the importance of domestic violence orders in protecting the victims of domestic violence
Domestic Violence in Australia is considered by most studies to be more widely spread than it is reported. Even though reports of these incidents are low, study suggest that most Domestic Violence are not reported by the offended party.
Crimes Act 1900 (NSW) covers the protection of the people who fear domestic violence and abuse. It extends its protection by giving the powers to the Local Court to issue Apprehended Violence Orders (AVO) to those people who need them for protection.
There are two types of AVO, Domestic Violence Orders (DVO) and Personal Violence Orders (PVO).
- Domestic Violence Orders (DVO) are issued to protect those people in a domestic home. In most cases, it is issued in favour of a spouse who is being abused and violated by the other spouse.
- Personal Violence Orders (PVO) covers those other victims of violence and abuse.
Whenever the Court issues a Apprehended Violence Order, it should state that the Defendant must not assault, molest, harass, threaten or otherwise interfere with the protected person(s); and it should also state that 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.
The Court must make sure that the Defendant understand these orders and that he will comply with the same since the personal safety and protection of the person(s) applying for an AVO is relying on the Court to ensure their safety.
Discretionary Orders on the other hand may be included in the Order of the Court but it is not mandatory and it depends solely on the decision of the Magistrate after considering all the circumstances present in the case. It may include the time whether the Defendant is allowed to enter the premises of their home and direct communications with the protected person(s).
The court may issue an order directing both parties that their communications should be made only through their counsel. The court may also issue an order that will direct the Defendant to surrender all of his firearms and related licenses.
These Orders are at the full discretion of the Court and it may be issued or not issued depending on the circumstances of the case and both parties.
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.