Understanding the Scope: What Comes Under a Domestic Violence Case in Australia
What comes under a domestic violence case in Australia?
Domestic violence, also known as family violence in Australia, is a broad term that encompasses a variety of behaviours.
What comes under a domestic violence case varies in different states and territories, but generally, it includes the following elements:
Physical abuse
A grave and distressingly common form of domestic violence is physical abuse. It manifests through actions such as hitting, punching, and kicking.
Additionally, it includes physical attacks aimed at harming the victim. As this abuse is not limited to any particular demographic or social group, it is a widespread problem that requires immediate attention.
Sexual abuse
Any non-consensual sexual activity constitutes sexual abuse in the context of domestic violence. From coerced sexual activity to rape, this can take many forms.
Inflicting deep physical and psychological wounds on victims, is a grievous violation of personal boundaries and human rights.
Emotional or psychological abuse
Belittling or demeaning a person, threatening harm, isolating them from family and friends, or restricting their activities might constitute such behaviour.
Financial abuse
A subtle but insidious form of domestic violence is financial abuse. The abuser controls or restricts a victim's access to financial resources, making the victim financially dependent on him or her.
Victims can be controlled through different methods, such as preventing them from working or denying them control over their money.
Coercive behaviour
A pattern of assault, threats, humiliation, intimidation, or other abusive actions is referred to as coercive behaviour.
In many cases, this pattern establishes dominance and control over the victim, making them feel trapped, powerless, or scared.
Stalking and harassment
It is one of the most prevalent forms of domestic abuse when someone repeatedly contacts or harasses you, causing you distress or fear.
Among the tactics that can be employed are following the person, making excessive phone calls or messages, or intimidating the person.
The goal of this form of abuse is to exert control over a victim and instill fear, which may lead to psychological trauma.
Depending on the medium, stalking and harassment can take place in person, online, and through social media.
Technology-facilitated abuse
This refers to using technology like the internet, social media, or mobile phones to control, threaten, or harass a person. It can also include monitoring a person's online activity or GPS tracking.
Domestic Violence Facts and Statistics In Australia
Here are the latest statistics to find out more about what comes under a domestic violence case.
The Australian Institute of Health and Welfare (AIHW) provides key statistics on domestic and family violence in Australia.
What comes under a domestic violence case? It's a significant issue with wide-ranging impacts. Here's a summary based on that information:
Prevalence: One in 6 Australian women (approximately 1.6 million) and 1 in 16 Australian men (about 500,000) have experienced physical sexual violence from a current or former partner since the age of 15.
Children's Exposure: Approximately 2.2 million Australian adults reported having experienced physical and/or sexual abuse before the age of 15.
Furthermore, about a quarter (25%) of Australians have witnessed violence against their mother by a partner.
Women's Safety: On average, one woman is killed by her current or former partner each week in Australia.
Reporting: Many incidents go unreported, which makes the full scope of the issue hard to measure. When reported, it's often to a friend or family member rather than to the police.
Health Impact: Domestic and family violence is a leading cause of homelessness for women and children.
It also contributes to a range of health issues, including mental health disorders, substance use disorders, injuries, and even death.
At-Risk Groups: Certain groups, including indigenous women, young women, pregnant women, women separating from their partners, women with disabilities, and women experiencing financial hardship, are at a greater risk of domestic violence.
Legal Remedies Against Domestic Violence Cases
A variety of legal measures can deal with what comes under a domestic violence case. State and federal laws can be involved, as well as criminal and civil law.
Always seek local advice since specific laws and procedures may vary by state and territory. The following are some general legal remedies available in Australia:
Domestic Violence Order (DVO) / Apprehended Violence Order (AVO) / Protection Order
What comes under a domestic violence case is a court can make orders restricting the person who is perpetrating violence. These restrictions can include staying away from the victim, not contacting them, and not intimidating or harassing them, among others. The names and specific terms of these orders can vary by state.
Criminal charges
Domestic violence is a crime. What comes under a domestic violence case is the fact that the police can lay charges against the perpetrator if there is sufficient evidence.
The charges could range from assault, sexual assault, harassment, stalking, or even homicide in extreme cases.
Family law orders
In the context of family law, the Family Court or Federal Circuit Court can make orders relating to the care of children, which can limit or prohibit contact between the abusive parent and the children.
Compensation for victims of crime
Some states and territories have schemes that provide financial compensation to victims of crime, including domestic violence.
This can help cover costs like medical expenses, counselling, and loss of earnings.
Restraining Orders
In addition to the aforementioned DVOs and AVOs, courts may also impose restraining orders which prevent the offender from coming near the victim's home, workplace, or other areas where they may be at risk.
Injunctions
The Family Law Act allows the Family Court or Federal Circuit Court to make a range of personal protection injunctions in situations of family violence.
Mandatory Reporting
Certain professionals are mandatory reporters and have to report if they believe a child is being subjected to domestic violence.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
