sec.22AWho is the person most in need of protection in a relevant relationship

### sec.22A Who is the person most in need of protection in a relevant relationship A person (the first person ), who is in a relevant relationship with another person (the second person ), is the person most in need of protection in the relationship if, when the behaviour of each of the persons is considered in the context of their relationship as a whole— the behaviour of the second person towards the first person is, more likely than not— abusive, threatening or coercive; or controlling or dominating of the first person and causing the first person to fear for the safety or wellbeing of the first person, a child of the first person, another person or an animal (including a pet); or the first person’s behaviour towards the second person is, more likely than not— for the first person’s self-protection or the protection of a child of the first person, another person or an animal (including a pet); or in retaliation to the second person’s behaviour towards the first person, a child of the first person, another person or an animal (including a pet); or attributable to the cumulative effect of the second person’s domestic violence towards the first person. In deciding which person in a relevant relationship is the person most in need of protection, the following matters must be considered— the history of the relevant relationship, and of domestic violence, between the persons; the nature and severity of the harm caused to each person by the behaviour of the other person; the level of fear experienced by each person because of the behaviour of the other person; which person has the capacity— to seriously harm the other person; or to control or dominate the other person and cause the other person to fear for the safety or wellbeing of the first person, a child of the first person, another person or an animal (including a pet); whether the persons have characteristics that may make them particularly vulnerable to domestic violence. women children Aboriginal peoples and Torres Strait Islander peoples people from a culturally or linguistically diverse background people with disability people who are lesbian, gay, bisexual, transgender or intersex elderly people s 22A ins 2023 No. 1 s 34 amd 2025 No. 18 s 7 (sec.22A-ssec.1) A person (the first person ), who is in a relevant relationship with another person (the second person ), is the person most in need of protection in the relationship if, when the behaviour of each of the persons is considered in the context of their relationship as a whole— the behaviour of the second person towards the first person is, more likely than not— abusive, threatening or coercive; or controlling or dominating of the first person and causing the first person to fear for the safety or wellbeing of the first person, a child of the first person, another person or an animal (including a pet); or the first person’s behaviour towards the second person is, more likely than not— for the first person’s self-protection or the protection of a child of the first person, another person or an animal (including a pet); or in retaliation to the second person’s behaviour towards the first person, a child of the first person, another person or an animal (including a pet); or attributable to the cumulative effect of the second person’s domestic violence towards the first person. (sec.22A-ssec.2) In deciding which person in a relevant relationship is the person most in need of protection, the following matters must be considered— the history of the relevant relationship, and of domestic violence, between the persons; the nature and severity of the harm caused to each person by the behaviour of the other person; the level of fear experienced by each person because of the behaviour of the other person; which person has the capacity— to seriously harm the other person; or to control or dominate the other person and cause the other person to fear for the safety or wellbeing of the first person, a child of the first person, another person or an animal (including a pet); whether the persons have characteristics that may make them particularly vulnerable to domestic violence. women children Aboriginal peoples and Torres Strait Islander peoples people from a culturally or linguistically diverse background people with disability people who are lesbian, gay, bisexual, transgender or intersex elderly people - (a) the behaviour of the second person towards the first person is, more likely than not— (i) abusive, threatening or coercive; or (ii) controlling or dominating of the first person and causing the first person to fear for the safety or wellbeing of the first person, a child of the first person, another person or an animal (including a pet); or - (i) abusive, threatening or coercive; or - (ii) controlling or dominating of the first person and causing the first person to fear for the safety or wellbeing of the first person, a child of the first person, another person or an animal (including a pet); or - (b) the first person’s behaviour towards the second person is, more likely than not— (i) for the first person’s self-protection or the protection of a child of the first person, another person or an animal (including a pet); or (ii) in retaliation to the second person’s behaviour towards the first person, a child of the first person, another person or an animal (including a pet); or (iii) attributable to the cumulative effect of the second person’s domestic violence towards the first person. - (i) for the first person’s self-protection or the protection of a child of the first person, another person or an animal (including a pet); or - (ii) in retaliation to the second person’s behaviour towards the first person, a child of the first person, another person or an animal (including a pet); or - (iii) attributable to the cumulative effect of the second person’s domestic violence towards the first person. - (i) abusive, threatening or coercive; or - (ii) controlling or dominating of the first person and causing the first person to fear for the safety or wellbeing of the first person, a child of the first person, another person or an animal (including a pet); or - (i) for the first person’s self-protection or the protection of a child of the first person, another person or an animal (including a pet); or - (ii) in retaliation to the second person’s behaviour towards the first person, a child of the first person, another person or an animal (including a pet); or - (iii) attributable to the cumulative effect of the second person’s domestic violence towards the first person. - (a) the history of the relevant relationship, and of domestic violence, between the persons; - (b) the nature and severity of the harm caused to each person by the behaviour of the other person; - (c) the level of fear experienced by each person because of the behaviour of the other person; - (d) which person has the capacity— (i) to seriously harm the other person; or (ii) to control or dominate the other person and cause the other person to fear for the safety or wellbeing of the first person, a child of the first person, another person or an animal (including a pet); - (i) to seriously harm the other person; or - (ii) to control or dominate the other person and cause the other person to fear for the safety or wellbeing of the first person, a child of the first person, another person or an animal (including a pet); - (e) whether the persons have characteristics that may make them particularly vulnerable to domestic violence. Examples of people who may be particularly vulnerable to domestic violence— • women • children • Aboriginal peoples and Torres Strait Islander peoples • people from a culturally or linguistically diverse background • people with disability • people who are lesbian, gay, bisexual, transgender or intersex • elderly people - • women - • children - • Aboriginal peoples and Torres Strait Islander peoples - • people from a culturally or linguistically diverse background - • people with disability - • people who are lesbian, gay, bisexual, transgender or intersex - • elderly people - (i) to seriously harm the other person; or - (ii) to control or dominate the other person and cause the other person to fear for the safety or wellbeing of the first person, a child of the first person, another person or an animal (including a pet); - • women - • children - • Aboriginal peoples and Torres Strait Islander peoples - • people from a culturally or linguistically diverse background - • people with disability - • people who are lesbian, gay, bisexual, transgender or intersex - • elderly people