Last Updated: 1 December 2016

[DV 3] Definition of domestic violence3 

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(1) “Domestic violence” in relation to any person means violence against that person (“the victim”) committed, directed or undertaken by a person (“the perpetrator”) with whom the victim is, or has been, in a family or domestic relationship.
(2) In relation to subsection (1), “violence” means any of the following—
  • (a)physical injury or threatening physical injury;
  • (b)sexual abuse or threatening sexual abuse;
  • (c)damaging or threatening to damage property of a victim;
  • (d)threatening, intimidating or harassing;
  • (e)persistently behaving in an abusive, cruel, inhumane, degrading, provocative or offensive manner;
  • (f)causing the victim apprehension or fear by—
    • (i)following the victim; or
    • (ii)loitering outside a workplace or other place frequented by the victim, or
    • (iii)entering or interfering with a home or place occupied by the victim, or
    • (iv)interfering with property of the victim, or
    • (v)keeping the victim under surveillance;
  • (g)causing or allowing a child to see or hear any of the violence referred to in paragraphs (a) to (f) inclusive;
  • (h)causing another person to do any of the acts referred to in paragraphs (a) to (g) inclusive towards the victim.
(3) Subject to subsection (4), causing or allowing a child to see or hear violence, as specified in subsection (2)(g), includes putting the child, or allowing the child to be put, at real risk of seeing or hearing that violence.
(4) A person who suffers the violence is not to be regarded, for the purposes of subsection (2)(g) or of subsection (3), as having caused or allowed or put the child at real risk of seeing or hearing the violence.
(5) A single act may amount to violence for the purpose of subsection (1) and in addition a number of acts that form part of a pattern of behaviour may amount to violence even though some or all of those acts, when viewed in isolation, may appear minor or trivial.