Abuse

An attempt to control the behaviour of another person. It is a misuse of power which uses the bonds of intimacy, trust and dependency to make the victim vulnerable. Abuse can take many forms in a domestic environment; physical, sexual, verbal, financial, isolation, emotional/psychological.

Address For Service

The address provided by a party where documents can be served on them by hand, post or some other form of electronic communication.

Adjournment

When a case is deferred to a later date.

Adversarial

An approach to dealing with disputes which is characterised by parties engaging in a competitive presention of their case, taking only their best interests into consideration. It may involve high levels of conflict. (See Adversarial System & Non-Adversarial).

Affidavit

A written statement by a party or witness which is used in court in place of oral evidence. It is the main way of presenting the facts of a case to the court. An affidavit must be signed before an authorised person (such as a lawyer or Justice of the Peace) by way of swearing on the Bible or attesting to the truth of the contents of the statement.

AFP

Australian Federal Police: The Police Force established by the Commonwealth Government to deal with crimes under Commonwealth Law.

Aggrieved Spouse

A person who is entitled to apply for a Domestic Violence Protection Order against their spouse.

Agreement Enforceable at Law

An agreement which meets the criteria to be legally binding. See also Legally Binding Agreement

Alien

A person who is not a citizen of Australia.

Alternative Dispute Resolution (ADR)

All methods of resolving legal disputes which do not involve a court making a decision. Common methods of ADR are Mediation, Conciliation and Collaborative Practice.

Annulment

A legal action that says the law does not recognise a marriage as valid because of unsound mind, incest, bigamy, being too young to consent, fraud, force, or physical incapacity. (This is different to religious procedures for annulment. Any inquiry about church granted annulments should be made through the relevant church.)

Applicant

The person who applies to a court for orders.

Application for Enforcement

Enforcement is applied for when Orders have been breached and they ask the Court to make an Order that the person applying for the enforcement is compensated, in parenting matters for example, by way of 'make-up time' with the child.

Approved Deposit Funds

Funds which can accept deposits of superannuation benefits which must, by law, be preserved until retirement.

Approved Organisation (Family Law Matters)

Centres approved by law to provide Dispute Resolution Services for parties in dispute over parenting issues. (See Family Relationship Centres)

Arrearage

The amount of money that is overdue for child or spousal support.

Arrest

The procedure where a person is taken into police custody to be charged with a criminal offence or to be brought before a court, and must remain in police custody until they receive bail or until a court deals with their charges.

Assault

The application of force, or threatened application of force, to a person without their consent.

ATO

Australian Taxation Office: The Government Department which administers the law in relation to taxation.

Attorney General

The government minister responsible for the administration of justice.

Auctioneers And Agents

People licensed to act as the person who conducts an auction under the Auctioneers and Agents Act administered by the office of Fair Trading.

Australian Citizen

A person who is a citizen of Australia, either by birth or because they have been granted citizenship.

Authorised Civil Celebrant

A person, other than a minister of religion, authorised to perform marriages.

Award

A document, approved by the necessary authority, which sets out the rate of pay and terms and conditions of employment.

Bail

The release of a person from custody based on a written commitment or promise by another person that the person in custody will appear in court on the next occasion when their case comes before the court if they are released from custody.

Bailment

The delivery of goods from one person to another for a particular purpose (eg: storage, repair, cleaning) upon condition that the goods will be returned.

Balance of Probabilities

The standard of proof in civil cases, ie for something to be proven to be true it must be more probable than not. This is a lesser standard than the standard of proof in criminal matters which is "beyond reasonable doubt".

Bankrupt

A person judged by a court to be insolvent, whose property is taken and disposed of for the benefit of their creditors. A court may order that their financial affairs be managed by a trustee to call in all assets and pay debts from available funds. Also referred to as insolvent if it refers to a trading entity.

Bench Charge Sheet

A sheet of paper which sets out brief details of a charge against a person.

Beneficiary

A person who is left something in a Will or a person for whose benefit funds or property is held by a trustee, such as in the case of a superannuation fund.

Bequeath

To leave property to somebody in a Will.

Beyond Reasonable Doubt

The standard of proof in criminal matters, ie it must be proved beyond reasonable doubt that a person has committed an offence before they can be convicted. This is higher than the civil standard of proof which is the "Balance of Probabilities".

