Domestic violence or family violence is defined as an individual in a close personal relationship, such as a marriage, using abuse of any kind to hold control over another person.
Several types of abuse can contribute to a relationship being considered domestically violent.
Domestic Violence is governed by the Domestic and Family Violence Protection Act 2012.
What the Law Says:
Section 8 of the Domestic and Family Violence Act defines domestic violence as:
Domestic violence means behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that:
- is physically or sexually abusive; or
- is emotionally or psychologically abusive; or
- is economically abusive; or
- is threatening; or
- is coercive; or
- in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else.
Without limiting the above information, domestic violence includes the following behaviour:
- causing personal injury to a person or threatening to do so;
- coercing a person to engage in sexual activity or attempting to do so;
- damaging a person’s property or threatening to do so;
- depriving a person of the person’s liberty or threatening to do so;
- threatening a person with the death or injury of the person, a child of the person, or someone else;
- threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed;
- causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the person;
- unauthorised surveillance of a person;
- unlawfully stalking a person.
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What is Considered a Relevant Relationship?
According to Section 13 of the Domestic Violence and Family Protection Act 2012, a relevant relationship in a domestic abuse situation is:
A relevant relationship is—
- an intimate personal relationship; or
- a family relationship; or
- an informal care relationship.
Domestic Violence Order:
A domestic violence order, or a DVO, is an order made in a court of law against someone who has committed an act of domestic violence. Its purpose is to ensure the safety of an individual in a domestic violence situation by making it illegal for the defendant to behave in certain ways associated with abuse.
A DVO will not appear on a criminal record as it is an order of the civil court.
DVO acts can range in conditions, however, all have the basic condition that the respondent must be on good behaviour and not commit any act of violence against the individual or any other person named on the order.
The Magistrate administering the order may add conditions to it to prevent the respondent from approaching or contacting the aggrieved or any others named in the order.
A DVO can be either a protection order or a temporary protection order. A protection order is made by the court to protect those involved in a domestic violence situation. They generally last for 5 years; however, the Magistrate may decide to shorten or elongate the order for circumstances specific to the case. A temporary protection order is an order for the protection of domestic violence victims in urgent situations. They are similar in nature to protection orders but last for a shorter period.
It is a criminal offence to breach a DVO, so if there is a breach the aggrieved should not hesitate to contact their local police. The respondent may face a three (3) year sentence for a breach on the first occasion and a sentence of up to 5 years if they are found to have breached the order a second time.
Types of Domestic Violence:
There are various types of domestic abuse, including (but not limited to):
Physical Violence: Physical Abuse involves someone committing an act of physical violence against an individual which has the potential to or does result in injury or harm. This form of abuse generally starts gradually and escalates over time, so any form of violence, no matter how rare, is a red flag. Physical abuse can involve various forms of violence including:
- Hitting or kicking
- Pushing
- Choking
- Force-feeding or denying you food
- Dangerous driving
- Throwing objects at you
Verbal Abuse: Verbal abuse is a form of emotional torment that uses words to negatively impact on someone’s mental wellbeing. This can involve forms of degradation, verbal domination, assault, manipulation, and many others. Verbal abuse is generally less recognised as it is more subtle than physical violence so many victims are unaware they are actively being abused.
Financial Abuse: Financial abuse is the act of refraining funds from a victim to control or manipulate them. The abuser may take money or withhold financial information from the victim. This form of abuse is common in physical abuse situations and prevents the victim from leaving the relationship for fear of homelessness or not being able to provide for themselves or their families. Financial abuse can also be hard to recognise, but warning signs include:
- Coercion to leave a job
- Stalking or harassing you at the workplace
- Refusing you access to bank accounts
- Selling property that belongs to you
Sexual Abuse: Sexual abuse occurs when an individual in a relationship is forced or coerced into engaging in unwanted sexual activity. This can be an act to maintain power over a victim. It’s important to remember that abuse is never the fault of the victim, and that help is always available. Sexual abuse is an act of sexual assault and can include:
- Rape
- Unwanted sexual touching
- Forced oral sex
- Sexual activity when unable to consent (e.g., the victim was inebriated or a minor)
- Unwelcome exposure to pornography
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How to Recognise Domestic Violence in your Relationships:
Domestic violence can sometimes be difficult to recognise, so it is important to ensure you are constantly checking with yourself if your relationships are healthy. Ask yourself, does anyone in your life:
- Make you feel unsafe?
- Make you feel uncomfortable?
- Prevent you from socialising with loved ones?
- Coerce you into sexual activities?
- Prevent you from accessing finances?
- Cause you any level of physical harm?
How to recognise Domestic Violence in Others:
Many may experience fears that their loved ones are in domestic violence situations that they are not aware of. If you notice these signs in someone you know, they could potentially be in a domestic abuse situation:
- Constant bruises or soreness
- Constant calls or texts from their partner/other relationship.
- Missing work or social outings often
- Jumpy or on edge often
- Extremely secretive and on guard about relationships
Conclusion:
Domestic Violence is a serious occurrence, so it’s important to check in with yourself and your loved ones to make sure they’re not experiencing it! If you or someone you know are a victim of domestic abuse, there are several sources to help you, so don’t be afraid to reach out.
Be referred to the best family lawyers on the Sunshine Coast for domestic violence matters
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