Family violence is a serious and often hidden issue that can have long-lasting effects on the victims. In Western Australia, the Restraining Orders Act 1997 defines family violence broadly, recognising that it encompasses a range of abusive behaviours that can impact a person’s physical and emotional wellbeing. The Act sets out the behaviours that may constitute family violence and justifies the need for restraining orders to protect victims from further harm.

This blog will explore some examples of behaviours that can constitute family violence as defined under the Restraining Orders Act 1997 (WA), helping individuals understand the legal scope of this issue.

1. Physical Abuse

One of the most immediately recognisable forms of family violence is physical abuse, which can include any act of violence that causes harm or injury to the victim. The Restraining Orders Act recognises that physical violence is not limited to obvious injuries, but also includes actions that create a pattern of harm or the threat of harm.

• Examples of physical abuse include:
  • Hitting, slapping, punching, kicking, or any form of physical assault.
  • Throwing objects at the victim.
  • Forcing the victim to take part in unsafe or dangerous activities.
  • Physically restraining or trapping the victim (e.g., preventing them from leaving the house or holding them against their will).

Physical violence often leads to immediate physical injuries, but the emotional trauma and long-term fear of harm can be just as damaging.

2. Sexual Abuse or Coercion

Sexual abuse and coercion are also serious forms of family violence. The Restraining Orders Act recognises that any sexual behaviour that is forced, unwanted, or threatening is a form of abuse, regardless of the relationship between the parties.

• Examples of sexual abuse include:
  • Rape or sexual assault, including coercion or threats of violence to force a victim into unwanted sexual acts.
  • Threatening or pressuring the victim into sexual activities against their will.
  • Controlling or monitoring the victim’s sexual activity (e.g., controlling their access to contraception, or forcing them into unwanted sexual acts).

Such behaviours can severely affect the victim’s mental health, self-esteem, and safety, and may be one of the factors leading to the need for a restraining order.

3. Emotional and Psychological Abuse

Emotional and psychological abuse is often more difficult to identify, but it can be just as damaging as physical violence. The Restraining Orders Act recognises that behaviour that causes the victim to feel fearful, anxious, or degraded is a form of family violence.

• Examples of emotional and psychological abuse include:
  • Verbal abuse: Constant insults, belittling comments, and threats that aim to control, demean, or humiliate the victim.
  • Gaslighting: Manipulating the victim into doubting their own perception of reality or sanity (e.g., denying things that happened or lying to confuse them).
  • Controlling behaviour: Monitoring or restricting the victim’s access to friends, family, work, or activities, thereby isolating them from support networks.
  • Intimidation: Using threats of violence or other forms of harm to instil fear in the victim, even if no actual harm is intended.

This type of abuse can leave deep emotional scars and often creates a climate of fear and anxiety, which can prompt the victim to seek a restraining order.

4. Economic Abuse

Economic abuse is a form of control that prevents the victim from achieving financial independence or controlling their own resources. It is often used as a means of domination and is recognised under the Restraining Orders Act as a form of family violence.

• Examples of economic abuse include:
  • Controlling the victim’s access to money: Withholding access to bank accounts, preventing the victim from working, or limiting their ability to use resources for personal needs.
  • Sabotaging employment: Making it difficult for the victim to maintain their job (e.g., constant interference with work hours, demanding they quit their job, or disrupting their ability to get to work).
  • Running up debts: Forcing the victim into financial hardship by making them responsible for debts or expenses that they did not agree to or cannot afford.

Economic abuse can significantly impact a person’s ability to leave an abusive relationship, as it limits their financial independence and freedom.

5. Threats of Harm or Death

Threatening harm or death is another form of family violence that the Restraining Orders Act clearly recognises. Threats, even if not acted upon, can create an atmosphere of fear and control, significantly impacting the victim’s emotional and psychological wellbeing.

• Examples of threats include:
  • Threatening physical harm: Making threats to kill or cause severe injury to the victim or their loved ones.
  • Threatening self-harm: Threatening to harm or kill oneself in order to manipulate or control the victim.
  • Threatening to harm children or pets: Threatening to harm children, pets, or other family members as a means of exerting control over the victim.

These threats may be made explicitly or through implied language, gestures, or actions. Even if the threats are not carried out, they can cause intense emotional harm and often lead victims to seek restraining orders for their protection.

6. Stalking or Harassment

Stalking and harassment involve a pattern of unwanted behaviour that causes the victim to feel harassed, frightened, or threatened. The Restraining Orders Act defines stalking as a form of family violence when the perpetrator’s actions cause the victim fear or distress.

• Examples of stalking or harassment include:
  • Repeatedly following the victim, showing up uninvited at their home or workplace.
  • Sending excessive, unwanted messages (e.g., texts, emails, or phone calls) to intimidate or control the victim.
  • Monitoring the victim’s movements or activities, either physically or through technology (e.g., tracking devices or surveillance cameras).
  • Using social media or other forms of communication to harass, threaten, or manipulate the victim.

Such behaviour can make the victim feel constantly unsafe and can be an ongoing source of fear and distress, often leading to a need for protection through a restraining order.

7. Damage to Property

Damaging or destroying the victim’s property is another form of family violence under the Restraining Orders Act. This behaviour can be used as a way of intimidating or controlling the victim, and it often escalates to more serious forms of violence.

• Examples of property damage include:
  • Breaking or vandalising the victim’s personal belongings (e.g., smashing their phone, damaging their car, or tearing up important documents).
  • Destroying items that have sentimental value to the victim, such as photos, gifts, or clothing.
  • Threatening to damage or destroy property as a means of control.

While property damage may not directly harm the victim, it is often used as a tool for coercion, creating a climate of fear and undermining the victim’s sense of safety and security.

Conclusion

The Restraining Orders Act 1997 (WA) defines family violence as encompassing a wide range of abusive behaviours that can cause physical, emotional, financial, and psychological harm. The examples listed above illustrate just a few of the ways that family violence can manifest, and help clarify what may be considered abusive under the law. If you or someone you know is experiencing any of these behaviours, it’s essential to seek legal advice and consider applying for a restraining order for protection.

Family violence is never acceptable, and the law provides avenues for victims to seek help and protect themselves from further harm. If you’re unsure whether a behaviour constitutes family violence, consulting with a legal professional can help you understand your options and take steps towards safety.