Women’s Charter 1961 · s 58B

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—(1) X commits “family violence” against Y if —(a)X is a family member of Y; and(b)X commits physical, sexual, or emotional or psychological abuse against Y.(2) “Physical abuse” —(a)includes conduct or behaviour that —(i)causes, or threatens to cause, personal injury or physical pain to a person; or(ii)threatens a person with the death or injury of the person; and(b)also includes wrongfully confining or restraining a person against the person’s will; but(c)does not include any force lawfully used —(i)in self‑defence; or(ii)by way of correction towards a child below 18 years of age.(3) “Sexual abuse” includes conduct or behaviour that coerces, or attempts to coerce, a person to engage in sexual activity.(4) “Emotional or psychological abuse” means conduct or behaviour that —(a)torments, intimidates, harasses or distresses a person; or(b)causes or may reasonably be expected to cause mental harm to a person, including thoughts of suicide or inflicting self‑harm.(5) Abuse may take the form of —(a)a single instance of conduct or behaviour; or(b)a course of conduct or behaviour.(6) The conduct or behaviour that constitutes abuse need not be directed at the family member in question, but must be capable of being seen, heard or otherwise perceived (directly or indirectly) by the family member in question.Illustrations(a)X spreads false rumours to third parties about X’s spouse being promiscuous. X’s spouse finds out about the rumours and is distressed. X has committed emotional or psychological abuse against X’s spouse.(b)X is prone to smash furniture in X’s house when X is angry. This behaviour causes X’s child to be distressed and in fear of personal injury. X has committed physical abuse, as well as emotional or psychological abuse, against X’s child.(c)X repeatedly makes demeaning comments to belittle and humiliate Y in front of their children. X threatens to stop giving Y a monthly allowance if Y contacts Y’s family or friends or seeks help. Y suffers mental harm as a result. X has committed emotional or psychological abuse against Y.
X commits “family violence” against Y if —(a)X is a family member of Y; and(b)X commits physical, sexual, or emotional or psychological abuse against Y.
“Physical abuse” —(a)includes conduct or behaviour that —(i)causes, or threatens to cause, personal injury or physical pain to a person; or(ii)threatens a person with the death or injury of the person; and(b)also includes wrongfully confining or restraining a person against the person’s will; but(c)does not include any force lawfully used —(i)in self‑defence; or(ii)by way of correction towards a child below 18 years of age.
“Sexual abuse” includes conduct or behaviour that coerces, or attempts to coerce, a person to engage in sexual activity.
“Emotional or psychological abuse” means conduct or behaviour that —(a)torments, intimidates, harasses or distresses a person; or(b)causes or may reasonably be expected to cause mental harm to a person, including thoughts of suicide or inflicting self‑harm.
Abuse may take the form of —(a)a single instance of conduct or behaviour; or(b)a course of conduct or behaviour.
The conduct or behaviour that constitutes abuse need not be directed at the family member in question, but must be capable of being seen, heard or otherwise perceived (directly or indirectly) by the family member in question.Illustrations(a)X spreads false rumours to third parties about X’s spouse being promiscuous. X’s spouse finds out about the rumours and is distressed. X has committed emotional or psychological abuse against X’s spouse.(b)X is prone to smash furniture in X’s house when X is angry. This behaviour causes X’s child to be distressed and in fear of personal injury. X has committed physical abuse, as well as emotional or psychological abuse, against X’s child.(c)X repeatedly makes demeaning comments to belittle and humiliate Y in front of their children. X threatens to stop giving Y a monthly allowance if Y contacts Y’s family or friends or seeks help. Y suffers mental harm as a result. X has committed emotional or psychological abuse against Y.

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s 58BWhat is family violence

(1)

X commits “family violence” against Y if —

(a)

X is a family member of Y; and

(b)

X commits physical, sexual, or emotional or psychological abuse against Y.

(2)

“Physical abuse” —

(a)

includes conduct or behaviour that —

(i)

causes, or threatens to cause, personal injury or physical pain to a person; or

(ii)

threatens a person with the death or injury of the person; and

(b)

also includes wrongfully confining or restraining a person against the person’s will; but(c)does not include any force lawfully used —

(i)

in self‑defence; or

(ii)

by way of correction towards a child below 18 years of age.

(3)

“Sexual abuse” includes conduct or behaviour that coerces, or attempts to coerce, a person to engage in sexual activity.

(4)

“Emotional or psychological abuse” means conduct or behaviour that —

(a)

torments, intimidates, harasses or distresses a person; or

(b)

causes or may reasonably be expected to cause mental harm to a person, including thoughts of suicide or inflicting self‑harm.

(5)

Abuse may take the form of —

(a)

a single instance of conduct or behaviour; or

(b)

a course of conduct or behaviour.

(6)

The conduct or behaviour that constitutes abuse need not be directed at the family member in question, but must be capable of being seen, heard or otherwise perceived (directly or indirectly) by the family member in question.Illustrations(a)X spreads false rumours to third parties about X’s spouse being promiscuous. X’s spouse finds out about the rumours and is distressed. X has committed emotional or psychological abuse against X’s spouse.

(b)

X is prone to smash furniture in X’s house when X is angry. This behaviour causes X’s child to be distressed and in fear of personal injury. X has committed physical abuse, as well as emotional or psychological abuse, against X’s child.

(c)

X repeatedly makes demeaning comments to belittle and humiliate Y in front of their children. X threatens to stop giving Y a monthly allowance if Y contacts Y’s family or friends or seeks help. Y suffers mental harm as a result. X has committed emotional or psychological abuse against Y.