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.
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
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
(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
Step 5: Identify who may apply for the domestic violence order?
s 14 DFVPA
• 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
• 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
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