DOMESTIC VIOLENCE OFFENCES

Domestic violence includes a range of behaviour which are dominating, controlling or cause a person to fear for their wellbeing safety or that of someone else. A common misconception is that domestic violence is always physical violence. This could not be further from the truth.  

In order for behaviour to be classed as ‘domestic violence’ the Court must be satisfied that you were in a relevant relationship with the person complaining of the behaviour. Some examples of behaviour that is considered to be domestic violence include:-

  1. Physical or sexual abuse;

  2. Emotional or psychological abuse;

  3. Economic abuse;

  4. Coercive behaviour; and

  5. Threatening behaviour.

If domestic violence has occurred, an Application for a Protection Order may be filed by a person seeking protection or by an authorised person under the legislation, such as a Police Officer on behalf of a person. The person classed as being in need of protection, is known as the Aggrieved and the person that the application is against, is known as the Respondent.

If a Protection Order is made by a Magistrate, the Order will require the Respondent to be of good behaviour towards the Aggrieved and not commit acts of domestic violence against the Aggrieved or a named child/associate on the Order. The Protection Order can also include other conditions such as no contact, prohibitions on attending the Aggrieved’s residence or workplace and not locating the Aggrieved.

A Protection Order is a civil matter. However, if you breach an Order, you will be charged with a criminal offence.