The defence of provocation under s 246 of the Criminal Code (WA) has no application to restraining order proceedings based on emotional abuse under s 6(1)(d) of the Restraining Orders Act 1997 (WA), because provocation only applies to offences of which assault is an element. A court may find emotional abuse without expert psychiatric or psychological evidence; the court can assess from lay evidence whether behaviour is reasonably capable of adversely impacting upon another person's emotional wellbeing.
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