Bill of Sale

A document which allows one person to possess and use goods while another person (eg: a finance company) retains ownership of the goods until such time as the goods are fully paid for.

Birth Parent

The biological parent of a child.

Bond

A bond is an undertaking by a person to abide by certain conditions (eg: not to commit criminal offences, undergo educational courses, pay rent and not damage property). May involve the payment of money which is forfeited if the bond is breached.

Breach

The breaking of a condition of a legally binding agreement eg: breach of contract, breach of parole.

Breach of Discipline

An action by a member of the police service which is not in accordance with the rules of the service.

Breach of The Peace

Behaviour which causes a public disturbance or is likely to lead to violence.

Burden of Proof

The obligation to prove that allegations made in court are true by calling evidence to support the allegations. In criminal cases, the prosecutor has the burden of proof and the defendant is presumed innocent until proven guilty.

Capacity (legal dealings)

The degree to which a person is capable of understanding the nature and effect of decisions about the matter and can voluntarily make decisions about the matter and communicate decisions in an understandable way.

Case

When a person makes an application to a court for orders, that becomes the case or matter before the court.

Casual Employment

Employment which is not on a permanent or structured basis. Casual employment is ad-hoc and does not have leave entitlements (eg: holiday leave, sick leave etc.)

Caveat Emptor

Let the buyer beware.   This dictates that there are certain mistakes or performance expectations that are your problem to deal with in a purchase transaction and the onus is on the buyer to make themselves aware and deal with the consequences.

Certificate of Exemption (Children)

A certificate which exempts a child from attending at school.

Change of Name

The procedure whereby a person formalises the use of a name other than their birth or married name.

Child

For most purposes a person under the age of 18 years, however at criminal law a person is dealt with as an adult once they reach 17 years.

Child Agreements

An agreement about the arrangements for children made before June 1996. See also Parenting Plans and Consent Orders. From 1 July 2006 parties can reach an agreement by entering into parenting plans or consent orders.

Child of the Marriage

Children of the husband and the wife, includes adoptive children, children born before the marriage, children born as a result of artificial conception procedures. For divorce only, it extends to include any child who is treated as a child of the family.

Child Support

Money that one parent pays to the other parent to assist in providing for the needs of the children. Sometimes referred to as Child Maintenance.

Child Support Formula

This formula is set out in the Child Support Assessment Act 1989 and is used to work out the amount of child support payable. There are different formulae which may apply depending on the circumstances of the particular case.

Child Support Scheme

Refers to the legislation which covers child maintenance and child support cases. It was introduced in two stages. It is administered by the Child Support Agency and other agencies play a fundamental role in the operation of the Child Support Scheme - eg. Centrelink and the Commonwealth Attorney-General's Department.

Children's Commissioner

A government official who handles complaints about the Department of Families, Youth & Community Care in relation to children in care and protection and hears appeals from decisions of the Department.

Children's Court Judge

A judge appointed to deal with Children's Court matters.

Church Annulment

Annulment of marriage by a church. Not the same as an annulment granted by the Family Court.

Classified Patients

A person admitted to an authorised mental health service from court or custody is a classified patient.

Clear Days

A period of time granted for a party to react ie 3 clear days. Clear days do not include the date on which the document was issued or the day of the meeting. 

Client Care Letter

A letter which lawyers must send to new clients which sets out important information about the handling of the case by the lawyer, including information about costs and complaint procedures.

Codicil

An amendment to a Will.

Commencing Proceedings

Filing the court papers necessary to start a matter in a court.

Commit To Trial

A matter heard in local court and sent to a higher court for trial.

Community Property

Community property is everything that a husband and wife or domestic partners OWN TOGETHER. In most cases that includes: (1) Money or benefits like stock options and superannuation that you now have which either of you earned during the time you were living together as husband and wife or as registered domestic partners; and (2) Anything either of you bought with money earned during that period.

Company

A voluntary association formed and organised to carry on a business. Types of companies include limited liability, corporation, and public limited company.

Complainant

A person who begins a legal prosecution eg: a person seeking a Peace & Good Behaviour Order, or a person making a complaint about criminal behaviour towards them, eg: a victim of assault.

Conciliation Conference

A conference held before a court officer between the people involved in a court action and their legal representatives to try and resolve matters in dispute in the family court.

