Are you a victim of Domestic Violence or know someone that is?
Hi there, its your local Family Lawyer here Marie Fedorov.
With all the attention that Domestic Violence has been receiving in the media, there are a lot of misconceptions about what exactly is considered Domestic Violence. Many people think that domestic violence is only physical violence however domestic violence covers many types of behaviours.
What is Domestic Violence?
Domestic Violence can include physical or sexual assault, emotional or psychological abuse, economic abuse, or behaviour that is threatening, coercive or in any other way controls or dominates another person and causes that person to fear for their safety or wellbeing.
What can I do if I am suffering from Domestic Violence?
First and foremost, if you are in fear of your life, call the Police. In certain circumstances the Police can apply for a Protection Order on your behalf. If you are not in imminent danger, you can apply for a Protection Order at a Magistrates Court and we can assist you with this process.
If you need assistance to leave your home, there are organisations who are able to assist such as DV Connect, who offers crisis care, counselling and support for both men and women. DV Connect can be contacted on 1800 811 811.
What can a Protection Order cover?
All Orders will require the respondent (the person who commits the domestic violence) to be of good behaviour and not commit an act of domestic violence towards the aggrieved (the victim) however, the Court can impose a wide range of conditions, including:
- No contact
- Not to approach within 100 metres
- Not to locate or attempt to locate
- Not to use the internet to communicate with, publish pictures of or comment about the victim
When considering an application, the Court must consider the issue of whether the Respondent should be removed from the family home. This is called an Ouster Order and means that the Respondent must immediately vacate the home and not return until the Court says they can.
What happens if I breach a Protection Order?
A breach is taken very seriously by the Courts. It is a criminal offence to breach an Order and the Court is able to impose very serious penalties as a result. These penalties can include a fine, good behavious bond, a variation of the existing Orders and in the case of serious breaches a term of imprisonment.
What should I do if I have been served with a Temporary Protection Order?
Read the conditions and ensure that you understand them and do not breach them irrespective of whether you agree with the Order or not.
You should immediately contact a Solicitor who will be able to provide you with details advice about your rights, obligations and how to respond.
If you have been served with a Protection Order or would like assistance applying for a Protection Order, contact Nathan Farr, Solicitor now on 1300 768 719 for a no obligation chat about your rights.