DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 5 Domestic violence
DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 5
Domestic violence(1) Domestic violence is any conduct specified in subsection (2) if committed by a person against another person in the following circumstances:
(a) the persons are in a domestic relationship;
(b) the person had previously committed a sexual act against (or had sexual contact with) the other person without consent.
(2) For subsection (1), the following conduct is specified:
(a) physical or sexual abuse;
(b) emotional or psychological abuse;
(c) damaging real or personal property of the other person;
(d) intimidation;
(e) coercive control;
(f) causing the other person to fear for their safety or the safety of another person;
(g) stalking;
(h) economic abuse;
(i) using technology (including internet, social media and other electronic communications) as a means to commit conduct mentioned in paragraphs (a) to (h);
(j) attempting or threatening to commit conduct mentioned in paragraphs (a) to (i).
Examples for subsection (2)(i)
1 Spying on someone using any type of surveillance device such as a tracking system or spyware.
2 Stalking someone using a GPS-enabled device such as a mobile phone.
3 Using social media to abuse the person.
Notes for subsection (2)
1 This Act uses the term domestic violence but acknowledges that term includes family violence.
2 Under Part 2.2, a DVO may be sought, and made, against a person if the person counsels or procures someone to commit the conduct mentioned in this subsection (see section 17).
(3) Exposing a child with whom a person is in a domestic relationship to conduct mentioned in subsection (2), including to the effects of the conduct on another person, is also domestic violence.
(4) To avoid doubt, conduct does not have to constitute an offence against a law of the Territory for the conduct to be domestic violence.