What is domestic violence? Does it have to be physical?
Domestic violence can be defined as a pattern of behaviour in any relationship that is used to gain or maintain power and control over an intimate partner. Abuse is physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person.
Domestic Violence can include and is not limited to any of the following:
- Injuries suffered by you or threats to harm you;
- Damage to your property or threats to damage your property;
- Intimidation or harassment such as stalking behaviour or repeated and excessive phone calls or text messages;
- Indecent behaviour towards you without your consent;
- Emotional or psychological abuse;
- Economical abuse;
- Threatening or coercive behaviour towards you; and
- Any other conduct that aims to control or dominate you causing you to fear for your safety or wellbeing or that of someone else.
It is important to note that an act of violence does not need to be personally committed; a person only has to threaten to commit it.
What if domestic violence has occurred during the marriage?
If there is evidence of domestic violence within the marriage, parties will go straight to Court and avoid dispute resolution processes. Domestic violence is when one person in the relationship, participates in violent or threatening behaviour that causes a family member to feel controlled or fearful. This may include physical or sexual abuse, emotional or psychological abuse, economic abuse, deprivation of liberty, stalking or other circumstances. If you have experienced any form of domestic violence, an Application for a Protection Order can be made at any Magistrates Court.
My partner is abusive and/or violent towards me, what can I do?
If the matter is urgent, contact the police for immediate assistance. Alternatively you may contact our office to arrange an appointment with our experienced Solicitor to discuss your legal options.
My partner has filed a Domestic Violence Order (DVO) against me; does this mean I now have a criminal record?
No. If however, an Order is granted against you, and you breach the terms of the Order, criminal proceedings may be commenced against you and you may be convicted of a criminal offence.
If I am served with a Domestic Violence Application and do not attend Court, will an Order be made in my absence?
Yes. The Court is able to make an Order even in circumstances where you are not notified about the Application or do not appear in Court.
How long a DVO last?
A Domestic Violence Order takes effect on the date it is made and will be in place for the term of the Order, which may vary depending on the circumstances. Generally, the Order will be in place for one or two years but can be made for longer depending on the circumstances. Please make an appointment for more specific advice.
