Domestic and family violence (DV) is a crime that takes many forms. At present DV charges are at an all-time high and DV has never got so much media and court related attention. Now following a landmark Fair Work Commission decision most people from 1 August 2018 on can take paid family and domestic violence leave from their employment. The amount of leave and pay entitlements will depend on the contract or policy. The full article can be read here
What is family and domestic violence?
Family and domestic violence means violent, threatening or other abusive behaviour by an employee’s family member that:
- seeks to coerce or control the employee; or
- causes them harm or fear.
For more information about domestic violence please visit our dedicated page on Domestic Violence.
Some examples of domestic violence crimes are:
- Physical assault (punching, hitting, kicking, pushing, throwing things at a person)
- Stalking
- Unwanted sex or sexual acts
- Breaking ADVOs – Apprehended Domestic Violence Orders (sometimes called AVOs or restraining orders)
- Making some types of threats
A family member includes:
an employee’s:
- spouse or former spouse
- de facto partner or former de facto partner
- child
- parent
- grandparent
- grandchild
- sibling
- an employee’s current or former spouse or de facto partner’s child, parent, grandparent, grandchild or sibling, or
- a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
Who gets family and domestic violence leave?
All employees (including casual employees) covered by an award with the new clause are entitled to 5 days unpaid family and domestic violence leave. As of 1 August 2018, all industry and occupation awards have the new family and domestic violence leave entitlements. You may wish to read more by clicking here.
Are there any exceptions?
Some awards don’t include the new unpaid family and domestic leave entitlement. These awards are:
- Enterprise awards
- State reference public sector awards
What if your charged with domestic violence offence?
If your charged with domestic or family violence, National Criminal Lawyers can tailor the circumstances of the case to suite your individual needs. For example, if you agree that you have committed the offence and the police are able to prove so than sometimes it is best to plead guilty at an early opportunity to receive the maximum discount including a non-conviction. For more information on how to obtain a non-conviction, visit our dedicated Section 10 page. The early guilty plea shows the Court that you have remorse and contrition for your actions.
Alternatively, we can advise if you have a case wherein plea negotiating could be favourable. On the other hand, If you decide to plead not guilty we can guarantee you get the best Defended Hearing outcome and if convicted best sentence result possible.
Another very unknown and unique option may be to dispute the facts as alleged by way of special disputed facts hearing.
What are disputed facts hearings?
A disputed Fact’s hearing is ideal for DV clients who dispute the facts alleged because there are certain “mistruths” or “relevant things missing” from the Police fact sheet.
Matters that can be considered during a “disputed facts hearing” usually are not “defences at law” but rather they show the court a kind of human behaviour associated with DV which has either not been investigated properly by the police or not fully investigate.
For example:
(a) if there is a background of a toxic relationship not presented or even known of by the authorities we can seek to bring it up
(b) If there is history of provocation OR mistakes as to facts we can bring it up.
(c) If there is a hidden agenda of a complainant (such as family law or other proceedings) we can bring it up.
(d) Any issues regarding claims of right.
(e) Any problems/mistruths regarding consent.
(f) If there was an unknown sudden incident or emergency which can contextualise the crime we can bring it up.
(g) There may also be issues of intoxication, diminished responsibility, coercion (or compulsion), breaches of trust and/or extra curial punishment which the police have not investigated or have overlooked but that we at National Criminal Lawyers can seek to have admitted.
If there are certain “mistruths” or “relevant facts missing” from the Police fact sheet you hold, please contact us for a confidential discussion about your case.
Why National Criminal Lawyers?
There are three reasons to choose National Criminal Lawyers:
- We get the results
We are the experts in either beating or having the charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose Options at Law you will be dealing with experienced staff who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.
- We give a Senior Defence Lawyer guarantee
No matter which option you choose National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.
- National Criminal Lawyers are the best defenders of your rights
At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.
If you have been charged with any Domestic Violence offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes. Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options. hat you have committed the offence and the police are able to prove so than sometimes it is best to plead guilty at an early opportunity to receive the maximum discount. The early guilty plea shows the Court that you have remorse and contrition for your actions.