Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 5

Meaning 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 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;

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

   (d)  unlawfully depriving a family member of the family member's liberty,
        or threatening to do so;

   (e)  causing or threatening to cause the death of, or injury to, an animal,
        whether or not the animal belongs to the family member to whom the
        behaviour is directed so as to control, dominate or coerce the family
        member.

(3) To remove doubt, it is declared that behaviour may constitute family
violence even if the behaviour would not constitute a criminal offence.