Domestic Violence Is Now A Growing Pain Due To Covid-19.

CoronaVirus and Domestic Violence

Domestic Violence Is Now A Growing Pain Due To Covid-19.

$150 million has now been injected for counselling services for families caught up in, or at risk of, family violence.  The Government has seen google searches of a high magnitude of searches for domestic violence .  A new national campaign to promote services available to Australians affected by family violence during the Covid-19 outbreak will also be funded.  Click here to read the full story.

WHAT IS DOMESTIC VIOLENCE

The meaning of Domestic Violence offence is found in section 11 of Crimes (Domestic and Personal Violence) Act 2007 (“The Act”).  Accordingly, the act defines domestic violence as:

“  an offence committed by  person against another person with whom the person who commits the offence has (or has had) a domestic relationship”.

A protection order can be made against a person that fears for their safety which is called an ADVO.

WHAT IS AN ADVO?

As mentioned above, an Apprehended Domestic Violence Order (ADVO)  is a protection order that places certain conditions on a defendant which includes but not limited to, preventing the defendant making any contact with the protected person (PINOP).

An Apprehended Violence Order (‘AVO’) can be made against a person who makes you fear for your safety.  The AVO is to protect you from any further violence, intimidation or harassment.  There are two types of AVOs.  An Apprehended Domestic Violence Order (‘ADVO’) is made to protect a person where a domestic relationship exists between parties.  An Apprehended Personal Violence Order (‘APVO’) is made where people were not related and do not have domestic relationship.  The Police can make Provisional AVOs when they are waiting for the matter to be listed in court.

There are usually 11 conditions in an AVO.  Conditions of the AVO can vary and depends on the protection for the protected person.  Conditions may include the following:

  1. The defendant must not assault or threaten, stalk, harass or intimidate, or deliberately destroy or damage any property that belongs to the protected person
  2. The defendant must not reside at the premises a which the protected person(s) may from time to time reside,
  3. 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
  4. The defendant must not go within (a certain distance) of the premises where the protected person may from time to time reside or work, or other specified premises.
  5. The defendant must not approach or contact the protected person(s) by any means whatsoever, except through the defendant’s legal representative or as agreed in writing or permitted by an order or directions under the Family Law Act 1975, for the purpose of counselling, conciliation or mediation.
  6. The defendant must not approach or contact the protected person(s) by any means whatsoever, except through the defendant’s legal representative or as authorised by a parenting order under the Family Law Act 1975 unless the parenting order has been varied, suspended or discharged under s68R of the Family Law Act 1975.
  7. The defendant must not approach or contact the protected person(s) by any means whatsoever, except through the defendant’s legal representative.
  8. The defendant must surrender all firearms and related licences to Police.
  9. 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 of education or child care or other specified premises:
  10. The defendant must not approach the protected person(s) or any such premises or place at which the protected person(s) from time to time reside or work within 12 hours of consuming alcohol in the last 12 hours.
  11. The defendant must not destroy or deliberately damage or interfere with the property of the protected person’s.

WHAT HAPPENS IF I BREACH AN ADVO?

The Police have the power to arrest you and give criminal charges for the breach.  A breach of AVO is when you breach the conditions that are listed in the order.  The offence for contravening a condition in the AVO is set out in Section 14 of the Act.

It is important to know that having an ADVO is not a criminal offence however breach an ADVO is considered a criminal offence.

If you have been charged with breaching or contravening an AVO call our office and speak to one of our criminal law specialists.  National Criminal Lawyers have been successful in defending a number of breaches with AVO.  Our criminal law solicitors will either negotiate with police to request the charge to be withdrawn or have the fact sheets amended; will plead not guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case; plead guilty to the elements of the charge and then dispute the facts at a special “disputed facts” hearing with the view of having you sentenced less harshly or plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

 

 

 

 

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