Quick questions on Domestic violence and apprehended violence orders: HSC Legal Studies

The Family Law Act 1975 (Cth) Part VII Division 11 deals with family violence in parenting matters. Section 4AB defines family violence broadly to include emotional, psychological and economic abuse. Section 60CC (post-2024) prioritises the safety of the child. Section 60CG requires consideration of existing family violence orders.

The principal NSW statute. Defines "domestic violence offence" in s 11 and creates the framework for apprehended violence orders (AVOs).

Section 16 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). Granted where a court is satisfied on the balance of probabilities that the person in need of protection has reasonable grounds to fear, and in fact fears, a domestic violence offence. ADVOs are civil orders; breach is a criminal offence under s 14 (maximum penalty 2 years imprisonment).

Section 19. For non-domestic relationships.

The Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW) inserted a new offence into the Crimes Act 1900 (NSW) as s 54D. The offence criminalises a course of conduct against a current or former intimate partner that consists of abusive behaviour (defined in s 54F) where the accused intends to coerce or control the other person, the behaviour would cause a reasonable person to fear violence or to suffer serious harm, and the accused is reckless as to whether their behaviour would have that effect. Maximum penalty: 7 years imprisonment.

ADVOs are widely used and are a quick civil-law remedy. The 2022 coercive control offence acknowledges patterns of behaviour that previously fell between criminal offences. Specialist domestic violence court lists exist in some NSW Local Courts.

Under-reporting remains high; police charging practices vary; refuge capacity is limited. The 2023 NSW Domestic Violence Death Review Team report identified systemic gaps in inter-agency information sharing. Aboriginal and Torres Strait Islander women are over-represented as victims and under-served by mainstream services.