Is mental abuse or threats included in the definition of family violence?

Yes, if the threat or mental abuse caused physical injury, property damage or the reasonable fear of either, then it could fall within the definition of family violence. What is a reasonable fear will depend upon the circumstances of each case. For example, if the threat had been made before and acted upon, it would likely be reasonable to be afraid the next time the threat is made, or if the threat is made whilst holding a weapon of some kind, it would likely be reasonable to be afraid. Property damage will include damage to the home such as smashing furniture or doors, and breaking personal items.

The mental abuse or threats might also take the form of stalking, which is defined as repeated conduct which a person knows or ought to know is harassment of a family member and which causes a family member to fear for another family member's safety. Stalking includes conduct such as

• following a family member from place to place;
• communicating directly or indirectly with the family member or anyone the family member knows;
• watching a place where the family member or someone they know is present, or they work or live;
• making threats to the family member or anyone they know;
• any other kind of conduct that a judge may determine is stalking.

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WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.