Spousal Terror: One of the more difficult cases in a relationship is domestic violence. Experts believe there are more cases of domestic violence that are unreported than those reported cases. The either is ashamed or is fearful of the physical pain of retaliation once discovered.
Sometimes, however, a victim of Domestic Violence Lawyer Kirra does not know the severity of the violence to report it, or is clueless regarding the situation.
Domestic Violence
Domestic Violence is defined in the Domestic and Family Violence Protection Act 2012 as:
“…behavior by a person towards another person with whom the first person is in a relevant relationship that is physically, sexually, emotionally, psychologically or economically abusive, threatening, coercive or in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else.”
The many actions and behavior considered as domestic violence is often required by courts when you cannot agree on all terms of the divorce and can be extremely helpful when attempting to negotiate on your own.
Behavior
There are so many actions that are considered as domestic violence. All of these are listed according to the law. Here are some pertinent ones that usually are used by the respondent.
- Injuring (or threatening to injure) you (e.g. punching, strangling, pushing, slapping,grabbing your throat, pulling your hair, or twisting your arms);
- damaging (or threatening to damage) your property (e.g. punching holes in the walls or breaking plates);
- stalking you, following you, or remaining outside your house or place of work,
holding you against your will;
- forcing you to engage in sexual activities without your consent;
- getting someone else to injure, intimidate, harass or threaten you, or damage your property;
- threatening to commit suicide or self-harm to scare you
- threatening you with the death or harm of another person
- preventing you from making or maintaining connections with your family, friends or culture, including cultural or spiritual ceremonies or practices.
Broader Definition
The definition of ‘domestic violence’ is much broader than just physical violence. By law, domestic violence encompasses any act of gender-based violence that occurs within a relationship, either with a family member or an intimate partner.
This includes actual or threatened physical, emotional or economical abuse, damage to property, intimidation or harassment, and indecent acts.
Domestic Violence Protection Order (DVO)
A court can make a domestic violence order against a person (the respondent) for the benefit of another person (the aggrieved).
There are two separate orders a court can make:a) Protection orders, andb) Temporary protection orders – this can be made in the interim period before a court decides whether to make a protection order
Domestic Violence Lawyer
Domestic violence happens all over the world regardless of culture, religion, age, and socio-economic factors. This violence goes from physical abuse, damage to property, emotional and economic abuse, verbal abuse and threats and coercive behaviors.
If you are a victim, you need a domestic violence lawyer.
Your lawyer can help by attesting that you and the other party are in a relationship, that the respondent has committed violence against you and that you need the order to protect you from further violent acts.
Understanding DVO
A DVO is issued by the courts to protect you from further inflictions of violent acts. (Threats which are very harmful are also included as a violent act.) Your lawyer will have you understand how the order (DVO) works and the things that can guarantee to protect you.
One pertinent provision in the order is stopping the accused or the respondent to approach you at home or at your work place.
Included here is the respondent’s decision in staying home or approaching your relatives and friends (if they are included in the order) to and to refrain from going to your child’s school or daycare center.
Coverage
Your lawyer is the expert and would know if you are the aggrieved party and that your respondent is the accused as defined in the Domestic and Family Act (2012). This coverage of the DVO is broad and your lawyer will expound to you on the extent of the law and its details.
His expertise on domestic violence is not limited to simple violent acts. The police, on the other hand, can also bring it out. You can also bring it out yourself if you feel that you are the victim of domestic violence.
The Police
The police play a paramount role in protection orders as they are often the first to respond to incidences of domestic and family violence.
Under the Domestic and Family Violence Protection Act 2012, the police have the power to issue a protection notice when attending a DV incident and they reasonably believe that domestic violence occurred.
The police protection notice is taken to be an application for a protection order, to be determined in the Magistrates Court at a later date.
Police may also impose the following ‘cool down’ conditions if they believe it is necessary and desirable to do so. Police also have the power to apply to the court for a protection order or a variation of an existing protection order.
Without Notice
Sometimes, the court can make a domestic violence order even though the respondent is not notified about the application for a domestic violence order.
This is still considered in force even if the respondent does not appear in court, if the court is satisfied that there was a relevant relationship between the aggrieved and the respondent, the respondent has committed domestic violence against the aggrieved, and that a protection order is necessary or desirable to protect the aggrieved from further family violence.
Help
The reported cases of domestic violence in Australia are extremely alarming and this has a devastating effect on individuals, families and the community.
If you are a victim of any form of domestic violence in Brisbane or the Gold Coast, it’s important to know that a specialist domestic violence lawyer in can help you get your life back on track.
