In the Northern Territory under the Domestic and Family Violence Act, domestic and family violence can occur between two people who are or have been in a domestic or family relationship.

In the NT, ‘domestic and family relationship’ covers a lot of different types of relationships, including:

• people who are/were married or in a de facto relationship (including same-sex couples),
• people who are/were engaged,
• people who are /were dating, even if casually and even if the relationship is/was not sexual,
• people who are/were related (for example, mothers, fathers, siblings, aunties, uncles, grandparents, cousins, children, step-children, step-parents, in-laws and those considered related according to Aboriginal traditions or practices),
• people who are/were in a carer relationship, regardless of whether they live together,
• where a person has/had custody or guardianship of the other,
• where a person ordinarily or regularly lives or has lived with the other person e.g. housemates and ex-housemates, and
• where a person ordinarily or regularly lives or has lived with a relative of the other person e.g. a housemate’s relative.

Family Violence can include any of the following types of behaviour, when committed in the circumstances of a domestic relationship:

• assault including sexual assault
• threats, coercion, intimidation or verbal abuse
• abduction
• stalking
• economic abuse
• attempting or threatening any of the above, and
• emotional abuse or intimidation.

The law recognises that family violence can occur in forms other than physical violence or sexual assault.

Where family violence has occurred, a domestic violence order might be made (see the section on ‘Family and Domestic Violence Orders’ for more information).

The person who committed family violence might also be charged with a criminal offence under a different law, for example an assault.

In the Australian Capital Territory under the Family Violence Act, domestic and family violence can occur between two people who are ‘family members’.

The meaning of a family member is very broad and includes:

• a domestic partner or former domestic partner of the person
• an intimate partner or former intimate partner of the person
• a relative of the person
• a child of a domestic partner or former domestic partner of the person, or
• a parent of a child of the person.

A family member can commit family violence by engaging in any of the following behaviour:

• physical violence or abuse
• sexual violence or abuse
• emotional or psychological abuse
• economic abuse
• threatening behaviour
• coercion
• any other behaviour that controls or dominates the family member; and causes the family member to feel fear for the safety or wellbeing of the family member or another person; or
• behaviour that  causes  a  child  to  hear,  witness  or  otherwise  be exposed to behaviour listed here, or the effects of the behaviour.

Where family violence has occurred, a domestic violence order might be made (see the section on ‘Family and Domestic Violence Orders’ for more information).

The person who committed family violence might also be charged with a criminal offence under a different law, for example an assault.

In Western Australia, under the Restraining Orders Act family violence can occur in between people who are in a family relationship.

Family relationships include relationships between two people:

• who are, or were, married to each other
• who are, or were, in a de facto relationship with each other
• who are, or were, related to each other
• one of whom is a child who —
  • usually lives with or has lived with the other person
  • regularly lives with or stays, or lived with or stayed with the other person
• one of whom is, or was, a child of whom the other person is a guardian, or
• who have, or had, an intimate personal relationship, or other personal relationship, with each other.

Family violence is:

• violence, or a threat of violence, by a person towards a family member of the person, or
• any other behaviour by the person that forces or controls the family member or causes the member to be fearful.

Examples of behaviour that may constitute family violence include (but are not limited to):

• physical or sexual assault
• stalking or cyber‑stalking
• repeated insults
• damaging or destroying property
• causing death or injury to an animal
• financially controlling the person, and
• stopping the person from making or keeping connections with the member’s family, friends or culture;

Where family violence has occurred, a domestic violence order might be made (see the section on ‘Family and Domestic Violence Orders’ for more information).

The person who committed family violence might also be charged with a criminal offence under a different law, for example an assault.

In New South Wales under the Crimes (Domestic and Personal Violence) Act, domestic and family violence can occur in ‘domestic relationships’.

