Domestic Violence

Question 1

What is a Domestic Violence offence as per S11 of the Crimes (Domestic and Personal Violence) Act?

Answer 1

A personal violence offence committed against another person whom they have a domestic relationship.

Question 2

What is the meaning of a personal violence act as per S4 of the Crimes (Domestic and Personal Violence) Act?

Answer 2

A) a violent offence under the Crimes Act
B) an offence and S13 (Stalk/Intim) or S14 (Contravene AVO) under the Crimes (Domestic and Personal Violence) Act
C) an attempt of A) or B)

Question 3

What section defines a Domestic Relationship in the Crimes (Domestic and Personal Violence) Act?

Answer 3

Section 5

Question 4

What section defines a “relative” under the Crimes (Domestic and Personal Violence) Act?

Answer 4

Section 6

Question 5

What section of the Criminal Procedure Act defines how a Domestic Violence Victim can give evidence?

Answer 5

Part 4B

Question 6

What are the options for a Domestic Violence Victim to give evidence in the court room under 289F of the Criminal Procedure Act?

Answer 6

1) may give evidence whole or partly in the form of a recorded statement.
2) can be in the form of questions and answers
3) must contain victim’s age, statement of truth, any other matter required by the rules
4) must be translated to English
5) victim must be available for cross examination either in person or by other means (AVL)

Question 7

When must children be included in an order under S38 of the Crimes (Domestic and Personal Violence) Act?

Answer 7

2) If an AVO is made for the protection a person above the age of 18 years of age, it must include any child whom the person has a domestic relationship with.
3) not required if there are good reasons for doing so. Magistrate must state reasons.

Question 8

What must court consider when making an AVO under S17 of the Crimes (Domestic and Personal Violence) Act?

Answer 8

1) safety and protection of victim and any child who is directly or indirectly affected by conduct of defendant.
2) residence, hardship, accomodation, any other relevant matter.

Question 9

What is the requirements for making orders in the absence of the defendant under S57A of Crimes (Domestic and Personal Violence) Act?

Answer 9

2) (a) each party had reasonable notice
(b) in the interest of justice to do so
3) grounds of application

Question 10

What does the Withdrawal Policy state about withdrawing AVOs?

Answer 10

Undertakings are not to be accepted in lieu of an apprehended violence order.