Domestic Violence
Domestic violence, also known as family violence, comprises any abusive behaviour that is typically used to control someone in a family. This type of behaviour makes someone afraid for their safety and wellbeing, or the safety of another person. If a child witnesses such abusive behaviour, or is exposed to the impacts of the behaviour, they are a victim of violence in their own right.
We have a special interest in domestic violence law and represent both victims of violence and individuals who may be answering allegations of domestic violence or have been named as a defendant in an application for a domestic violence order.
Support for Victims
Physical violence is a widely recognised form of family violence, but it is important to know that there are many other forms of abuse. Family violence can include actual or threatened assault, sexual assault, and stalking. A person can experience family violence if they suffer from intimidation or derogatory remarks, or if someone controls their access to money, isolates them from their friends and family, or deprives them of their cultural connections or freedom.
It can be difficult, even for victims, to recognise abuse when it is happening. The behaviour can be subtle, often concealed under the façade of concern or ‘justified’ anger.
If you are in immediate danger, you should contact the police.
If you are currently safe, but recognise that you have been experiencing family violence, you have the option of applying for a domestic violence order. A domestic violence order is a generic term used for an order made by a Court under a specific law to protect a person from actual or threatened violence. These orders may also be referred to as a family violence order, an apprehended domestic violence order (ADVO), or an apprehended personal violence order (APVO – for protection for someone other than family members).
The order is made against a person (the ‘defendant’) on the application of another person (the ‘applicant’) who has reasonable cause to fear for their safety. The Court may impose limitations or prohibitions on the defendant’s behaviour that are deemed necessary to protect the applicant and their children, if relevant. The order may restrain the defendant from assaulting, harassing, threatening, stalking, or intimidating the other person and from accessing/attending their premises or place of work.
Legal Advice and Representation for Defendants
The issue of a domestic violence order is a civil remedy and accordingly does not constitute a criminal offence. However, breaching an order is a criminal matter which may result in a conviction and serious consequences.
Generally, you have the right to oppose an application for a domestic violence order being made against you and to have the matter adjourned to a later date. Under these circumstances, an interim order may be issued until the trial date. It may be possible to prevent an interim order from being made, depending on the circumstances.
If you intend to oppose the order, you should obtain legal advice and ensure you are available to attend the hearing. If you do not appear at the hearing, then the order will likely be made in your absence.
At the hearing, the applicant must generally show, on the balance of probabilities, that he/she has reasonable grounds to fear (and actually does fear) that personal violence may be commissioned against him/her, or that the defendant may engage in intimidating or stalking behaviour.
If a domestic violence order is made against you, it is imperative that you understand the nature of the orders set out in the document. If you breach an order, you risk a criminal conviction and record, significant fines, and even imprisonment.
For expert legal advice, contact one of our lawyers at [email protected] or call 02 92818111.