The following behaviour may constitute family violence under paragraph (a)—
1 The following behaviour may constitute family violence under paragraph (a)—
• using coercion, threats, physical abuse or emotional or psychological abuse to cause or attempt to cause a person to enter into a marriage;
• using coercion, threats, physical abuse or emotional or psychological abuse to demand or receive dowry, either before or after a marriage.
2 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.
Without limiting subsection (1), family violence includes the following behaviour—
assaulting or causing personal injury to a family member or threatening to do so;
sexually assaulting a family member or engaging in another form of sexually coercive behaviour or threatening to engage in such behaviour;
S. 5(2)(ba) inserted by No. 37/2023 s. 5.
choking, strangling or suffocating (within the meaning of section 34AB(1) of the Crimes Act 1958) a family member or threatening to do so;
S. 5(2)(bb) inserted by No. 1/2026 s. 19(a).
stalking a family member;
intentionally damaging a family member's property, or threatening to do so;
unlawfully depriving a family member of the family member's liberty, or threatening to do so;
S. 5(2)(da) inserted by No. 1/2026 s. 19(b).
using or misusing, or attempting or threatening to use or misuse, systems, processes and providers of services as a means of coercing or controlling a family member;
Examples
- Intentional misuse of court processes for the purpose of coercing or controlling a family member.
- Making malicious allegations or reports about the family member to entities such as Victoria Police, child protection services, health services, family services, and entities having responsibility for immigration.
S. 5(2)(db) inserted by No. 1/2026 s. 19(b).
influencing or attempting to influence the actions or decisions of providers of family, health and other services as a means of coercing or controlling a family member;
S. 5(2)(e) substituted by No. 1/2026 s. 19(c).
causing or threatening to cause the death or mistreatment 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;
Example
Mistreatment of an animal may include withholding the animal's food, water, shelter or medication.
S. 5(2)(f) inserted by No. 1/2026 s. 19(c).
causing or threatening to cause the sale, removal, abandonment, rehoming or surrendering of 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.
To remove doubt, it is declared that behaviour may constitute family violence even if the behaviour would not constitute a criminal offence.
This Act’s bill:Explanatory memorandumSecond reading speech
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