Domestic violence can happen to anyone and can take many forms including physical, emotional and economic abuse. For those who are experiencing domestic violence there are a number of services available around Australia to help you recognise the signs and respond appropriately.
You have every right to take measures to protect yourself from violence in and around the home. It may be appropriate to seek legal advice from a criminal lawyer with expertise in this area of law to assess your options.
For further information in relation to the prosecution or defence of an allegation of domestic violence, please contact us via the form on this page or by calling us.
What is domestic violence?
The definition of domestic violence now includes an act that:
- is physically or sexually abusive
- is emotionally or psychologically abusive
- is economically abusiveis threatening, or
- is coercive, or in any way controls or dominates another person and causes that person to fear for their safety or wellbeing or that of someone else.
What is emotional abuse or psychological abuse?
Specific examples of emotional abuse or psychological abuse include:
- following a person when the person is out in public
- remaining outside a person’s residence or place of work
- repeatedly contacting a person by telephone, SMS message, email or social networking site without the person’s consent
- repeated derogatory taunts
- threatening to disclose a person’s sexual orientation to the person’s friends or family without the person’s consent
- threatening to withhold a person’s medication
- preventing a person from making or keeping connections with his or her family, friends or culture – including cultural or spiritual ceremonies or practices, or preventing the person from expressing the person’s cultural identity
- threatening to commit suicide or self-harm.
Monitoring or tracking a person’s movements
Many adults have access to video, photographic and audio recording devices such as smartphones. This personal power is addressed under the prohibition on unreasonable monitoring or tracking of a person’s movements, activities or interpersonal associations without the person’s consent.
- reading a person’s SMS messages
- monitoring a person’s email account or browser history
- monitoring a person’s account with a social networking site
- using a GPS device to track the person’s movements, checking the recorded history in a person’s GPS device.
Family violence intervention order?
Family violence intervention orders, commonly known as AVO or IVO, are made against you when there is or was a domestic or personal relationship between you and the person with allegations of violence, threatened violence, stalking or intimidation.
For more information, please click here.