Tag Archive: domestic violence

  1. Falsely Accused of Domestic Violence

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    Worried you will be falsely accused of committing Domestic Violence? Here’s how to protect yourself

    Whilst there is an unfortunately increasing number of Domestic Violence allegations being reported in our community, there are instances where a person may attempt to weaponise a false or exaggerated report in order to exercise power, influence and control over their partner.

    To protect yourself from false allegations, it is critical to ensure that everything you do is actually authorised by law. Your actions then break down into three clear categories:

    • Behaviour that is clearly legal – For example, the right to peacefully be on a property where your name is on the title deed, or the right to use a car which is registered in your name and has habitually been your personal mode of transport;
    • Behaviour that is clearly illegal – For example, withdrawing money from a bank account using a forged signature, or threatening assault or property damage to get your way; and
    • The ‘Grey Area’ where the behaviour might be legal or might be illegal – This area requires a Judge decide whether or not the behaviour is or isn’t illegal.

    Since the definition of Domestic Violence is so broad, and importantly includes actions which the victim considers to constitute harassment or intimidation, it is only the first category of behaviour that is absolutely safe from any Domestic Violence Order (‘DVO’). The second category is one where the behaviour is clearly unauthorised by law and so it is highly likely that a DVO would be granted.

    However, the third category is the most contentious and perhaps the most important. As the issue requires a Judge to first decide on the matter, taking the law into your own hands and assuming that a Court would ultimately approve your position could still be considered an act of Domestic Violence and expose you to risk of a DVO.

    Importantly, even in circumstances where the behaviour is legal, it is nonetheless illegal to conduct yourself in a way that uses harassment or intimidation to enforce what may nonetheless be a clear legal right. Accordingly, we encourage anyone who is unsure about their legal rights and obligations to seek comprehensive legal advice about their situation.

    Michael Zande is a Queensland Law Society Accredited Family Law Specialist with over 30 years’ experience in the field. He is the principal at Zande Law Solicitors, Suite 9, Norwinn Centre, 15 Discovery Drive, North Lakes.  To contact Michael for advice, phone 3385 0999.

    The information in this article is merely a guide and is not a full explanation of the law.  This firm cannot take responsibility for any action readers take based on this information.  When making decisions that could affect your legal rights, please contact us for professional advice.

  2. The February 2020 Senate Inquiry into Domestic Violence – Part 2

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    The February 2020 Senate Inquiry into Domestic Violence

    Did it fail?

    PART 2

    Well, let’s look at some of the recent statistics:

    • The overall number of deaths has fluctuated but shown no sustained decrease;
    • There’s been less physical violence since the 90’s but an increase in sexual assaults; and
    • In Queensland, we’ve had a double-digit increase in various domestic violence applications.

    If the numbers show an increase in applications, is this a failure? Or have we merely been successful in pulling back the rug from an issue much greater than anyone originally thought? One report stressed that a number of factors contributed to this such as increased confidence in victims, improved court accessibility and changing police practices.

    The government’s focus has been on changing cultural attitudes and early prevention which is much more difficult to measure. In 2017, a national inquiry revealed a mixed result in the scorecard of society’s views – we’re more aware that family violence goes beyond just physical encounters and we’re also more willing to intervene when seeing someone verbally abusing their partner. However, the report also said Australia was going ‘backwards’ in some areas such as understanding that men are more likely to perpetrate family violence.

    What standard then do we use in measuring success in our efforts? We simply don’t know and there are too many variables to definitively answer the question at this point in history. As an example: since our population and volume of applications for protection has climbed but our number of deaths hasn’t, this is at least shows some measurable improvement in the total percentage of families who suffer from the ultimate tragedy – even if the problem hasn’t been eradicated entirely.

    Our latest inquiry suggested a ‘wait and see’ approach in examining whether our existing efforts will have lasting success before Australia looks at a new National Plan. This cautious answer was deemed insufficient and a new inquiry into family, domestic and sexual violence has already been proposed to be answered by a different committee.

    However, if the issue is rooted in evolving societal attitudes, is this new inquiry fated to come to the same conclusion as the last one?

    It takes time to change a culture but if the latest statistics are anything to go by, we’re making some progress. Let’s hope the inquiry finds where we can improve so we can Stop it at the Start.

    Joshua Noble is a Solicitor at Zande Law Solicitors, Suite 7, Norwinn Centre, 15 Discovery Drive, North Lakes.  To contact Joshua for advice, phone 3385 0999.

    The information in this article is merely a guide and is not a full explanation of the law.  This firm cannot take responsibility for any action readers take based on this information.  When making decisions that could affect your legal rights, please contact us for professional advice.

     

     

  3. The February 2020 Senate Inquiry into Domestic Violence – Part 1

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    The February 2020 Senate Inquiry into Domestic Violence.

    Did it fail?

    PART 1

    Following the horrific murder of Hannah Clarke and her three children in February this year, our Federal Senate referred an inquiry to the Legal and Constitutional Affairs committee to report on and grade the efficiency of our current strategies in combating domestic and family violence, where improvements could be made and how effective we have been as a country in meeting our targets.

    The result? After three months, the report was handed in early and, in a “somewhat unprecedented” move, the committee failed to hold a single hearing or seek any submissions from public bodies. Ultimately, the committee noted the comprehensive work done in the previous inquiries and felt that another lengthy and wide-ranging one at the present time would be of limited benefit and divert attention and resources away from front-line services.

    In a scathing rebuke, South Australia’s Senator Rex Patrick tore shreds through the inaction of the committee to advise on whether our current measures are being implemented effectively. At face value, it might be easy to agree with Mr Patrick that the February 2020 inquiry was a colossal waste of time and taxpayer money. But before we all condemn this committee and label all the Government initiatives as ineffective, it is important to look at both the statistics and see what work was already underway before the February 2020 Senate inquiry was commissioned.

    While these stories rarely make the front page, in 2010 Australia adopted a National Plan with the goal of a significant and sustained reduction in violence against women and their children. Since 2015, we’ve already looked into how effective our measures have been on multiple occasions and one as recently as June last year.

    Although each State has separate legislation for domestic violence (and the criminal act of breaching protective orders), there have been significant improvements championed nationwide. In recent years we’ve seen court orders now being recognised across state lines, the establishment of a Minister for Women Cabinet position, greater cooperation between police agencies, the creation of a specialised Family Violence Court and record levels of federal funding towards tackling family violence. The public and private availability of emergency assistance for victims looking to escape violent situations are also undoubtedly excellent initiatives.

    Overall, the focus on early prevention programs such as Queensland’s ‘Stop it at the Start’ ad campaign and positive relationships being taught in our schools as part of the curriculum have been assessed to be having a positive effect though it is still early days.

    However, the obvious questions remain – how do we measure progress in this area? Can we be confident the current government-led initiatives have any chance of success? In part two of this series we will tackle these questions and more.

    Joshua Noble is a Solicitor at Zande Law Solicitors, Suite 7, Norwinn Centre, 15 Discovery Drive, North Lakes.  To contact Joshua for advice, phone 3385 0999.

    The information in this article is merely a guide and is not a full explanation of the law.  This firm cannot take responsibility for any action readers take based on this information.  When making decisions that could affect your legal rights, please contact us for professional advice.