The Domestic Violence Act provides that domestic violence includes abuse involving the following:
- a spouse or partner living in the same household as the alleged abuser
- any children (including children who are not the biological children of both spouses or either spouse) residing in the same household
- any person who, due to a disability, age or infirmity, is dependent on the respondent for their welfare or maintenance
- any person who is 18 years old and above residing in the same household as the alleged abuser (this could include siblings, parents or older persons living with but not dependent on a younger relative)
- couples who do not share a common household but have a close personal relationship by virtue of the relationship's nature and intensity
The Domestic Violence Act and other relevant laws do not expressly define "domestic violence." However, the requirements for obtaining a protection order or occupation order suggest that domestic violence covers a broad range of actions, as follows:
- For a protection order, the abuser used or threatened to use violence against the victim or caused physical or mental injury to a victim or someone with whom a victim lives, and is likely to do so again.[16]
- For an occupation order, the alleged abuser used violence or caused physical or mental injury to a victim or someone in the victim's household.[17]
The prohibitions of a protection order also provide indicative examples of what the law considers domestic violence, as follows:
- watching or tormenting the home, workplace or place of education of a victim
- following or waiting for a victim or others in any place
- making persistent phone calls
- using abusive language, harassing or causing ill-treatment to the victim
- damaging property[18]
Violence in nonresidential relationships meeting certain criteria also constitutes domestic violence.[19]
The legislation appears to recognize that domestic violence includes multiple forms of violence against women throughout their life and in all spaces and spheres of human interaction (whether public or private), including mental health. However, other forms of violence (such as sexual and reproductive health, and rights and financial abuse) do not appear to be recognized. The law should define domestic violence, call out the various forms of domestic violence and provide concrete examples."Stalking" and "harassment" are not expressly used in domestic legislation. However, the Domestic Violence Act sets out actions akin to stalking and harassment that would be prohibited under a protection order, as follows:
- watching or tormenting the home, workplace or place of education of a victim
- following or waiting for a victim or others in any place
- making persistent phone calls
- using abusive language, harassing or causing ill-treatment to the victim[20]
"Stalking" and "harassment" are not expressly used in domestic legislation. However, the Domestic Violence Act sets out actions akin to stalking and harassment that would be prohibited under a protection order, as follows:
- watching or tormenting the home, workplace or place of education of a victim
- following or waiting for a victim or others in any place
- making persistent phone calls
- using abusive language, harassing or causing ill-treatment to a victim[21]
Please see Section 2 above.
Under the Domestic Violence Act, occupation orders and protection orders are available to victims of domestic abuse.Please see Section 1 above.
If the victim is a child, a person who is dependent on the alleged abuser for their welfare or maintenance or any person who is 18 years old and above residing in the same household, proceedings under the Domestic Violence Act may be initiated by the following:
- a person with whom the victim normally resides
- a parent or guardian of the victim
- a person dependent on the alleged abuser who is not mentally disabled
- a person who is approved by the minister of labor and social security to carry out social welfare work
- a constable[22]
Under the Sexual Offenses Act, "marital rape" is where a husband has sexual intercourse with his wife without her consent and, knowing that she does not consent or is reckless as to whether she consents, one of the following circumstances exists:
- the spouses have separated
- there is a separation agreement in writing between the spouses
- proceedings to dissolve the marriage or have it annulled have begun
- the husband has been ordered by the court not to molest or cohabit with the wife
- the man has sexual intercourse with his wife knowing that he suffers from a sexually transmitted infection[23]
Dependent (Domestic Violence Act)
This means a family member of the alleged abuser who is 18 years old or older residing with the abuser; and a person who, due to a physical or mental disability, age or infirmity, is reliant on the abuser for welfare or maintenance.
Visiting relationship (Domestic Violence Act)
This means a close relationship between a man and women by virtue of its nature and intensity who do not share a common residence. The nature and intensity of the relationship has regard to the following:
- amount of time spent together
- place where that time is ordinarily spent
- manner in which that time is ordinarily spent
- duration of the relationship
- existence of a child of both parties
Incest (Sexual Offenses Act)
This means when a male person willingly has sexual intercourse with another person knowing that the other person is his grandmother, mother, sister, daughter, aunt, niece or granddaughter (i.e., a blood relationship).