Domestic violence doesn’t always leave a bruise. Under Queensland law, it can include sexual, emotional, psychological and economic abuse, as well as threatening, coercive or controlling behaviour within a relevant relationship.
Recognising the different types of domestic violence can help clarify how certain conduct may lead to a protection order, criminal charges, or both.
Key takeaways
- Domestic violence can be physical or non-physical.
- Sexual violence can occur between current or former intimate partners.
- Conduct amounting to sexual assault may also constitute domestic violence under Queensland law.
- A Domestic Violence Order (DVO) and criminal sexual offence proceedings can operate separately at the same time.
- In Queensland, the usual term is DVO. An ADVO is the terminology used in New South Wales, although interstate domestic violence orders are recognised in Queensland.
What are the different types of domestic violence?
There is no single type of violence that defines domestic abuse. Queensland Government guidance identifies several forms, including:
- Physical abuse: Hitting, kicking, choking, pushing, restraining or deliberately causing injury.
- Emotional or psychological abuse: Threats, humiliation, intimidation, constant criticism or behaviour intended to cause fear.
- Economic abuse: Controlling money, restricting access to accounts, preventing someone from working or creating financial dependence.
- Social abuse: Isolating someone from friends, family, employment or other support networks.
- Technology-based abuse: Monitoring communications, tracking someone’s movements or using digital platforms to intimidate or control them.
- Sexual violence: Unwanted sexual activity, sexual assault, rape, sexual degradation or reproductive coercion.
Queensland law also recognises coercive behaviour. Since May 26, 2025, coercive control has been a criminal offence in the state in specified domestic relationships.
Domestic violence and sexual assault in Queensland
Section 8 of the Domestic and Family Violence Protection Act expressly includes behaviour that is sexually abusive, including coercing or attempting to coerce a person into sexual activity.
Being married to, dating or living with another person does not create automatic consent to sexual activity. The state criminal code explicitly says consent is a free and voluntary agreement, may be withdrawn at any time and cannot simply be inferred because someone did not physically or verbally resist.
What is sexual violence?
Sexual violence is a broad term covering coerced or non-consensual sexual conduct. Depending on the circumstances, conduct may amount to offences like rape or sexual assault under Queensland’s Criminal Code. Rape carries a maximum penalty of life imprisonment, while sexual assault offences are dealt with separately under section 352.
The distinction between being sexually abused vs sexually assaulted is therefore partly one of terminology. Sexual abuse is a broader description that can cover a range of behaviours, while sexual assault is a specific criminal offence under Queensland law. The correct legal characterisation depends on exactly what is alleged to have occurred.
For example, imagine one partner repeatedly pressures the other into sexual activity after they’ve said no, using threats or intimidation to obtain compliance.
- In a domestic relationship, that behaviour may fall within the definition of domestic violence because it is sexually abusive and coercive.
- Depending on what occurred, it may also result in separate criminal allegations such as sexual assault or rape.
- The domestic violence and criminal law issues can therefore arise from the same alleged conduct, but they’re dealt with through different legal processes.
Legal support for different types of domestic violence
Domestic violence allegations involving sexual offences can become legally complex very quickly. A DVO may restrict contact, attendance at particular places or other conduct while a criminal matter is still being investigated or prosecuted.
Smith Cambridge assists clients facing domestic violence and criminal allegations like sexual assault across Brisbane, the Gold Coast and South East Queensland. Our lawyers can explain the proceedings, the conditions you must follow and the options available for responding to the allegations while treating a highly personal situation with the discretion and respect it demands. Reach out to us today for a confidential consultation.
Disclaimer: This article provides general information only and does not constitute legal advice. Domestic violence and criminal law matters can involve complex facts, evidentiary issues and legal obligations that differ from case to case. The law may also change over time. You should obtain advice from a qualified lawyer about your individual circumstances before taking or refraining from any legal action. Reading this article or contacting Smith Cambridge does not, by itself, create a solicitor-client relationship.
