Domestic Violence Orders and the Criminal Law

201605.20
0

Domestic Violence Orders and the Criminal Law

If you have any concerns regarding an application for a Family Violence Intervention Order or Family Violence Safety Notice or you are alleged to have committed breaches of such notice or order then call Slades and Parsons Solicitors and speak to one of our experienced criminal lawyers. If you have been given a date to attend court it is important to seek early advice and prepare your case.

What is Family Violence?

The Act provides for a broad definition including:

  • Physical or abusive behavior,
  • Emotional or psychological abuse,
  • Economically abusive behavior,
  • Threatening behavior,
  • Coercive or
  • Behavior that in any way controls or dominates a family member behavior that causes a child to hear or witness or be exposed to the effects of that behavior.

Police are empowered to:

  • Direct a person to remain at a place or to go and remain at place or to remain in the company of a police officer
  • A failure to comply with a reasonable direction gives police the power to apprehend and detain.
  • A Family Violence Safety Notice may be applied for by police who respond to an incident under certain circumstances
  • Police may arrest a person who contravenes a family safety violence order or who breaches a family violence intervention order.
  • Police have standing to initiate applications irrespective of the wishes of the protected persons named in an application.

Criminal Offences apply for breaches

Summary offences for breaches of family violence, safety orders and contravention of family violence intervention orders.

Indictable offences for contravention of family violence safety notices intending to cause harm or fear for safety or for persistent contravention of notices or orders or for contravention of orders intending to cause harm of fear for safety.