What is Domestic and Family Violence?

Domestic and family violence is about people in certain relationships being treated badly. There are laws to protect people who are victims of domestic and family violence. Most of the laws are civil laws and sometimes criminal laws will apply.

There are many behaviours that the law says are domestic violence – it is not only physical harm. Domestic and family violence can include a person:

• hurting someone– physically, emotionally or psychologically – such as by hitting them, grabbing hold of them, repeatedly criticising them, or making them feel useless or worthless; or
• controlling them – including by stopping them seeing friends and family; stopping them getting a job; not letting them access money or things they own; following or repeatedly texting them; monitoring where they are going or who they are with; or
• threatening them or someone or something they care about (like a pet), threatening to harm or kill themselves, or threatening to tell others about their sexual orientation if the other person doesn’t do what they want.

What relationships are covered?

The laws apply to people who are:

• married, have been married, are engaged, are a couple, or have been a couple (including same sex couples);
• family members or relatives – related either by blood, marriage, or cultural connections;
• helping to care for other people who need help with things like meals, shopping, getting dressed (this doesn’t include parents and their children under 18).

How do Domestic and Family Violence laws apply to young people in a family?

Orders relating to domestic violence between family members or relatives can only be made where both the victim and the person using the violence are 18 or over. This means young people under 18 cannot get Domestic Violence Orders against their family members and family members cannot get Domestic Violence Orders against their children who are under 18.

If you feel unsafe in your family, you can contact one of the agencies under the ‘where can I get support’ section (below on this factsheet), Child Safety Services on 13 74 68, or the police. Child Safety Services or the police may decide that it is not safe for you to live at home and may apply to the court for you to be taken into the care of Child Safety Services.

Any family member, including you, can be charged if they commit a criminal offence against a family member.

How do Domestic and Family Violence laws apply to young people as partners?

Domestic violence laws apply to all couples, regardless of the age of the parties. The law includes couples where either one or both partners are under 18 (but remember it is unlawful for any person to have sex with someone under 16, see ‘Sex’ factsheet). In deciding if you are a couple the police and court may want to know:

• how dependent you are on each other;
• how committed you are to each other (do you live together, do you share money and possessions);
• how long you have been together;
• how often you are with each other;
• are you in a sexual relationship;
• whether the relationship is exclusive.

If either of you were under 16 when the relationship started, you should talk to a lawyer because there are legal issues for young people in relationships under 16:  See the “Who can I contact for support” list below and “Sex” Fact Sheet.

What action can the police take when someone under 18 is in a couple relationship and there is domestic violence?

If the police believe:

• there has been domestic violence; and
• someone is in danger of being injured by another person; or
• there is likely to be damage to property.

Police can:

• Give a person over 18, who they believe has committed domestic violence a Police Protection Direction (PPD), these last for a period of 12 months. The PPD can include conditions to be of good behaviour, to have no contact, to not approach within certain distances;
• Give a person they believe has committed domestic violence a Police Protection Notice (PPN) to stop the person doing more harm once the police leave (for example, the notice could ban the person from the house for up to 24 hours);
• Where they have already given a PPN, also take the person who is committing domestic violence to a police station and hold them for 4 hours (or 8 hours if they are drunk/under the influence of drugs);
• Go to court and ask for a Protection Order for up to 5 years;
• If an offence has been committed, commence charges. This could be done by arrest.

The police can do this even if the victim does not agree or wish for this to happen.

The police should only take a young person under 18 into custody for domestic violence:

• when they have no alternatives; and
• for as short a time as possible; and
• must tell their parent.

If the young person is on an order under Child Safety the police must let Child Safety know they have taken the young person into custody. Young people must be held separately from any adults being held in custody at the same place.

If a young person is banned from their home for 24 hours, the police officer must:

• arrange temporary accommodation for the young person; and
• transport, or arrange for the transport of, the young person to the accommodation.

If the domestic violence is also a crime (for example, stalking, or assault), then the Police can arrest and charge the person with that offence as well as taking action under domestic violence laws. For example, if one parent hits another parent, then the police can charge the violent parent and issue a police protection notice banning them from the home for 24 hours.

What can the courts do?

A Magistrate can make a Domestic Violence Order against a person if they decide that an order is needed to protect a person from domestic violence. For someone under 18, this is only where young people are in, or have been in, a “couple” or “informal care” relationship.

The court can make orders to keep the person away and stop them committing domestic violence (including making them leave the house and live somewhere else). The order can stay in place for up to 5 years.

If an order is made to protect one of your parents and you are under 18 and living at home, the order can name you as someone protected by the order. This can happen even if you did not ask to be protected, and do not want to be named. The order may include no contact with the person against whom the order is made.

What conditions can be put on Domestic Violence Orders (including Police Protection Notices)?

All Domestic Violence Orders must include the condition that the person:

• be of good behaviour; and
• not commit domestic violence towards the other person(s); and
• must not arrange for anyone else to commit an act of domestic violence towards the other person(s).

The order can also include conditions, like:

• not to contact a particular person or people (including their children);
• to stay away from certain places (for example, school, home, or work);
• or any other conditions that the courts believe are necessary or desirable to protect the victim.

Can the order be changed?

If you are a party or a named person on an order, you may be able to request a change to the conditions of the order (variation application). You should contact a lawyer in the ‘Who can I contact for support’.

What happens if someone breaches a Domestic Violence Order (including Police Protection Notices)?

It is a criminal offence to breach (break the conditions) of a Domestic Violence Order (including Police Protection Notice) and the person can be charged and be punished by the court.  Punishment can include being sent to detention or jail.