Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 103CA

103CA What may constitute evidence of domestic violence

(1) For this part, evidence of domestic violence may include, but is not limited to, evidence of any of the following matters—

(a) the history of the domestic relationship between a person and an intimate partner or family member of the person, including—

(i) domestic violence committed by the intimate partner or family member against the person; or

(ii) domestic violence committed by the person against the intimate partner or family member;

(b) the cumulative effect of domestic violence, including the psychological effect, on a person or an intimate partner or family member of the person affected by the violence;

(c) social, cultural or economic factors that affect a person, or an intimate partner or family member of the person, who has been affected by domestic violence;

(d) responses by relatives, the community or agencies to domestic violence, including further violence that may be used by an intimate partner or family member to prevent, or in retaliation for, any help-seeking behaviour or use of safety options by a person;

(e) ways in which social, cultural or economic factors have affected any help-seeking behaviour undertaken by a person, or the safety options realistically available to the person, in response to domestic violence;

(f) ways in which domestic violence by an intimate partner or family member towards a person, or the lack of safety options, was exacerbated by inequities experienced by the person, including, for example, inequities associated with race, poverty, gender identity or expression, sex characteristics, disability or age;

(g) the general nature and dynamics of relationships affected by domestic violence, including the possible consequences of separation from a person who commits domestic violence;

(h) the psychological effect of domestic violence on people who are or have been in a relationship affected by domestic violence;

(i) social or economic factors that affect people who are or have been in a relationship affected by domestic violence.

(2) This section does not limit the Domestic and Family Violence Protection Act 2012 , section 8 (3) .