Consent Order

An order which the court makes when all persons affected by the agreement have consented and agree that it should be made and a court order.

Contact (parenting matters)

From 1 July 2006, the term 'contact' is replaced with the term 'who the child spends time or communicates with'. It refers to a person whom they do not usually live with.

Contested

Any issue on which the petitioner and respondent cannot agree, which must then be decided by the court.

Contract of Guarantee

A contract where one person makes a legally binding promise to take on the legal responsibilities of another person, if that person defaults in their obligations.

Contravention

Contravention is when the Court can punish the person who does not have a 'reasonable excuse' for breaching an Order. In parenting matters, the court will only consider that you have a 'reasonable excuse' if, for example, the person had to breach the parenting Order to protect the child or possibly that they did not understand they were breaching the parenting Order at the time.

Contributions to Property

Any financial or non-financial contribution, whether direct or indirect, which is made towards the acquisition of property.

Costs

Costs are sometimes awarded to the person who succeeds in a court action (party/party costs). It refers to paying the legal and associated court costs for the other person. It is mainly only applied where the person who succeeds has had to pursue legal action after the other would not accept a reasonable offer. It is not often applied in Family Law.

Counselling

The process whereby one or both parties in a relationship meet in the presence of a counsellor to discuss problems and explore solutions.

Couple

The couple can refer to two people who are married or as defined under de facto property settlement law as two persons who live together on a genuine domestic basis in a relationship based on intimacy, trust and personal commitment to each other. People who are co-tenants of a property are not necessarily a couple.

Court Order

The actions the parties or a party must do to carry out a decision made by a court. An order may be either interim or final.

Court Proceedings

The process whereby a claim is determined in court.

Credit Card

A card issued by a finance provider where there is an agreed credit limit, and the consumer can use the card to purchase items and must make regular minimum repayments which may include paying interest on the credit facility.

Credit Limit

The maximum amount which can be advanced in a credit arrangement eg: credit card or overdraft.

Cross Examination

Questioning a person in court about evidence they have given to the court.

CSA (Child Support Agency)

Is part of the Australian Taxation office. The CSA is responsible for: administering the Child Support Scheme, the collection of child support and child maintenance, the enforcement of payments and working out how much child support is payable.

Custodial Parent

The parent who has physical custody of the child.  This terminology is no longer used.  Parenting orders now refer to who the child lives with instead of the custodial parent.

Custody Order

An order made by a court placing a child in the care of a person. This term was replaced in June 1996, by "residence order" and from 1 July 2006 it was replaced with the term who the child 'lives with'.

De Facto Property

Property owned by people living in a de facto relationship

Debt

An amount of money owing.

Declaration of Interest

A declaration by a court that a person has an entitlement to property or to a share in property.

Decree Nisi

'Decree Nisi' is replaced with the term 'Divorce Order' A 'divorce order' (see divorce order) is made by the court for divorce and does not become final until usually one (1) month after the order was made when the court will then then issue a 'divorce order that has come into effect' (see 'divorce order that has come into effect'),  A divorce order which has come into effect is often called a Divorce Certificate or Decree Absolute.

Deed

A legal document that is signed and delivered, which is legally binding especially, one regarding the ownership of property or legal rights.

Deed Poll

A written document registered with the Supreme Court used to formally record a change of name.

Defamatory

The adjective used to describe material which defames a person ie injuring their reputation.

Default Judgment

Judgment given because the defendant does not defend a court action.

Department of Child Safety

The government department responsible for administering law in relation to child protection and state welfare.

Deponent

A person who makes (deposes to) an affidavit.

Detinue

An action where a person claims the specific return of goods or the value of goods wrongfully detained. Also used to collect money damages for losses caused by the wrongful detention.

Disbursement

A payment made. Often used in a lawyer's account to describe payments made by the lawyer on the client's behalf, such as postage or the cost of retrieving documentation.

Discovery

A procedure by which each person involved in court proceedings gets to view documents held by the other people involved before the matter goes to trial. Pre-trial information-exchanging disclosure including financial figures, by one or both parties.

Dishonoured Cheque

A cheque which is not paid by a bank when it is presented for payment, usually because there is not enough money in the person's account to pay the cheque.

Dispute Resolution

A procedure designed to resolve disputes between people. Usually refers to procedures which are an alternative to going to court.

