domestic violence in australia is more wide-spread than is commonly perceived
Several studies suggest that domestic violence in Australia is more wide-spread than is commonly perceived. Historically, statistics on domestic violence in Australia were calculated based on report of the incidents. It is now thought that only a small proportion of Domestic Violence in Australia is actually reported.
It is a further misconception that there is little the Court or the Law can do to protect victims of Australian Domestic Violence. Certainly, here in Sydney, that is simply not the case. An entire chapter of the Crimes Act 1900 (NSW) is designed to protect people who fear domestic violence and abuse. These people do not have to have been victims of actual violence, only victims of acts causing them to fear for their personal safety. The New South Wales Crimes Act provides that protection by providing powers to the Local Courts, enabling them to make Apprehended Violence Orders, or AVOs as they are commonly known, to protect people in need.
Apprehended Violence Orders (AVOs) are divided up into two categories:
In Australia, Domestic Violence Orders (DVO) are designed to protect people who live in a domestic relationship with the alleged perpetrator and Personal Violence Orders (PVO) are for all other categories of victims.
There is a range of orders commonly made by the Court in relation to Apprehended Violence Order proceedings. Those common orders are as follows:
The orders below must be made in any circumstance where the court is making an AVO
The defendant must not assault, molest, harass, threaten or otherwise interfere with the protected person(s);
The defendant must not reside at the premises at which the protected person(s) may from time to time reside or work, or other premises:(Home/premises);
An application for divorce is required to be completed, sworn by the applicant before a divorce lawyer or justice of the peace and filed with the correct filing fee paid. Some applicants may qualify for a waiver of the filing fee.
The orders below are discretionary orders.
The defendant must not enter the premises at which the protected person(s) may from time to time reside or work, or other specified premises:(Home/work/premises);
- The defendant must not go within of the premises at which the protected person(s) may from time to time reside or work, or other specified premises:(Home/work/premises);
- The defendant must not approach, contact or telephone the protected peron(s) except as agreed in writing or for the purpose permitted by an order or directions under the Family Law Act 1975, as to counseling, conciliation, or mediation. The defendant must not approach, contact or telephone the protected person(s) except for the purpose of arranging or exercising access to children as agreed in writing or as otherwise authorized by an order, or a registered parenting plan under the Family Law Act 1975;
- The defendant must not contact the protected person(s) by any means (including through a third person) except through the defendant's legal representative;
The defendant must surrender all firearms and related licenses to Police;
The defendant must not approach the school or other premises at which the protected person(s) may from time to time attend for the purposes f education or child care or other specified premises:(school/child care/other);
The defendant must not approach the protected person(s) within twelve (12) hours of consuming intoxicating liquor or drugs;
The defendant must not destroy or deliberately damage or interfere with the property of the protected person(s);
That the court extend the operation of the orders to include the following person(s) with whom the protected person has a domestic relationship;
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Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.