A Tasmanian man allegedly murdered his mother, but it’s not legally considered family violence. Why?

Last week, another Australian community was left grappling with the death of a woman, allegedly at the hands of a man.

A 55-year-old man was charged with the murder of his 85-year-old mother in southern Tasmania.

Police have alleged the woman was found in her bed after being smothered by her son.

They have also said the murder will not be considered a family violence incident under Tasmanian law because of the state’s narrow definition of “family violence”.

While the case remains under investigation, it reveals a structural blind spot created by a family violence definition that excludes most forms of family.

It’s out of step with other states and territories and makes it harder for victim-survivors to get the help they need.

Narrow definitions Tasmania’s Family Violence Act constricts “family violence” to abuse “committed by a person, directly or indirectly, against that person’s spouse or partner”.

This means many kinds of familial relationships in which violence may occur go unrecognised.

This includes violence between children and their parents, as well as between siblings, grandparents and grandchildren, cousins and extended family members, even if they live under one roof.

Tasmania’s definition is the narrowest in the country.

For example, the Victorian Family Violence Protection Act states family violence can be perpetrated by any family members .

This includes people you are related to, treat as family, have had an intimate relationship with or who are your carer or support worker.

Queensland’s laws cover intimate relationships and familial relationships, including extended family and carers.

Additionally, laws in the Northern Territory cover partners, dating relationships, housemates, carers, relatives and relatives of a child.