Assaults & ADVO’s (domestic violence)

Understanding Domestic Violence Offences and Legal Protections

Domestic Violence offences are dealt with under the Crimes (Domestic and Personal Violence) Act 2007 (‘the act’).

Definition of Domestic Violence Offence

The act defines a domestic violence offence as:

• A personal violence offence;
• An offence that arises from substantially the same circumstances as those from which a personal violence offence has arisen; or
• An offence the commission of which is intended to coerce or control the person against whom it is committed or to cause that person to be intimidated or fearful.

To be classified as a domestic violence offence, one of the above offences must be committed against a person with whom the accused is in a “domestic relationship”.

Criteria for a Domestic Relationship

According to the act, a person has a domestic relationship with another person if the person:

• Is or has been married to the other person;
• Is or has been a de facto partner of that other person;
• Has or has had an intimate personal relationship with the other person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature;
• Is living or has lived in the same household as the other person;
• Is living or has lived as a long-term resident in the same residential facility as the other person and at the same time as the other person (except correctional and detention centres);
• Has or has had a relationship involving their dependence on the ongoing paid or unpaid care of the other person;
• Is or has been a relative of the other person; and
• In the case of Indigenous people, is or has been part of the extended family or kin of the other person according to the Indigenous kinship system of the person’s culture.

   

Apprehended Domestic Violence Orders (ADVOs)

The act also allows the police to apply for an Apprehended Domestic Violence Order (ADVO). An ADVO restrains an individual who is suspected of committing a domestic violence offence, from contacting, approaching, or assaulting the alleged victim (referred to as the PINOP – person in need of protection).

While having an ADVO placed on you is not a criminal offence in and of itself, the breaching of an ADVO is a criminal offence under the act.

Should you require advice related to domestic violence offences or ADVOs, please contact our office on (02) 8379 1892.