Domestic and Family Violence in NSW | Go To Court Lawyers
In NSW these protection orders are called apprehended violence orders (AVOs). Download . The Act defines the meaning of domestic relationship broadly. Meaning of "domestic relationship" 5A. Object of Act in relation to personal violence PART 3 - DOMESTIC . Protection from liability where local DVO varied or revoked outside NSW Division 6 - Provisions consequent on. An Apprehended Domestic Violence Order applies when the applicant has or has had a domestic relationship with the defendant. The definition of 'domestic.
It is then up to the courts to define domestic violence in NSW.
NSW ~ Apprehended Violence Orders
Domestic and family violence is a serious crime that can take my forms, including physical, sexual, psychological, and emotional abuse.
It includes behaviour that is threatening, controlling, dominating, intimidating, and stalking. Section 7 of the Act states that intimidation of a person means the following conduct: Conduct that amounts to harassment or molestation of another person; Approaching someone by any means including any technological devices, such as mobile phone that causes a person to fear for their safety; and Any conduct that causes a reasonable apprehension of injury to a person or damage to their property.
It is not necessary for the person to have actually feared physical or mental harm. A person who stalks another with the intention of causing the other person to fear physical or mental harm is a guilty of an offence when they have a domestic relationship. What is stalking while in a domestic relationship? Section 7 states that, for the purposes of the Crimes Domestic and Personal Violence Actstalking includes the following: Watching a person or following them; and Frequenting their location.
The same maximum penalty for engaging in intimidating conduct applies to stalking.
What constitutes a domestic relationship? A domestic relationship is defined under section 5 of the Crimes Domestic and Personal Violence Act A domestic relationship includes people who are, or have been married or in a de facto relationship. The definition also includes people who have, or have previously had, an intimate relationship.
This is regardless of whether or not the relationship is sexual in nature. Police can also apply for a provisional order whereas a private applicant cannot. A provisional order can be made immediately and at any time. A court date will be given once the application is filed. There are several possible outcomes: If the defendant is present but unrepresented the Court may adjourn the matter to allow the defendant to get legal advice; The matter could also be referred to mediation, although generally this is not appropriate when the police have applied for an Apprehended Violence Order on behalf of the person in need of protection; The defendant may also give undertakings in lieu of order if this is acceptable to the applicant.
Although again, generally this is not appropriate when the police have applied for an Apprehended Violence Order on behalf of the person in need of protection; The defendant may consent to the order being made.
Apprehended Domestic Violence Order (New South Wales)
The defendant does not need to admit to the conduct alleged in the application to consent to an order being made; the applicant can withdraw the application; or The defendant may indicate that the application is being disputed. If the application is being disputed a hearing date will be set. An Interim Order can be made at the first court appearance.
The court may also make directions for the applicant to supply written statements to the defendant.