Definitions of domestic violence
Crimes Act | Other definitions
Crimes Act
There are many definitions of domestic violence. These Interagency Guidelines are based on the definition in Part 15 A of the Crimes Act (1900).
The Crimes Act definition of domestic violence includes violence between people who are in a "domestic relationship" which broadly defines and includes extended family members and flatmates. The Crimes Act explicitly includes threats to third parties.
The Crimes Act 1900 defines a domestic violence offence as a personal violence offence committed against:
a) A person who is or has been married to the person who commits the offence, or
b) A person who has or has had a de facto relationship, within the meaning of the Property (Relationships) Act 1984, with the person who commits the offence, or
c) A person who has or has had an intimate personal relationship with the person who commits the offence, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or
d) A person who is living or has lived in the same household or other residential facility as the person who commits the offence, or
e) A person who has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the person who commits the offence, or
f) A person who is or has been a relative (within the meaning of s4 (6)) of the person who commits the offence.
A personal violence offence is defined is s4 (1) of the Crimes Act 1900. It includes an offence or attempted offence of the following nature:
- s19-Murder,
- s24 -Manslaughter,
- s27-Acts done to the person with intent to murder,
- s28 Acts done to property with intent to murder,
- s29 Certain other attempts to murder,
- s30 Attempts to murder by other means,
- s33 Wounding with intent to do bodily harm or resist arrest,
- s33A Discharging loaded arms with intent,
- s35 Malicious wounding or infliction of grievous bodily harm,
- s39 Using poison so as to endanger life,
- s41 Administering poison etc with intent to injure or annoy,
- s44 Not providing wife, child, servant with food etc,
- s46 Causing bodily injury by gunpowder etc,
- s47 Using etc explosive substance or corrosive fluid,
- s48 Placing gunpowder near building,
- s49 Setting a trap,
- s58 Assault with intent to commit serious indictable offence on certain officers,
- s59 Assault occasioning actual bodily harm,
- s61 Common assault prosecuted by indictment,
- s61B relating to aggravated sexual assault,
- s61D and s61I Sexual assault,
- s61J Aggravated sexual assault,
- s61K Assault with intent to have sexual intercourse,
- s61E and s61L relating to indecent assault,
- s61M Aggravated indecent assault,
- s61N Act of indecency,
- 61O Aggravated act of indecency,
- s195 Maliciously destroying property or damaging property,
- s196 maliciously destroying or damaging property with intent to injure a person,
- s198 Maliciously destroying or damaging property with the intention of endangering life,
- s199 Threatening to destroy of damage property,
- s562I Offence of contravening order.
For the purposes of the definition of domestic violence offence, a person is a relative of a person, (according to the Crimes Act 1900):
If the person is:
- A father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law, or
- A son, daughter, grandson, grand-daughter, step-son, step-daughter, son-in-law, or daughter-in-law, or
- A brother, sister, half-brother, half-sister, brother-in-law or sister-in-law or,
- An uncle, aunt, uncle-in-law or aunt-in-law, or
- A nephew or niece, or
- A cousin, of the other person, or
Where the person is in a de facto relationship, within the meaning of the Property (Relationships) Act 1984, with somebody else (the person’s partner) if the other person is:
- A father, mother, grandfather, grandmother, step-father or step-mother, or
- A son, daughter, grandson, grand-daughter, step-son or step-daughter, or
- A brother, sister, half-brother or half-sister, or
- An uncle or aunt, or
- A nephew or niece, or
- A cousin,
of the person’s partner. |
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Other definitions
Domestic violence is violence, abuse and intimidatory behaviour perpetrated by one person against another in a personal, intimate relationship. It includes partnership violence perpetrated when couples are separated or divorced.
It includes violence between family members.
Acts of domestic violence are mainly but not only perpetrated by men against women within heterosexual relationships but can also occur within same sex relationships.
Domestic violence occurs between two people where one has power over the other causing fear, physical and/or psychological harm.
Children and young people may experience harm, by being in the presence of or by being exposed to violence in the parental relationship, by becoming the victims of violence or a combination of the two.
Partnerships Against Domestic Violence Statement of Principles agreed by the Australian Heads of Government at the 1997 National Domestic Violence Summit
Domestic violence is an abuse of power perpetrated mainly (but not only) by men against women both in relationship and after separation. It occurs when one partner attempts physically or psychologically to dominate and control the other. Domestic violence takes a number of forms. The most commonly acknowledged forms are physical and sexual violence, threats and intimidation, emotional and social abuse and economic deprivation.
NSW Health
Domestic violence is defined as:
Violent, abusive or intimidating behaviour carried out by an adult against a partner or former partner to control and dominate that person. Domestic violence causes fear, physical and/or psychological harm. It is most often violent, abusive or intimidating behaviour by a man against a woman. Living with domestic violence has a profound effect upon children and young people and may constitute a form of child abuse.
The above definition also includes violence in same sex relationships. Domestic violence includes physical abuse; sexual abuse; psychological, emotional and verbal abuse; social abuse; economic abuse; and harassment and stalking. These various forms of abuse often occur simultaneously as a form of systematic abuse with the effect of coercing and controlling a partner. Many forms of domestic violence are offences under the NSW Crimes Act 1900.
NSW Council On Violence Against Women's working definition 1997
Domestic violence may include psychological, physical, financial, social and sexual abuse. Financial abuse refers to the inequitable control over access to shared resources. In the family context this may mean that the male partner is in a position to allocate insufficient funds for household purchases and /or control the female partner's income, assets and expenditure.
Domestic violence is widely recognised as occurring within heterosexual relationships and within families and/or occurring in the home or living environment. The council recognises that domestic violence also occurs within same sex relationships and their families.
Specific situations that may make some women more likely to be subject to violence include living situations where these women are dependent on others. These forms of abuse may include: |
- Failure to provide food, shelter, and /or clothing;
- Failure to provide personal, medical or dental care;
- Inappropriate use of medication, including over- medication; and /or
- Being abandoned by a carer.
NSW Interagency Guidelines for Child Protection Intervention
Domestic violence is violence, abuse and intimidatory behaviour perpetrated by one person against another in a personal, intimate relationship. It is partnership violence that includes violence perpetrated when couples are separated or divorced.
Acts of domestic violence are mainly but not only perpetrated by men against women within heterosexual relationships but can also occur within same sex relationships.
Domestic violence occurs between two people where one has power over the other causing fear, physical and/or psychological harm.
Children and young people may experience harm, by being in the presence of or by being exposed to violence in the parental relationship, by becoming the victims of violence or a combination of the two.
Practice Standards For Working With Children And Young People Who Have Lived With Domestic Violence
Domestic violence is violence which occurs within a marital/defacto relationship. Domestic violence is considered to be behaviour which results in physical, sexual and or psychological damage; forced social isolation; economic deprivation; or behaviour which causes the victim to live in fear.
The Cultural Context Model
Domestic violence is the patterned and repeated use of coercive and controlling behaviour to limit, direct, and shape a partner's thoughts, feelings and actions. An array of power and control tactics is used along a continuum in concert with one another. |
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