NSW Shows Support For Suffering Victims

DV

NSW Shows Support For Suffering Victims

As winter season approaches, family members are staying indoors and keeping warm. Given the COVID-19 pandemic, almost all Australian families are keeping indoors. In the words of the Prime Minster, “stay home”.

As Australians, we are obliged by Scott Morrison’s advice to stay home. However, another issue has crept behind our locked doors and into the comfort of our homes. Domestic violence.

According to ABC News, the NSW and federal governments have realised that a nation lock-down can cause an increase in domestic violence. In an attempt to combat this violence, the government has invested 21 million dollars into domestic violence services.

It can be said that this money has been well spent with 9 million dollars going directly to assist safe refuges for women, pop-up safe houses, and to establish behavioural programs. When we sit back and think about this, we have family that are in isolation and as a result, ordinary family members reach a boiling point. As such, behavioural programs will directly assist these perpetrators rejuvenate and rebuild those essential behavioural skills.

If you are ever stuck in a situation where you feel your safety is threatened or at jeopardy. Alternatively, if you require any assistance, contact services such as woman crisis line and relationships Australia.

HOW SERIOUS IS IT?

In simple terms, domestic violence is always serious. It scars all members of the family as well as the wider community. The Australian has stated that Legal aid has reported a 25% increase in usage of its domestic violence legal assistance line.

Feel free to click here for a helpful guide on how to deal with domestic violence.

While domestic violence is an ongoing issue in New South Wales, it is important that the community is equipped with the statistics of domestic violence offences.

According to the Judicial Information Research Statistics (‘JIRS’), 1,947/3,984 of offenders who were found guilty of stalk and intimidate pursuant to section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (‘the Act’ hereafter) were dealt with by way of a community corrections order.

WHAT IS THE MEANING OF A DOMESTIC VIOLENCE OFFENCE?

Before you can be charged with a domestic violence offence, it must fall within the definition of section 11 of the Act which states the following:

(1)  In this Act, domestic violence offence means an offence committed by a person against another person with whom the person who commits the offence has (or has had) a domestic relationship, being—

(a)  a personal violence offence, or

(b)  an offence (other than a personal violence offence) that arises from substantially the same circumstances as those from which a personal violence offence has arisen, or

(c)  an offence (other than a personal violence offence) the commission of which is intended to coerce or control the person against whom it is committed or to cause that person to be intimidated or fearful (or both)”.

WHAT IS A DOMESTIC RELATIONSHIP?

In addition, if you have been charged with a domestic violence offence, the person you have allegedly harmed must fall into the category of section 5 of The Act. Please click here for further information on what constitutes a domestic relationship.

In the majority of cases, a domestic relationship includes, but is not limited to one of the following:

  • Is or has been married to the person;
  • Has been in a de-facto relationship with that person;
  • Has had an intimate personal relationship with that person; or
  • Is living or has lived in the same household as that person.

IS A DOMESTIC VIOLENCE OFFENCE DIFFERENT FROM AN APPREHENDED DOMESTIC VIOLENCE ORDER?

The simple answer is yes. It is important to understand the difference.

A domestic violence offence is a charge against you that has to be dealt with by the Courts. It is a criminal charge. That means a Court Attendance Notice (CAN) and a facts sheet will be provided to you.

An Apprehended Domestic Violence Order (‘ADVO’) is almost always included when you have been charged with a domestic violence offence. Although rare, you can still be served with an ADVO without being charged with an offence. The main difference is this is a civil order and not a criminal charge. Click here for a quick guide on what ADVO’s are. Give us a call today to discuss your criminal matter.

 

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