5Meaning of *family violence*

5 Meaning of *family violence*

(1) For the purposes of this Act, family violence is—

(a) behaviour by a person towards a family member of that person if that behaviour—

(i) is physically or sexually abusive; or

(ii) is emotionally or psychologically abusive; or

(iii) is economically abusive; or

(iv) is threatening; or

(v) is coercive; or

(vi) in any other way controls or dominates the family member and causes that family member to feel fear for the safety or wellbeing of that family member or another person; or

(b) behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of, behaviour referred to in paragraph (a).

Examples to s. 5(1)(b) amended by No. 33/2018 s. 15.

1 The following behaviour may constitute family violence under paragraph (a)—

• using coercion, threats, physical abuse or emotional or psychological abuse to cause or attempt to cause a person to enter into a marriage;

• using coercion, threats, physical abuse or emotional or psychological abuse to demand or receive dowry, either before or after a marriage.

2 The following behaviour may constitute a child hearing, witnessing or otherwise being exposed to the effects of behaviour referred to in paragraph (a)—

• overhearing threats of physical abuse by one family member towards another family member;

• seeing or hearing an assault of a family member by another family member;

• comforting or providing assistance to a family member who has been physically abused by another family member;

• cleaning up a site after a family member has intentionally damaged another family member's property;

• being present when police officers attend an incident involving physical abuse of a family member by another family member.

(2) Without limiting subsection (1), family violence includes the following behaviour—

(a) assaulting or causing personal injury to a family member or threatening to do so;

(b) sexually assaulting a family member or engaging in another form of sexually coercive behaviour or threatening to engage in such behaviour;

S. 5(2)(ba) inserted by No. 37/2023 s. 5.

(ba) choking, strangling or suffocating (within the meaning of section 34AB(1) of the Crimes Act 1958) a family member or threatening to do so;

(c) intentionally damaging a family member's property, or threatening to do so;