A Look at Family Violence and Criminal Law in Australia
Family violence remains one of the most pervasive and destructive issues faced worldwide. Its impact leaves devastating consequences for the victims, families, and communities involved. Family violence can encompass a broad range of behaviours, including physical, emotional, psychological, and financial abuse, as well as threats of violence or actual violence.
In Australia, the prevalence of family violence is alarming. According to the Australian Bureau of Statistics (ABS), approximately 1 in 4 women and 1 in 7 men have experienced some form of abuse by a current or former partner. However, it is important to know that the term “family violence” includes more than just intimate partner violence; it also includes abusive dynamics within familial relationships, such as those between parents and children, instances of elder abuse, and abuse among siblings.
What are the Legal Framework Surrounding Family Violence in Australia?
Australia’s legal framework that addresses family violence involves a network of federal and state legislation that has been designed to protect victims. At a national level, the Family Law Act of 1975 oversees family disputes and the protection of children in the context of family violence. This Act provides the basis for family law proceedings, including child custody and parenting orders, and recognizes the detrimental effects of family violence on children.
What are the State and Territorial Legislation?
While federal law does play a critical role, each state and territory in Australia has its own set of laws designed to deal with family violence. Though state and territory legislation may differ, the core principles are consistent in acknowledging the profound harm inflicted by family violence.
In New South Wales, the Crimes (Domestic and Personal Violence) Act 2007 forms the backbone of legal protection against family violence. This Act addresses offences such as assault, stalking, harassment, and breach of a protection order.
An extremely vital and commonly utilised tool under this Act is the Domestic Violence Order (DVO), which can be separated into two types: Apprehended Domestic Violence Orders (ADVOs) and Interim Orders.
Apprehended Domestic Violence Orders (ADVOs): These orders can be made in a local court for a victim of family violence. ADVOs place restrictions on the perpetrator, prohibiting them from contacting the victim, going near their home or workplace, or engaging in any form of harassment.
Interim Orders: These pertain to situations where there is immediate danger to the victim. Then, the court can issue an interim order, which will provide short-term protection until a full hearing for an ADVO can be conducted.
When family violence results in physical injury, criminal charges under the Crimes Act 1900 (NSW) may be pursued. This includes offences such as grievous bodily harm (GBH), assault occasioning actual bodily harm (ABH), and, in the most severe instances, murder.
Family violence offenders may face fines, imprisonment, or mandatory rehabilitation, with the sentence severity depending on the offence's seriousness and the harm caused to the victim.
Family violence in Australia remains to be a deeply concerning issue that not only affects individuals on a personal and emotional level but also poses significant challenges within the legal system. While legislative measures such as Domestic Violence Orders and criminal penalties for perpetrators provide essential protection, the complexity of navigating these legal systems can often be overwhelming for victims. Seeking assistance from professionals who are committed to guiding clients through the legal intricacies while seeking justice and safety for the victims is crucial for those affected.
Related: Can I Apply for a Partner Visa (Subclass 801) After I Breakup with My Partner?
How Can Agape Henry Crux Assist
While relationship break down can be challenging, it is important for applicants to know their rights and options. Reach out to one of our Accredited Specialist Immigration Lawyers at Agape Henry Crux. The team specialises in handling highly complex matters. To seek professional advice, schedule an appointment with one of our solicitors by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
Client Testimonials
….we call it Support Network
Navigating the immigration law process may be difficult, so our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.
These are their stories…