Dissolution

Another word for divorce, which is the legal termination of a marriage. Usually more common in USA.

Division of Matrimonial Property

The division of property belonging to a husband and wife after a breakdown of the marriage.

Divorce Order

A 'divorce order' is made by the court granting the application for divorce and does not become final until usually one (1) month after the order was made when the court will then then issue a 'divorce order that has come into effect'

DNA Testing

Medical testing which can establish paternity of a child and involves testing of both alleged parents and of the child.

Domestic Violence

The term used to describe violence which occurs within a family including physical, verbal, emotional, psychological, sexual, financial or social abuse

Domestic Violence Protection Order

An order made by the court which imposes conditions on a person designed to prevent domestic violence eg: that a person not contact their spouse.

Donor

A person who gives something (eg: a power of attorney) to someone else.

Easement

A right to enter onto land owned by another person.

Ejectment

Action to remove a person from land or recover possession of land from someone who is unlawfully in possession.

Emergency Examination Order

Authorises a person to be taken to an authorised mental health service and be detained for assessment.

Emotional Abuse

A gradual wearing down of the victim's self-esteem by ridiculing their character, friends, race, religion or values. It may take the form of a person threatening to take the children, end their own life or harm themselves or others if you don't do as they want among other things. Emotional/psychological abuse often goes undetected for many years as it is not as obvious as other forms of abuse.

Encumbrance

A legal impediment which prevents dealing with a property freely eg: a mortgage over property.

Enduring Power of Attorney

A power of attorney which enables the attorney to act even though the person who appointed the attorney may cease to have legal capacity.

Enforcement

Action taken after a court order has been made to ensure that the order is in fact followed eg: selling property to pay a judgment debt.

Enforcement Hearing Warrant

A warrant which authorises the arrest of a person to bring them before a court to be examined.

Equal Shared Parental Responsibility

It means that parents share responsibility for making decisions about major long term issues that affect their children. In family law matters, it is presumed to be in the best interest of the child for parents to have equal shared parental responsibility (exceptions family violence and child abuse). This does not mean 'shared care'.

Equity

a) A system of legal rules developed to modify common law. ,b) A general term for fairness ,c) To describe the fact that a person has a financial share in property even though they may not be the legal owner of the property.

Evict

The legal procedure to have a person removed from property when they have no legal entitlement to be there eg: a tenant who does not pay rent

Ex Parte Hearing

A hearing where one party is not present and has not been given notice of the application before the court; usually reserved for urgent cases.

Executrix

The old term used for a female person appointed to administer the estate of a deceased person under their Will.

Family Consultant

A psychologist and/or social worker who specialises in child and family issues that may occur after separation and divorce. The family court can appoint a family consultant in parenting proceedings. The family consultant is a person with professional training, approved by law, who assists and advises people about parenting their children and best interest of the child factors.

Family Court

A court established by the Commonwealth government to determine disputes in family law matters.

Family Dispute Resolution

A process whereby a family dispute resolution practitioner assists people to resolve some or all of their disputes with each other following separation and/or divorce.

Family Dispute Resolution Practitioner

A family dispute resolution practitioner is a person with professional training and approved by law who provides dispute resolution services to parties involved in disputes about parenting arrangements and other family law issues.

Family Law Courts

Comprise the Family Court of Australia and the Federal Magistrates Court of Australia.

Family Relationship Centres

Centres approved by law who provide counselling and dispute resolution services for parties in dispute over relationship issues and parenting arrangements.

Family Violence

Violent, threatening or other behaviour by a person that coerces or controls a member of the person's family (the family member), or causes the family member to be fearful. A child is exposed to family violence if the child sees or hears family violence or is otherwise exposed to family violence. See the Family Law Act, section 4AB, which gives examples. Family violence may also amount to child abuse.

Fee Waiver

Where the Family Court can allow the filing of an application for divorce without the payment of a fee. A person must show that they are financially eligible by completing a fee waiver form.

Filing

The process whereby documents are accepted by a family law registry for placing on the court file. This is often evidenced by the court stamping its seal on the filed document

Final Order

An order made by a court to bring a case to a close.

Financial Abuse

Where a person does not provide sufficient financial assistance to enable their de facto/ wife/ other parent of the child to have access to the bare necessities of life. It also occurs when one party runs up large debts in your name or sells your possessions without your permission. It may also mean one person stops the victim from earning an income of their own.

