International Women’s Day
International Women’s Day yesterday has brought attention and awareness to respects for women’s rights and gender equality. Despite this, domestic violence continues to thrive, with Australian men murdering their female partners at the rate of one a week. Awareness towards domestic violence laws and access to the right legal protections can help prevent the rate at which this occurs.
Forms of Recognised Domestic Violence
Domestic and family violence is a crime defined in the Crimes (Domestic and Personal Violence) Act 2007. It involves an abuse of power, and can extend beyond physical violence, often involving the exploitation of power imbalances and subtle patterns of abuse.
It can take the form of physical abuse such as punching, hitting, kicking and pushing. It can also involve stalking, unwanted sexual acts, breaking Apprehended Domestic Violence Orders (ADVO) or making threats. Recognising the many forms of domestic abuse is vital to ensuring the necessary help is sought.
Lawful Means of Policing Domestic Violence
Domestic violence related legislation allows courts to include a domestic violence protection order, a condition excluding the person against whom the order is made from a residence shared with the victim. Reporting a domestic abuse situation to the police can help retrieve an ADVO on behalf of victims and children that happen to live or spend time with them.
Police can also investigate breaches of ADVOs, and if an ADVO has been breached, the police have power to arrest and lay criminal charges.
Legislation such as the Family Law Act 1975 (Cth) and Family Violence Act 2011 deals with issues regarding protection of partners in marriages, de facto relationships, divorce and separation. It also highlights the maintenance and care of children who fall victim to the consequences of domestic violence. Consult a family lawyer for professional legal advice.
If you would like to learn more about this issue, or would like to discuss a legal matter, please do not hesitate to call us on 8917 8700.