Visit Our
Family Law Site
Click Here
Getting to Know Domestic Violence Offences: A Complete Overview
The Crimes (Personal and Domestic Violence) Act 2007 defines domestic violence offences as acts of personal violence committed by one person against another person with whom they have or had a domestic relationship. A “domestic relationship” covers: – Family members, including kids, however of cohabitation – Current and former spouses, partners, and significant others – […]
Getting to Know Domestic Violence Offences: A Complete Overview
The Crimes (Personal and Domestic Violence) Act 2007 defines domestic violence offences as acts of personal violence committed by one person against another person with whom they have or had a domestic relationship.
A “domestic relationship” covers:
– Family members, including kids, however of cohabitation
– Current and former spouses, partners, and significant others
– The new partner of an ex-partner
– According to their cultural Indigenous kinship system, individuals of Aboriginal or Torres Strait Islander descent belong to extended family or kin.
Operating Through A Domestic Violence Offence
Facing domestic violence charges, whether as a victim or the accused, presents an immensely challenging and emotional journey. The complexities of these situations can overwhelm, as they often touch upon deeply personal aspects of one’s life. Remember, support and guidance exist to aid in navigating through this challenging period.
Typical Domestic Violence Offences
Some common offences involving domestic violence are:
- Common Assault
- Assault Causing Actual Physical Injury
- Reckless Injuries
- Stalk and Intimidate
- Destroy property
- Make Harassment or Menace Using Carriage Service
The same maximum penalties apply to offences related to domestic violence as to offences unrelated to it. Two key differences exist, though.
Get Ahead with Expert Legal Guidance
Trust Aylward Game Solicitors to Navigate Your Legal Challenges
Apprehended Domestic Violence Orders
Firstly, when authorities charge a person with a domestic violence-related offence, they will also serve them with an Apprehended Domestic Violence Order (ADVO). However, a person may sometimes receive an ADVO without facing criminal charges.
In cases of domestic violence, a court or registrar has the authority to issue an apprehended domestic violence order (ADVO) upon application (ss 16, 91(1), 23(1)). The purpose of this order is to protect an individual from anticipated or reasonably suspected domestic violence. The Act labels the individual seeking or receiving protection as the “protected person.” In contrast, the individual against whom the order is issued is termed the “defendant.”
An interim ADVO may also be granted by the court if deemed necessary or appropriate (s 22(1)). This interim order (s 22(2)) carries the same weight as a final ADVO.
Section 15 permits one or more individuals to apply for an ADVO against another person with whom they have had a current or previous domestic relationship. Under s 5 of the Act, “domestic relationship” is broad, encompassing various relationships such as marriage, de facto partnerships, intimate relationships, current or former cohabitants, relatives (s 6), and more.
Only the individual seeking protection or an intervening police officer can apply for an ADVO as per s 48(2). While the Act outlines specific grounds for issuing an ADVO (ss 16-17), courts retain discretion to assess if circumstances warrant such an order.
Additionally, the Act mandates courts to issue a final ADVO when a defendant pleads guilty to a domestic violence offence, stalking, or intimidation (s 39). Similar directives apply to interim court orders under s 40.
General Deterrence
The court takes matters involving Domestic Violence exceptionally seriously due to their prevalence in society. These offences often happen within the privacy of one’s home, making them hard to detect and prevent.
As a result, magistrates heavily consider “general deterrence” when sentencing domestic violence cases. This means that sentences are not only meant to address the offence but also to send a powerful statement to the community that domestic violence is a serious matter that the court handles seriously.
‘DOMESTIC RELATIONSHIP’
In the eyes of the law, being married to someone automatically places you in a ‘domestic relationship’. This classification extends beyond marital status to encompass past and present de-facto relationships, intimate personal connections, and shared living arrangements as housemates.
Moreover, the law also defines a ‘domestic relationship’ as a familial bond between individuals or if there has been any form of dependency on that person, whether through paid or unpaid caregiving.
It’s crucial to note that the definition of a ‘domestic relationship’ is expansive and includes anyone with such a relationship with the same individual. For instance, this covers scenarios like your ex-partner’s new partner or your partner’s ex-partner.
Get Ahead with Expert Legal Guidance
Trust Aylward Game Solicitors to Navigate Your Legal Challenges
Consider These Essential Steps
If you find yourself involved in a domestic violence case, taking immediate and careful action is crucial. Victims should prioritise seeking safety and reporting the incident to the authorities. Those accused must respect any legal orders, such as restraining orders, and avoid any contact interpreted as intimidating or coercive. Seeking legal advice as soon as possible is imperative in both scenarios.
Range of Domestic Violence Charges in Australia
Domestic violence charges in Australia exhibit considerable diversity, spanning from minor incidents leading to apprehended violence orders (AVOs) to more serious offences involving physical harm or threats. Charges can also involve stalking, intimidation, and violation of domestic violence orders. Penalties for these offences vary, ranging from fines and mandatory counselling to imprisonment, contingent upon the severity of the case. It is imperative to grasp the specifics of your charge to devise an effective legal strategy. Our adept legal team addresses various facets of domestic violence law, guaranteeing you receive thorough legal assistance tailored to your circumstances.
DOMESTIC VIOLENCE CONVICTIONS
In 2015, the Queensland Parliament enacted laws enabling courts to document domestic violence convictions. Previously, an individual’s criminal record did not specify if an offence occurred in domestic circumstances. This becomes especially significant if the individual is convicted of a non-domestic violence offence, such as assault. Suppose the offender is convicted of breaching a domestic violence order and has a previous domestic violence offence within the last five years. In that case, they will face a harsher penalty.
Seek Professional Help
Our Brisbane-based law firm specializes in domestic violence cases, providing legal assistance to both victims and those accused. We recognize the sensitive nature of these cases and offer empathetic, confidential, and efficient legal representation. Our experienced team is committed to navigating you through the legal process, safeguarding your rights, and amplifying your voice. Contact us for a confidential consultation, and let us support you during this challenging period.
Get Ahead with Expert Legal Guidance
Trust Aylward Game Solicitors to Navigate Your Legal Challenges
FAQs:
Can relationships involving the same sex observe domestic violence?
Yes, domestic violence can happen in any close relationship, regardless of the partners’ gender or sexual preference.
Does failing to report domestic violence have legal consequences?
Laws concerning mandatory reporting of domestic violence differ across jurisdictions. Nonetheless, failure to report can perpetuate harm and may carry ethical implications.
Was this article helpful?
YesNo
SHARE THIS