Text as at 26 April 2026

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322J Evidence of family violence

(1)Evidence of family violence, in relation to a person, includes evidence of any of the following—

(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.

(2)In this section— child means a person who is under the age of 18 years; family member, in relation to a person, includes— family violence, in relation to a person, means violence against that person by a family member; violence means—

(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;

(a)physical abuse; or

(b)sexual abuse; or

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

(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.

(3)Without limiting the definition of violence in subsection (2)—

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

(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.