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DOMESTIC AND FAMILY VIOLENCE
What is domestic and family violence ?Domestic violence is NOT JUST physical abuse. It also means emotional abuse. Behaviour that is insulting, humiliating, intimidating, harassment or denigrating to the other party is domestic violence. Domestic violence includes sexual abuse. Abuse may also be financial, for example withholding money for school needs or food. Damaging a person’s property, sentimental possessions or pets is also considered domestic violence. Both men, women and children can be subject to domestic violence. Domestic violence can occur in a defacto or a married relationships, even after that relationship has ended. It can also includes one person in a domestic relationship asking or getting someone else to injure, intimidate, harass or threaten the other person, or damage the other person’s property. The Domestic Violence Act also includes an unpaid carer, a member of your immediate family, the parent of your child, even if you have never lived together, your spouse, de facto or long term boy/girlfriend, even if you are under the age of 18 years. What can you do ?If a person needs protection urgently they should contact the police who may be able to apply to the court for an urgent temporary protection order. If the person is lodging the application themselves, they can ask the Clerk of the Court for an immediate hearing so that an urgent temporary protection order may be made. In other instances, contact your local domestic violence support service or the Police, Legal Aid or Community Legal Centre (CLC) for assistance. Support services will assist you in formulating a safety plan and if necessary finding you a place in a refuge until it is safe to return home or until you find other accommodation. They can also assist with counselling services. YFS - Ph: 38261500 Domestic Violence Protection Orders can be taken out by yourself or the police and can name other persons who may be subjected to the violence (eg. your children, extended family). The Order will be served by the Police and does not have to be served by you. However, either you or your legal representative will be required to appear in Court and you should enquire about security and court support if you need to. The Order may state that the person is not to go near you, your place of residence or work, not to contact you by any means and in some cases to leave the family home. A Domestic Violence Protection Order will usually last for two years unless it is amended or revoked by the application of either the applicant (which would be the police if they sought the Order) or the respondent. The Order may allow for any contact with children if there are Family Court orders in place. Where an order is made to prevent the parties having contact with each other, an order can be made so as to allow contact for the purposes of mediation conferencing to take place. What if the order is breached ?If the other person breaches the domestic violence order you are able to ring the police for immediate assistance. Whilst a Domestic Violence Protection Order is a civil matter, breaching a domestic violence order is a criminal offence and may result in serious penalties, including a maximum of two years imprisonment.
For more information contact:YFS Options (for men and women) 3826 1500 YFS DV Information WAVSS 3808 5566 |