Financial Agreement

A written agreement, made, before, during or after marriage, which deals with financial resources and maintenance of parties. Financial agreements may be enforceable through the courts if they each party has taken independent legal advice before signing the argeement.  In this case, the agreement is said to be a legally binding financial agreement.

Financial Counselling

A procedure where a person having financial problems is counselled by a qualified person to assist them to resolve their financial problems

Financial Matters

Includes looking after the donor's property, payment of bills, accommodation and other expenses, investment and legal issues.

First Mention Date

The court date which appears on the summons or bench charge sheet. On this date a person can, depending on the nature of the charge, plead guilty, have the matter adjourned, or ask for a hearing/committal date. Also known as first court date

Foreclosure

The forced sale of real property by a creditor due to money owing under a mortgage or a debt.

Foreseeable Harm

Harm that could be foreseen by the average person

Freezing Bank Accounts

Where a financial institution may at the request of one of the signatories to the account, place a hold over the account so that money cannot be taken out, or further credit cannot be obtained.

Full Court of The Family Court

A division of the Family Court where appeals are heard.

General Power of Attorney

A legal document where a donor appoints an attorney to act on the donor's behalf in areas of property and financial affairs. A general power of attorney, unlike an enduring power of attorney will come to an end if the donor becomes mentally incapacitated.

Grounds

The basis for action or complaint, as in grounds for divorce.

Guardian Ad Litem

A person appointed to defend a court action or other legal proceeding on behalf of a child, or a person under a disability.

Guardianship of Adults

Where a guardian acts for an adult, and in cases where the adult is disabled, then it may be the Public Trustee.

Hague Convention

An international treaty on child abduction where if a child is taken to a country which is a party to the treaty, then the child can be ordered to be returned. The Commonwealth Attorney General's Department can assist with these proceedings.

Hearing

A court session in which testimony or arguments are offered by attorneys or involved parties for the purpose of resolving a legal dispute and a judgment is made.

Hire Purchase

An agreement to buy goods where a person gets possession of the goods without paying for them in full, however ownership of the goods does not pass to them until after the goods have been paid for.

IACP

International Academy of Collaborative Professionals

Independent Children's Lawyer

A lawyer appointed by the court to represent a child's interests in a case.

Interrogatories

A formal or written question that must be answered under the direction of the court.

Isolation Abuse

Occurs when a person is not allowed to maintain contact with family, friends and community as a way of retaining control. It can include the restriction of access to email, post and social media or daily activities as well as monitoring all forms of communication and forcing you to be accountable for the time you are away from the controlling person.

Joint Orders

An application for both property orders and parenting orders to be made.

JP

Justice of the Peace.  The office of the Justice of the Peace is a statutory position that involves a range of duties and responsibilities - most commonly including witnessing of documents such as Affidavits, Statutory Declarations, Enduring Powers of Attorney and Wills. 

Judicial officer

A person who has been appointed to hear and decide cases; for instance, a judge or federal magistrate.

Justice of the Peace

The office of the Justice of the Peace is a statutory position that involves a range of duties and responsibilities - most commonly including witnessing of documents such as Affidavits, Statutory Declarations, Enduring Powers of Attorney and Wills.

Legal Separation

A judgment of legal separation allows you and your spouse or domestic partner to end your relationship but still remain legally married or partnered, and get court orders on parenting and money issues.

Legally Binding Financial Agreement

An agreement in which both parties agree on the parameters of the agreement, seal it by signing each page of the document, and have certified proof that: ,(a) Before signing the agreement they each received independent legal advice from a legal practitioner as to: ,(i) the effect of this Agreement on their individual rights; and ,(ii) the advantages and disadvantages, at the time of that advice, of consenting to the Agreement.

Litigant in person

A person who represents themselves in court.

Maintenance

Payment from one party to the other after separation or divorce. Refers to payments to the spouse (alimony or spousal support).

Marriage Certificate

A marriage certificate is an official recorded document issued by a governmental authority that proves that the couple listed on the marriage certificate have a legal marriage. In most areas, a marriage record is part of the public record. A marriage certificate usually contains who married who, when they were married, where they were married, who married them, and who witnessed the marriage.

Motion To Modify

A motion put before the court requesting that changes be made in physical or legal custody, or in child support payments, thus modifying the existing arrangement.

