Victorian Consolidated Legislation

Crimes Act 1958 - SECT 9AH

Family violence

9AH. Family violence



(1) Without limiting section 9AC, 9AD or 9AE, for the purposes of murder,
defensive homicide or manslaughter, in circumstances where family violence is
alleged a person may believe, and may have reasonable grounds for believing,
that his or her conduct is necessary-

   (a)  to defend himself or herself or another person; or

   (b)  to prevent or terminate the unlawful deprivation of his or her liberty
        or the liberty of another person-

even if-

   (c)  he or she is responding to a harm that is not immediate; or

   (d)  his or her response involves the use of force in excess of the force
        involved in the harm or threatened harm.

(2) Without limiting the evidence that may be adduced, in circumstances where
family violence is alleged evidence of a kind referred to in subsection (3)
may be relevant in determining whether-

   (a)  a person has carried out conduct while believing it to be necessary
        for a purpose referred to in subsection (1)(a) or (b); or

   (b)  a person had reasonable grounds for a belief held by him or her that
        conduct is necessary for a purpose referred to in subsection (1)(a) or
        (b); or

   (c)  a person has carried out conduct under duress.





(3) Evidence of-

   (a)  the history of the relationship between the person and a family
        member, including violence by the family member towards the person or
        by the person towards the family member or by the family member or the
        person in relation to any other family member;

   (b)  the cumulative effect, including psychological effect, on the person
        or a family member of that violence;

   (c)  social, cultural or economic factors that impact on the person or a
        family member who has been affected by family violence;

   (d)  the general nature and dynamics of relationships affected by family
        violence, including the possible consequences of separation from the
        abuser;

   (e)  the psychological effect of violence on people who are or have been in
        a relationship affected by family violence;

   (f)  social or economic factors that impact on people who are or have been
        in a relationship affected by family violence.

(4) In this section-

child means a person who is under the age of 18 years; family member, in
relation to a person, includes-

   (a)  a person who is or has been married to the person; or

   (b)  a person who has or has had an intimate personal relationship with the
        person; or

   (c)  a person who is or has been the father, mother, step-father or
        step-mother of the person; or

   (d)  a child who normally or regularly resides with the person; or

   (e)  a guardian of the person; or

   (f)  another person who is or has been ordinarily a member of the household
        of the person; family violence, in relation to a person, means
        violence against that person by a family member; violence means-

   (a)  physical abuse;

   (b)  sexual abuse;

   (c)  psychological abuse (which need not involve actual or threatened
        physical or sexual abuse), including but not limited to-

   (i)  intimidation;

   (ii) harassment;

   (iii) damage to property;

   (iv) threats of physical abuse, sexual abuse or psychological abuse;

   (v)  in relation to a child-

                (A)  causing or allowing the child to see or hear the
                     physical, sexual or psychological abuse of a person by a
                     family member; or

                (B)  putting the child, or allowing the child to be put, at
                     real risk of seeing or hearing that abuse occurring.

(5) Without limiting the definition of violence in subsection (4)-

   (a)  a single act may amount to abuse for the purposes of that definition;

   (b)  a number of acts that form part of a pattern of behaviour may amount
        to abuse for that purpose, even though some or all of those acts, when
        viewed in isolation, may appear to be minor or trivial.