Western Australian Current Acts Western Australian Current Acts (1) For the purposes
of sections 39 to 39G, evidence of family violence, in relation to a person,
includes (but is not limited to) evidence of any of the following —
(a) the
history of the relationship between the person and a family member, including
violence by the family member towards the person, or by the person towards the
family member, or by the family member of the person in relation to any other
family member;
(b) the
cumulative effect of family violence, including the psychological effect, on
the person or a family member affected by that violence;
(c)
social, cultural or economic factors that impact on the person or a family
member who has been affected by family violence;
(d)
responses by family, community or agencies to family violence, including
further violence that may be used by a family member to prevent, or in
retaliation to, any help-seeking behaviour or use of safety options by the
person;
(e) ways
in which social, cultural, economic or personal factors have affected any
help-seeking behaviour undertaken by the person, or the safety options
realistically available to the person, in response to family violence;
(f) ways
in which violence by the family member towards the person, or the lack of
safety options, were exacerbated by inequities experienced by the person,
including inequities associated with (but not limited to) race, poverty,
gender, disability or age;
(g) the
general nature and dynamics of relationships affected by family violence,
including the possible consequences of separation from a person who commits
family violence;
(h) the
psychological effect of family violence on people who are or have been in a
relationship affected by family violence;
(i)
social or economic factors that impact on people who are
or have been in a relationship affected by family violence.
(2) Subsection (1)
does not limit the operation of the Restraining Orders Act 1997 section 5A(2).
[Section 38 inserted: No. 30 of 2020 s. 94.]