Domestic violence is defined as behaviour 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 court has the power to make orders to protect victims of domestic violence. These orders prohibit or compel a respondent from or to comply with certain conduct. For example, having no contact with the aggrieved or attending their place of residence. The making of a domestic violence protection order is simply a civil process, not criminal. However, breaching the order will attract criminal sanctions, including terms of imprisonment.
In 2016 and 2017, the issue of domestic violence received an enormous amount of media publicity. As a result, amendments to domestic violence law and offences were made to increase the level of protection to and safety of the victim.
For example, the conduct that is captured by the definition of ‘domestic violence’ has expanded. Therefore, the circumstances have been broadened in which a protection order can be made.
E & H Law are able to represent either the aggrieved (the person who is seeking the protection of an order) or the respondent (the person against whom an order is being sought) in cases involving domestic violence offences. Should you receive an application for a Domestic Violence Protection Order, it is important that you contact us immediately.
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