The definition of ‘domestic violence’ in the Domestic and Family Violence Protection Act 2012 (Qld) includes, among other behaviours, emotional or psychological abuse. That abuse finds further definition as behaviour by a person towards another person that torments, intimidates, harasses or is offensive to them.
The legislation goes on to provide examples of behaviour which would be found to be emotional or psychological abuse. While these examples are not exhaustive, they include:
- following a person when they are out in public (eg: by vehicle or on foot)
- remaining outside their residence or place of work, particularly with the intent to harass them, talk with them or attempt to maintain a relationship with them
- regularly contacting them by telephone, SMS message, email or social networking site without their consent
- making repeated derogatory taunts, including racial taunts
- threatening to disclose a person’s sexual orientation to their friends or family without their consent
- threatening to withhold their medication; or
- preventing a person from making or keeping connections with their family, friends or culture, including cultural or spiritual ceremonies or practices, or preventing the person from expressing their cultural identity.
In enacting the Domestic and Family Violence Protection Act 2012 (Qld), the Queensland parliament recognised that domestic violence can be both an overt or subtle expression of a power imbalance. It often results in one person living in fear of another and usually involves an ongoing pattern of abuse over a period of time. The parliament and the Courts recognise that domestic violence can have serious impacts on people who experience it and that it is not always as obvious as physical abuse.
If you or someone you know is experiencing any of the behaviours listed above or would like further advice on whether a particular behaviour is emotional or psychological abuse please contact us. We can assist you in filing an Application for a Protection Order and represent you at the hearing.