The Domestic Violence Act 1995

Philosophical shift

The introduction of the Domestic Violence Act 1995 represents a philosophical shift in the way the justice system perceives and addresses domestic violence.

Definitions under the Act

A broad definition of domestic violence includes:

• physical abuse
• sexual abuse, and
• psychological abuse.

Psychological abuse is defined as including:

• intimidation
• harassment
• threats and
• (in relation to a child) causing or allowing a child to witness (see or hear) the physical, sexual or psychological abuse of another person.

The Act has a broad definition of a domestic relationship.

Objective

The Act's primary objective is to reduce and prevent domestic violence and provide greater protection to victims by:

• recognising that domestic violence is unacceptable behaviour
• ensuring legal protection for victims
• empowering the Court to make protection orders
• providing appropriate programmes for victims
• requiring respondents to attend DVA approved stopping violence programmes, and
• providing more effective sanctions and enforcement where protection orders are breached.

The Domestic Violence Act 1995 puts primary emphasis on the protection of those subject to a protection order.

The Act includes the provision of programmes aimed at achieving sustainable change in the lives of those affected by domestic violence.

Breach of Protection Order

A breach of a protection order under the Domestic Violence Act 1995, which will be a criminal prosecution, carries a maximum penalty of six months imprisonment or a $5,000 fine or both. A breach is described as:

"If without reasonable excuse, the respondent

(a) contravenes the order; or

(b) fails to comply with any conditions of the order; or

(c) fails to comply with a direction to attend a programme."

In the case of certain repeat offences, the maximum penalty increases to two years imprisonment.

The Act also allows for the Police to arrest the respondent if there is good reason to suspect that a breach of the protection order has been committed. No warrant is required and bail would not be available during the 24 hours immediately following the arrest.