Restraining Orders Act 1997

A reference in this Act to family violence is a reference to —

violence, or a threat of violence, by a person towards a family member of the person; or

any other behaviour or pattern of behaviour by the person that coerces or controls the family member or causes the member to be fearful.

Behaviour or a pattern of behaviour referred to in subsection (1)(b) —

may occur over a period of time; and

may be more than 1 act, or a series of acts, that when considered cumulatively coerces or controls the family member or causes the member to be fearful; and

is to be considered in the context of the relationship between the person and the family member as a whole.

Examples of behaviour or a pattern of behaviour that may constitute family violence include (but are not limited to) the following —

an assault against the family member;

a sexual assault or other sexually abusive behaviour against the family member;

stalking or cyber‑stalking the family member;

repeated derogatory remarks against the family member;

damaging or destroying property of the family member;

causing death or injury to an animal that is the property of the family member;

unreasonably denying the family member the financial autonomy that the member would otherwise have had;

unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or a child of the member, at a time when the member is entirely or predominantly dependent on the person for financial support;

coercing, threatening, or causing physical abuse, emotional or psychological abuse or financial abuse, in connection with demanding or receiving dowry, whether before or after any marriage;

preventing the family member from making or keeping connections with the member’s family, friends or culture;

kidnapping, or depriving the liberty of, the family member, or any other person with whom the member has a family relationship;

distributing an intimate image of the family member without the family member’s consent, or threatening to distribute the image;

causing any family member who is a child to be exposed to behaviour or a pattern of behaviour referred to in this section.

For the purposes of this Act, a person who procures another person to commit family violence is taken to have also committed the family violence.