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Domestic Violence

Domestic violence or family violence is when one person behaves in a way that controls or dominates another person. It often causes fear for the victims' safety and wellbeing. It is a pattern of abusive and controlling and aggressive behaviour and can take many forms including both physical abuse and emotional abuse. 

What Forms of Violence Constitutes Domestic Violence?

  • physical or sexual abuse (eg. any act or threat of aggression towards another including a pet)
  • emotional or psychological abuse (eg. stalking, controlling contacts, appearance, name calling)
  • economic abuse or financial abuse (eg. withholding or controlling finances or threatening to do so)
  • threatening behaviour  (eg. making someone feel afraid or threatening to commit self-harm)
  • coercive behaviour (eg. forcing someone to do something they wouldn’t normally do)
  • intimate partner violence (eg. typically physical or sexual abuse, but also stalking and psychological aggression by an intimate partner)

Even though violence against women is more common than violence against men, anyone can experience domestic abuse and abusive relationships. It happens across communities, ages, cultures and sexes. If you are experiencing domestic abuse or violence it is not your fault. It is the abuser who is responsible. Domestic violence is a crime and the abuser is breaking the law.

Domestic violence can occur in:

  • an intimate relationship
  • a family relationship
  • an informal care relationship
  • domestic violence extends to children witnessing physical violence either to a relative, another person, a pet, or things being broken

David will help you in:

  • applying for a Protection Order (Domestic Violence Order more commonly called a DVO)
  • defending an Application for a Protection Order
  • varying the terms of an existing Protection Order

Domestic Violence Order (DVO)

A domestic violence order is a court order made under the Domestic and Family Violence Protection Act 2012 imposing conditions on the person committing the acts of domestic violence, in order to protect the aggrieved person (victims of violence) from future violence in an abusive relationship.

A domestic violence order can be either Temporary or Final.

Temporary protection order

Domestic violence victims may need to be protected by an interim temporary protection order while an application for a final protection order is awaiting determination by the Court.

A temporary protection order is a short term order imposing conditions on the person committing the acts of domestic violence. It is usually put in place to protect the aggrieved person from further acts of violence, pending final decision is made by the Court and can be made on an urgent basis. It can also be made in the absence of the respondent.

Other conditions may also be imposed in the temporary protection order (i.e. requiring the respondent to remain a certain distance from any person named on the order or their respective workplaces/educational facilities and/or restraining them from contacting any person named on the order).

Final Protection Order

A final protection order lasts up to two (2) years, requiring that the respondent not commit a further act of violent behaviour against, and be of good behaviour towards, any person named in the order.

Other conditions may also be imposed in the protection order (i.e. requiring the respondent to remain a certain distance from any person named on the order or their respective workplaces/educational facilities and/or restraining them from contacting any person named on the order).

The respondent can either agree or oppose the application for a protection order. If the respondent disagrees, directions for the filing of material will be made and another court date will be set down for a final hearing of the matter.

 

Domestic Violence Lawyer

You should always seek legal advice before deciding whether you want to agree or disagree with a Domestic Violence Order (DVO). Do this before asking for a hearing date.

Once a Domestic Violence Order is made, it may affect licences and other cards you hold. These might include weapons' and security licences.

Contact David Cole for any domestic violence matters on 0407 322 955.

Have you been charged?

To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David.

Use the contact form or call now on 0407 322 955. (Available 24/7)

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Domestic Violence in Australia

How common is domestic violence in Australia?

According to a report by the Australian Institute of Health and Welfare 1 in 4 women and 1 in 6 men have experienced emotional abuse by a current or previous partner since the age of 15. 1 in 6 women and 1 in 16 men have experienced physical or sexual violence by a current or previous partner since the age of 15.

Is domestic violence increasing in Australia?

This is a difficult question to answer as there are a number of sub-classifications of crimes which contribute to rates of domestic violence. This means that whilst there might be a decrease in assaults attributed to domestic violence there might also be an increase in homicides attributed to domestic violence. These figures also vary State to State. The Australian Bureau of Statistic has released domestic violence data for 2018 which demonstrates the complexity of reporting domestic violence trends.

Domestic Violence during the COVID-19 Pandemic

The Australian Institute of Criminology surveyed 15,000 Australian women about their experiences of family violence during the initial stages of the COVID-19 pandemic in 2020. Sadly, the results showed a link between the pandemic (and measures implemented to limit its spread) and an onset or escalation of abuse and violent behaviour in the Australian home.

The study showed that 1 in 20 women (4.6%) experienced physical or sexual violence over the course of three months (March to May) and 5.8 percent experienced coercive control during the same period. One in 10 (11.6%) experienced at least one form of emotionally abusive, harassing or controlling behaviour by a current or former partner they lived with. For women who had previous experiences with family violence of any kind, 50% said the pandemic had cause an increase in abusive behaviours in their partner.

The catalysts of increased family violence are complex, but figures show a connection between the increased time spent at home, social isolation and financial uncertainty associated with COVID-19 and the higher numbers of cases.

Other Resources:

The Australian Institute of Health and Welfare: Family, domestic and sexual violence in Australia: continuing the national story 2019

If you are experiencing domestic violence, there is help available. St Vincent de Paul Society Queensland have four refuges located around Queensland for use by women and their children who are unable to stay at home because of domestic or family violence.