The meaning of domestic relationship in NSW includes where the person:

• is or has been married to (or in a de facto relationship with) the other person
• has/had an intimate personal relationship with the other person (whether sexual or not)
• is living or has lived in the same household as the other person
• is/has been a relative of the other person
• in the case of an Aboriginal person or a Torres Strait Islander, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture.

Two people have also been in a “domestic relationship” with each other if they have both had a certain kind of domestic relationship (for example, been married to) the same person. This means that a woman’s ex-partner and current partner would have a domestic relationship with each other even if they had never met.

Unlike other states and territories, the New South Wales legislation does not specifically define domestic violence. It is up to the courts to define domestic violence in NSW.

The courts have found that domestic and family violence can take many forms, including physical, sexual, psychological, and emotional abuse. It includes behaviour that is threatening, controlling, dominating, intimidating, and stalking.

Examples of domestic violence include controlling a family member’s finances, depriving them of their liberty, damaging their property, and physically abusing them by slapping, kicking, or punching.

Where family violence has occurred, a domestic violence order might be made (see the section on ‘Family and Domestic Violence Orders’ for more information).

The person who committed family violence might also be charged with a criminal offence under a different piece of legislation, for example an assault. In NSW, the person’s criminal record with also show that the offence was a domestic violence offence.

In NSW, the person’s criminal record with also show that the offence was a domestic violence offence.

In Victoria, the Family Violence Protection Act 2008 (FVPA) provides the rules and regulations around family violence.  Under that law, a family member includes:

• spouses/domestic partners, and people in intimate relationships (whether sexual or not);
• relatives, and
• a child who normally or regularly lives with the relevant person (or used to).

Family violence is behaviour by a person towards a family member of that person, if that behaviour is:

• physically or sexually abusive
• emotionally or psychologically abusive
• economically abusive
• threatening
• coercive
• in any other way controls or dominates a family member and causes that family member to feel fear for their safety or wellbeing, and
• behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of family violence.

Where family violence has occurred, a domestic violence order might be made (see the section on ‘Family and Domestic Violence Orders’ for more information).

The person who committed family violence might also be charged with a criminal offence under a different law, for example an assault.

The definition of family violence in the Family Law Act is not the same definition as the definition in Tasmania’s Family Violence Act.

Under the Family Violence Act in Tasmania, family violence can occur between people aged 16 years and over and who:

• are married or have been married;
• are in a significant relationship or have been in one.

Significant relationships are defined as between two persons who have a relationship as a couple and who are not married to one another or who are not related by family. This includes same-sex and de facto relationships.

Family Violence can include any of the following types of behaviour committed by a person, directly or indirectly, against that person’s spouse or partner:

• assault including sexual assault;
• threats, coercion, intimidation or verbal abuse;
• abduction;
• stalking;
• attempting or threatening any of the above;
• economic abuse;
• emotional abuse or intimidation.

It is also important to note that Family Violence Orders for other states or territories can be registered and enforced in Tasmania.

For advice, you can contact Women’s Legal Service Tasmania on 1800 682 468.

Under the Domestic and Family Violence Protection Act 2012 in Queensland, domestic violence can occur between people who are in:

• an intimate personal relationship;
• a family relationship; or
• an informal care relationship.

“Intimate personal relationships” are defined as including spouses, former spouses, parents of a child or of a person, persons who are engaged, couples and former couples. This includes same-sex and de facto relationships.

“Family relationships” are defined as between any persons connected by blood or marriage. “Informal care relationships” are defined as between two persons one of whom is or was dependent on the other for help in an activity of daily living.

Domestic Violence can include any of the following types of behaviour committed by a person, directly or indirectly, against another person where they are in one of the above relationships:

• assault including sexual assault;
• threats, coercion, intimidation or verbal abuse;
• abduction;
• stalking;
• attempting or threatening any of the above;
• economic abuse;
• emotional abuse or intimidation;
• any other behaviour which is controlling or dominating and causes the victim to fear for his, her, or a third party’s safety or wellbeing.