Well talk about what DV is...
Heres my notes on domestic violence
Domestic Violence:
Domestic violence occurs when a family member, partner, or ex-partner attempts to physically or psychologically dominate or harm the other.
•Domestic violence encompasses a range of behaviours including:
•Intimidation, harassment, emotional abuse, financial abuse, stalking, social isolation, physical assaults and sexual assault.
•Domestic violence is a major cause of problems in family relationships. In the past domestic violence has largely been ignored by the law as so many cases went unreported. However, due to improved legal responses to domestic violence, the problem is slowly being addressed.
Apprehended Violence Orders [AVO’s]:
An Apprehended Violence order (AVO) is a court order that aims to protect a person by restricting or prohibiting another person from doing specified things. AVOs are based on the protected person’s fear of experiencing unwanted conduct from the defendant in the future-conduct such as physical violence, intimidation, stalking, harassment or threats.
Two categories of AVOs:
1) Apprehended Domestic Violence Order (ADVO)
2) Apprehended Personal Violence Order (APVO)
1. ADVOS:
An ADVO is made when the protected person is or has been in a domestic relationship with the defendant. This includes “where the protected person are or have been married, in a de facto relationship, living together in the same household or are related” as defined by the Crimes Act
2. APVOS:
An APVO is made when the protected person and defendant are not in a relationship with the other- for example neighbours, or people who work together, or strangers.
History of domestic violence law since 1975:
The law gave little recognition to the problem of domestic violence 1975. As domestic violence is a crime, there is a growing issue as to whether the Family Court and family law should deal with domestic violence. At present there are time delays and increased costs in courts due to cross vesting (E.g. where a single case must be held in separate courts due to the limits imposed on the Family Courts jurisdiction).
The Family Law Act 1975 (Cth) established the Family Court which was the first real attempt to address the issue of domestic violence in relation to family law. The court had limited power to grand injunctions. The problem of domestic violence became increasingly difficult for the law to deal with as many cases went unreported, and of those that were reported, many were not adequately investigated.
The 1980’s saw some significant changes in the laws covering domestic violence. Police were given increased powers to investigate reported cases of domestic violence. In 1981 the Crimes Act 1900 was amended in NSW which made sexual assault in marriage a crime and in 1982 the law made Apprehended Domestic Violence orders (ADVO) available to try to prevent the occurrence of domestic violence. The law continued to reform by extending the use of ADVO’s and the range or issues that they could cover.
By the 1990s it was compulsory for police to investigate all reported cases of domestic violence. The Crimes Act was further reformed in an attempt to try and improve the enforcement of ADVO’s so more cases of domestic violence would be reported. Police were also able to access interim ADVO orders over the telephone in severe cases. In 1995 the Family Law Reform Act gave the Family Court limited jurisdiction over the consideration of ADVO’s when making decisions in relation to orders. The problem with this was the fact that state and federal laws would begin to conflict, so the extent of jurisdiction available to the Family Court was limited.
Law reform in the area of domestic violence is continually under review, however the success of past law reform is difficult to judge due to the fact that so many domestic violence cases go unreported. The law now requires doctors, teachers or carers of children to report suspected cases of domestic violence to police.
The Legal Response to violence by and against children:
CROC
Children and Young Person’s Care and Protection Act 1998 (NSW),
-The Crimes Act protects children against violence
The legal response to domestic violence between spouses:
-The Crimes Sexual Assault Amendment Act 1981 (NSW) protects rape in marraige
case: R V. D J Johns, that “a measure of rougher than usual handling” to persuade a wife to have sex is unacceptable
Talk about that stuff and how effective/ineffective it is
Good luck and hope that helped
