important things to consider in reporting a domestic violence
While domestic violence is not rampant in the family home in Australia, still the law affords strict measure to provide protection for all the family members.There is no predominant reason for domestic violence however a lot of them are unrecorded as the last survey will indicate.
In reported cases, there are a lot of cases of domestic violence that are being brought to the Police by the family members “for record purposes” without thinking of its consequences. However, the law treats this matter seriously and it does not tolerate such cases lightly.
Upon reporting an incident of domestic violence to the Police, the latter is obliged by law to make swift action in addressing the said report. As such, they are duty bound to take all legal measures to protect the victim and to file charges to the perpetrator as the case may warrant.
Apprehended Violence Order (AVO) is issued by the Court in cases of domestic violence. It is a good measure to stop and prevent the continuance of the domestic violence in order to protect the members of the family. AVO is only issued if the people involved are related to each other, living under one roof, in an intimate relationship or previously engaged in these relationships.
The Law Enforcers will be required to file an application for an Apprehended Violence Order before the Court in order to protect the victim from possible future violence against the alleged perpetrator. Law Enforcers are directed to always be on the side of caution in dealing with domestic violence. This means that the application is usually filed to the local Court even if the Police doubt the reliability of the allegation.
In addition to the application for an Apprehended Violence Order, the Police may also file an assault charge against the alleged offender. The victim cannot decide on whether an assault charge can be filed or not since this is a purely a police matter.
The law enforcers will conduct the necessary investigation and determine on whether or not the assault can be filed. The said task is in conjunction with their role to prosecute those persons who would intentionally and voluntarily breach the law. The Police, as a courtesy to the victim, will inform them on the course of action that they will take.
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.