No-Fault Divorce

A divorce in which neither party has been accused of or found guilty of any misconduct. This is the accepted practice in Australia regardless of behaviour.

Parental Responsibility

The responsibility of each parent to make decisions about the care, welfare and development of their children. These responsibilities may be varied by agreement or by a court order.

Parenting Plan

A written agreement between the parties setting out parenting arrangements for children. It is not approved by, or filed with, a court. If a couple wish to formalise their parenting plan, they can submit it to the Court to be sealed as parenting orders.

Paternity

Legal determination of fatherhood. Paternity must be determined before a court can order child support or medical support.

Petitioner

The person who initiates the divorce within the Family Law courts. Typically a UK law term.

Physical Custody

The day-to-day rights and responsibilities associated with having your child in your home and being responsible for his or her care and upbringing.  This terminology is now replaced with who the child lives with and who the child spends time with.

Premarital Agreement

An agreement entered into before marriage that sets forth each party's rights and responsibilities should the marriage terminate by death or divorce: Also called a prenuptial agreement.

Pro Per

A short form of "in propria persona." Refers to persons that represent themselves in court without lawyers.

Process Server

A person that serves court papers on a party to a lawsuit

Property Settlement

The process and final agreement on the division of assets and liabilities of a couple after they have agreed to separate.

Rebuttal

The act of rebutting or contradicting in a legal suit.

Request for Production

Part of the Discovery process in which one attorney asks for the other side to produce documents they deem necessary to the case, such as financial documents.

Retainer

The fee paid to an attorney or other professional for their services, sometimes representing advance payment for anticipated future services.

Rules

A set of directions that outlines court procedures and guidelines. The rules of the Family Court are the Family Law Rules 2004 and the rules of the Federal Magistrates Court are the Federal Magistrates Court Rules 2001.

Seek Leave

Ask permission of the court to perform an action such as accept an application which is outside the time limits for having been lodged.

Separate Property

Generally, property owned by either spouse prior to marriage or acquired by them individually, such as by gift or inheritance, during the marriage.

Service

The process of sending or giving court documents to a party after they have been filed, in accordance with the rules of court. Service ensures that all parties have received the documents filed with a court.   If a document is required to be served by special service, the person on whose behalf the document is served must satisfy the Court that the person served actually received the document.   There are various forms of Special Service. By hand. You may arrange for a process server (for a fee) or any other person over 18 years of age to hand deliver the documents for you. Process servers are listed in the Yellow Pages phone Directory. The Subpoena, the Application - Contravention and the Application - Contempt must be served in this way. By post or electronic communication (fax or email). Do not use this method of service unless you are confident that the other party will sign theAcknowledgment of service and return it to you. If you choose to serve by electronic communication, you must include a cover sheet with required details. If you attempt service by post, fax or email and the Acknowledgment of service is not returned to you, your application may be delayed and it may be necessary to arrange for further copies of the documents to be served on the person. If service is by post you must include a self-addressed, stamped envelope (for the return of the Acknowledgment of service). By service on a lawyer. A document is taken to be served by special service on a person if: a lawyer representing the person agrees, in writing, to accept service of the document for that person; and the document is served on the lawyer and the lawyer acknowledges service.

Show Cause

A court order telling a person to appear in court and present any evidence why the orders requested by the other side should not be granted or executed

Spousal Support

Financial payments made to help support a spouse or former spouse during separation or following divorce : Also called alimony.

Stipulation

An agreement entered into by the divorcing spouses that settles the issues between them and is often entered into the court's final judgment and decree.

Summons

Written notice to appear in court either as a defendant or a witness.

Sworn Document

A sworn document is one that was made under oath. A sworn document is sometimes submitted as evidence so that the person making the declaration does not have to appear in person.

Transcript

A record of the spoken evidence in a court case. All court hearings are recorded, except uncontested divorce hearings. The court does not order transcripts in all instances and does not provide transcripts to parties. If a party orders a transcript, they will be responsible for the costs.

Verbal Abuse

A form of abusive behaviour involving the use of language (criticizing, name-calling, put downs threatening, blaming). It differs from profanity in that it can occur without the use of expletives. Verbal abuse is a pattern of behaviour that can seriously interfere with one's positive emotional development and over time, can lead to significant detriment to one's self-esteem, emotional well-being and physical state.