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Week 8 - Domestic Violence

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Queensland University of Technology

Domestic Violence Step 1: Identify Parties It appears that X is a victim of domestic violence. Step 2: Identify the act as an act of domestic violence Element 1: Domestic violence acts: s 11(1) DFVPA • Wilful injury; • Wilful damage to the other person’s property; • Intimidation or harassment of the other person; • Indecent behaviour to the other person without consent; and • A threat to commit an act above Step 3: Identify the type of relationship Element 2: Types of domestic relationship (a) spousal relationship; (b) intimate personal relationship; (c) family relationship; and (d) informal care relationship. 3A(1) DFVPA Category 1: Is it a spousal relationship? s 12(1) DFVPA • Exists between spouses • Married male and female • Biological parents irrespective of whether they have resided together or been married • Same or opposite sex couple that reside/d together • Includes former spouses and de facto relationships Category 2: Is an intimate personal relationship? s 12A DFVPA • 2 persons are/were engaged to be married • 2 persons date/d and their lives are/were enmeshed that the actions of 1 affect/ed the actions or life of the other (shared bank account/planning trip/living together etc) • Does not need to be a sexual relationship • Same or opposite sex relationship • Court will consider trust, commitment, length of relationship, frequency of contact, level of intimacy Category 3: Is it a family relationship? s 12B DFVPA 2 relatives (broad definition includes extended family) Relative = someone who is/was connected by blood or marriage Examples = spouse, child (including an individual over 18 years old), stepchild, parent, step-parent, sibling, grandparent, aunt, nephew, cousin, half-brother, mother-in-law or aunt-in-law Category 4: Is it an informal care relationship? s 12C DFVPA Person is/was dependent on a carer who helps the person in a personal care activity: Examples: dressing or other personal grooming, preparing meals or helping the person with eating meals, shopping, telephoning a specialist to make a medical appointment for the person Personal care activity must be required because of a disability, illness or impairment. Does not include a relationship in which the personal care activity is/was provided under an arrangement with someone other than the carer, whether or not a fee is/was paid for the care: Example: A nurse who visits daily to help with bathing and physiotherapy is not an informal care relationship if the nurse visits under an arrangement between the person and a community based in-home care entity Examples of domestic violence acts and domestic relationships: (a) Monica willfully injures her defacto’s dog; - Domestic Violence; willful damage to the persons property, injuring a dog is an example given in the act. (b) Dorian follows his estranged spouse, Elliott, in the Queen Street mall on foot; Domestic Violence, personal relationship, an example on intimidation or harassment. (c) Billy Jean sits outside her cousin’s place of work; Domestic Violence; Family relationship, intimidation or harassment. (d) Alex repeatedly telephones her ex-boyfriend, Evan, at home and at work; Domestic Violence; Intimate personal relationship, intimidation or harassment. (e) Rocco regularly tells his mother that he will not look after her unless she signs over her fortnightly pension cheque; Domestic violence; Family relationship, intimidation or harassment. (f) Thorne threatens to destroy his half-brother’s fashion designer award; Domestic violence; Family relationship, threat to do willful damage. Step 4: Def. a domestic violence order? There are two categories of domestic violence orders 1. protection order or; 2. a temporary protection order: s 3 DFVPA • Temporary protection order will be granted for a short period until a court decides whether or not to grant a protection order: s 13(3) DFVPA • Act of domestic violence is necessary before particular temporary protection orders are made: s39A DFVPA. Step 5: Identify who may apply for the domestic violence order? s 14 DFVPA • Aggrieved • Police officer who has investigated under s 67 and has the reasonable beliefs mentioned in 67(2) • Authorised person • Adult authorised in writing by the aggrieved • Adult whom the court believes is authorised by the aggrieved even though not in writing eg. Persons unable to sign authorities due to a disability Step 6: Identify who the domestic violence order will protect. s 15 DFVPA • Aggrieved • Relative or associate Associate = person whom an aggrieved regards as an associate or a person who regards him/her self as an associate of the aggrieved. (WIDE DEFINITION). Step 7: Will the court make an order for domestic violence? s 20 DFVPA A court may make a domestic violence if it is satisfied that: 1. The person has committed a domestic violence act; 2. domestic relationship; and The person- 1. is likely to commit a domestic violence act again; or 2. if the domestic violence act was a threat – is likely to carry out the threat Step 8: Identify relatives and associates of the aggrieved that can be protected? s 21 DFVPA If the person has committed or is likely to commit a domestic viol
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