DOMESTIC VIOLENCE

What is Domestic Violence?

Domestic violence occurs when an ordinary argument or disagreement between family
members or partners is replaced by violence, threats, physical abuse or harm.

Most victims of Domestic violence are women although a small number of men suffer this type of violence.
Domestic violence occurs when the stronger person uses his or her power to abuse and control the other person.
Domestic violence can involve physical, emotional abuse or harassment.
People from all sorts of backgrounds are violent to their partners. The problem of Domestic violence is not confined to any particular social or ethnic group.


DON’T WAIT !

Don’t wait to get help. The situation will usually get worse. Domestic violence rarely stops by itself. Your partner may be quite sincere when they promise it will never happen again.

Unfortunately most people who are violent towards their partners find they cannot keep the promise without the help of professional assistance to end the violence.

POLICE

The Domestic Violence Act gives the police powers to enter and search the house or any other premises where they suspect Domestic violence is occurring or has occurred. They can take away any weapon which has been used to injure or threaten. They can stay on the premises as long as is necessary for them to make sure of your safety.

TAKE ACTION !

If you have been attacked or are afraid you will be, you should get help straight away.
Contact the police or ask someone else to call them for you. They have a duty to investigate complaints of domestic violence and to help protect you from further violence and abuse.

Leave the house if you think you will be safer.
Take the children and go to a neighbour or friend’s house or the police station, or ring your state branch of Crisis Care.

Police may lay criminal charges against your violent partner if it is clear to them that you have been assaulted.

If the police suspect that your partner is likely to be violent to you again after they leave, they can take them away and hold them at the watch-house for up to four (4) hours, while they take action to apply for a protection order.

PROTECTION ORDERS

What is a Protection Order?
A protection order is a court order designed to prevent further violence and abuse.
It puts limits on the violent person’s behaviour to protect the victim.
It does not give your partner a criminal record unless he breaks the order.

Who can apply?
You can apply for a protection order.
Someone else, for example a friend or welfare worker, con apply for one on your behalf, with your consent.
A police officer can apply on your behalf if he or she believes it is required.
You do not need a lawyer in order to apply for a protection order although you may feel more confident about going to court if you are legally represented.

How do you apply?
You apply for the protection order by going to your local Magistrates Court and completing a special form
A date for the hearing will be made, at which time the Magistrate will hear evidence from both parties, and will make a decision about whether or not an order will be granted.

Protection orders can contain a wide range of conditions.
The Court may order your partner:
To stop committing domestic violence which would include not assaulting, threatening or harassing you;
Not to come near your home;
Not to come near the place where you work;
Not to have firearms.


THE DOMESTIC VIOLENCE (FAMILY PROTECTION) ACT 1989

The Domestic Violence (Family Protection) Act 1989 is an important law to help protect you from further violence and abuse. It is aimed at preventing violence and abusive behaviour between married partners or defactos whether the couple is living together or apart.

You do not have to be separated from your partner to apply for, or be granted a protection order.
The protection order is designed to prevent violence and abuse, not to break up marriages or relationships.


Domestic Violence is a Crime
It can happen to anyone . . . young or old!