The meaning of domestic violence and domestic relationship

What does the Act mean by domestic violence?

Domestic violence covers –

physical abuse, such as punching or kicking
sexual abuse, which includes any kind of unwanted sexual contact
psychological abuse, which includes intimidating someone, harassing them, damaging their property, or threatening them with physical or sexual abuse.

Allowing a child to see or hear domestic violence against another person counts as psychological abuse of the child. However, the person who suffers the violence isn’t held responsible for the child witnessing it.

Just one incident can amount to domestic violence. On the other hand, a number of incidents that may seem minor or trivial on their own can add up to domestic violence (eg. continual texting or phone harassment).

The Domestic Violence Act covers violence against children as well

Children can also apply for protection orders themselves against a parent or other adult, but they need to get an adult to apply on their behalf. As well as violence against children being covered by the Domestic Violence Act, smacking children is now also a criminal offence under the Crimes Act 1961. Parents who smack their children can now be prosecuted in the criminal courts (the District Court). The Police do, however, have discretion not to lay charges for minor or trivial incidents.

Types of relationships covered by the Domestic Violence Act

What does the Act mean by domestic relationship?

The Act covers a range of relationships, not just partners and family. It includes people who are, or used to be, in close personal relationships. Domestic relationships include: –

married couples
de facto and civil union partners (including same-sex couples)
parents and children
members of the same family, whanau or other culturally recognised family group
people who have a close personal relationship, even if they don’t live together or have a sexual relationship (eg. flatmates and other people who share the same household).

What can I do if I’m not in a domestic relationship with the other person?

If you’re not in a domestic relationship with the person who’s being violent, contact the Police, as the other person may have committed a criminal assault or some other offence such as criminal harassment under the Harassment Act 1997.

You may also be able to apply to the District Court for a restraining order against the other person under the Harassment Act. See the Harassment Info sheet.