Description
A new educational resource, providing insights on the powerful role of judicial voice and language in family violence matters is now available. ‘Family Violence: Myths, Stereotypes and Misunderstandings and Judicial Voice and Language in the Courtroom – An Educational Resource’ authored by Dr Nina Hudson,[1] identifies approaches for judicial officers to consider in reflecting on courtroom communications in light of legal and social understandings around family violence.
The resource draws on contemporary socio-legal research, including Dr Hudson’s PhD, ‘Straight Talking, But From the Heart: Exploring Judicial Court-Craft in Sentencing Offenders for Intimate Partner Violence’—an empirical study of judicial communication practices through a legal and behavioural science framework to identify qualities of practice with the potential to improve legal responses to family violence. It highlights how communication from the bench has the potential to influence not only courtroom participants and their internal ‘narrative’, but broader community attitudes and cultural norms by setting standards and guiding a broader social dialogue about family violence. It aims to stimulate reflection on the role of the judicial officer as ‘powerful voice’, and the significance of words that reflect an evidence-based and nuanced understanding of the dynamics and effects of family violence, and thus avoid reinforcing outdated and harmful myths, misconceptions and misunderstandings about family violence.
Drawing on the National Domestic and Family Violence Bench Book and a wide body of socio‑legal research, the resource outlines 12 common myths, misconceptions and misunderstandings—ranging from beliefs around victim‑survivors staying in relationships, to misunderstandings about coercive control, to false assumptions about the prevalence of fabricated claims. It identifies some ‘realities’ to counter these, highlighting how myths, misconceptions and misunderstandings minimise serious patterns of abuse, obscure the realities of risk—particularly after separation—and undermine the accountability of perpetrators.
The resource identifies why judicial communication matters in light of these myths, misconceptions and misunderstandings and the narrative power of judicial voice in the courtroom. Inherent in this concept is a recognition of its dual aspects, operating on both a personal level as a communication with the individual parties and, beyond the instant case, operating at a public level as a broader communication about family violence.
Significantly, the resource provides judges with practical, evidence‑informed approaches for recognising and responding to problematic language in the courtroom. It positions judicial communication not only as a tool for fair decision-making but also as a form of court‑craft that can model trauma‑informed practice, accurately characterise patterns of violence and contribute to shifting cultural norms around language used in legal contexts. By outlining approaches for judicial officers to consider in developing a skill set around such judicial court-craft, the resource is designed to equip judicial officers with strategies to ensure their language reflects contemporary evidence on family violence, and aims to strengthen legal responses, improve safety outcomes, and contribute to a more informed public narrative about the dynamics and harms of family violence.
Download the resource here.
Download additional reference material here
[1] Produced with funding support provided by the Australian Academy of Law through its 2025 Research Grants Scheme