicated legal expert call (02) 9261 4281.
