170APersistent family violence

170A Persistent family violence

[Section 170A Amended by No. 26 of 2018, s. 4, Applied:10 Dec 2018]

(1)  In this section –

family relationship has the same meaning as in the Family Violence Act 2004 ;

family violence has the same meaning as in the Family Violence Act 2004 ;

family violence offence has the same meaning as in the Family Violence Act 2004 ;

spouse or partner, of an accused person, means another person with whom the accused person is, or has been, in a family relationship;

unlawful family violence act means an act that constitutes a family violence offence whether committed before, on or after the commencement of this section.

(2)  A person who commits persistent family violence in relation to another person with whom the person is, or has been, in a family relationship is guilty of a crime.

Charge:  Persistent family violence.

(3)  An accused person is guilty of having committed an offence against subsection (2) if the accused person committed an unlawful family violence act in relation to his or her spouse or partner on at least 3 occasions.

(4)  For the purposes of subsection (3)  –

(a) it is not necessary to prove the dates on which any of the unlawful family violence acts were committed or the exact circumstances in which any of the unlawful family violence acts were committed; and

(b) an unlawful family violence act that was committed on any one of the occasions need not have been the same as the unlawful family violence act that was committed on each or any of the other occasions; and

(c) on a trial before a jury for an offence against , it is not necessary for each member of the jury to be satisfied that the unlawful family violence acts were committed on the same 3 occasions.