Ghosted by the Law: When Police Don’t Investigate Domestic Violence
Domestic violence is a pervasive issue in New South Wales, with thousands of incidents reported annually. According to the guardian, in 2023, 26% of cases before NSW local courts were related to domestic violence, a significant increase from 20% in 2019.
However, not all victims receive the protection they need. A 2023 review by ABC found that the Law Enforcement Conduct Commission (LECC) found that NSW Police failed to properly investigate domestic and family violence incidents in numerous cases.
When Police Fail to Act
The LECC’s report highlighted systemic issues within the NSW Police Force, including failures to seize firearms, record statements, and seek protection orders. In one case, a victim reported repeated threats from her partner, but police failed to take any action. The lack of response left her vulnerable and without legal protection.
Taking Matters into Your Own Hands: Private AVO Applications
If police fail to act, victims can apply for an Apprehended Violence Order (AVO) themselves. A private AVO application involves contacting your nearest Local Court registry and presenting your case. While this process empowers victims, it also places the burden of legal proceedings on them, which can be daunting without legal assistance.
The Importance of Legal Support
Navigating the legal system can be challenging, especially for those already dealing with the trauma of domestic violence. Our team provides resources and support for individuals seeking AVOs. Additionally, organisations like the Women’s Domestic Violence Court Advocacy Service (WDVCAS) offer assistance throughout the Court process.
Holding Police Accountable
Victims who feel that police have failed to act can lodge complaints with the Law Enforcement Conduct Commission (LECC). The LECC investigates misconduct and works to ensure that police responses to domestic violence are appropriate and effective.
Conclusion
While domestic violence remains a significant issue in NSW, victims have avenues to seek protection and hold authorities accountable. By understanding your rights and the resources available, you can take steps to ensure your safety and well-being.
If you or someone you know is experiencing domestic violence, support is available. Contact 1800 RESPECT (1800 737 732) for confidential advice and assistance.
If you believe you require an AVO for your protection and the police are not helping you, contact our Sydney criminal lawyers today on 1800 CRIM LAW.
