Family Violence Act 2018

11 Meaning of psychological abuse

(1)

Psychological abuse includes—

(a)

threats of physical abuse, of sexual abuse, or of abuse of a kind stated in paragraphs (b) to (f):

(b)

intimidation or harassment (for example, all or any of the following behaviour that is intimidation or harassment:

(i)

watching, loitering near, or preventing or hindering access to or from a person’s place of residence, business, or employment, or educational institution, or any other place that the person visits often:

(ii)

following the person about or stopping or accosting a person in any place:

(iii)

if a person is present on or in any land or building, entering or remaining on or in that land or building in circumstances that constitute a trespass):

(c)

damage to property:

(d)

ill-treatment of 1 or both of the following:

(i)

household pets:

(ii)

other animals whose welfare affects significantly, or is likely to affect significantly, a person’s well-being:

(e)

financial or economic abuse (for example, unreasonably denying or limiting access to financial resources, or preventing or restricting employment opportunities or access to education):

(f)

in relation to a person unable, by reason of age, disability, health condition, or any other cause, to withdraw from the care or charge of another person, hindering or removing (or threatening to hinder or remove) access to any aid or device, medication, or other support that affects, or is likely to affect, the person’s quality of life:

(g)

in relation to a child, abuse stated in subsection (2).

(2)

A person psychologically abuses a child if that person—

(a)

causes or allows the child to see or hear the physical, sexual, or psychological abuse of a person with whom the child has a family relationship; or

(b)

puts the child, or allows the child to be put, at real risk of seeing or hearing that abuse occurring.

(3)

However, the person who suffers the abuse in subsection (2)(a) and (b) is not regarded, under subsection (2), as having (as the case may be)—

(a)

caused or allowed the child to see or hear that abuse; or

(b)

put the child, or allowed the child to be put, at risk of seeing or hearing that abuse.

(4)

Psychological abuse may be or include behaviour that does not involve actual or threatened physical or sexual abuse.

(5)

This section does not limit section 9(2)(c).

Compare: 1995 No 86 s 3(3), (5)