Domestic violence in Chinese culture can be interpreted as "beating is pro, scolding is love", and in Australia it is illegal. Although Chinese culture holds that "don't do what you don't want to do to others", domestic violence can't be explained by culture and can only be translated into law. In Australia, domestic violence is severely sanctioned.
Although the causes of domestic violence vary, the main causes can be attributed to social, family and personal factors. In family life, domestic violence reflects a right-control relationship between the perpetrator and the victim, such as a man who demonstrates his rights by exercising violence against the woman. Of course, the victims of domestic violence are not limited to women, men can also be victims of domestic violence.
Let's talk about this: in Australia, what are the legal weapons that victims can use in the event of domestic violence? What are the legal procedures and consequences?
What does domestic violence include?
Domestic violence mainly includes:
- Physical abuse in the form of (Physical Abuse): includes: beating, bumping, kicking, slapping the face, suffocating the neck and destroying private property;
- Language abuse (Verbal Abuse): insults, stigmatizes, despises, disparages reputation and threatens sexual behaviour;
- (B) Social abuse (Social Abuse): restricts or obstructs contact with family and friends;
- (B) Economic abuse of the (Economic Abuse): to restrict the use of money and commodities, or to have no control over it;
- (B) Mental abuse by (Spiritual Abuse): to prevent religion or to use religion against the victims;
- Sexual abuse (Sexual Abuse): coerced, or forced sexual activity.
The violent injunction Apprehended Violence Order (AVO) was issued by a court of law to protect the victim, setting conditions for the acts of the abusers and restricting their acts. If victims of domestic violence fear further violence or security threats in the future, the AVO can protect them.
There are two types of violent injunctions:
- Prohibition of domestic violence (ADVO)
- Personal violence injunction (APVO)
The former is applicable to the cases where there is a kinship or intimate relationship between the perpetrator and the victim, such as husband and wife, relatives, etc., while the latter refers to the fact that there is no relatives or relatives between the perpetrator and the victim, such as co-workers, neighbors and so on.
How do I apply for a violent injunction?
There are two ways to apply for a violent injunction:
- A violent restraining order is issued directly by the police;
- The victim himself applied to the local court.
Do I need to go to court?
In general, whether it's a police case or a personal case, you'd better appear in court to hear the relevant case information in order to prepare for the next action. Of course, your lawyer will appeal or defend you.
What are the main restrictions on a violent injunction?
The main constraints include:
- Do not harm, harass, threaten, follow or intimidate you;
- Do not enter, stay, or approach the place where you live or work;
- Do not contact you directly or through a third party;
- Do not approach you.
Even though the relationship may change and the issue is resolved after the violent injunction is issued, it is best to seek counsel's advice before withdrawing the application. Although not criminally charged, AVO is designed to protect you from future violence and abuse. An injunction applied by the police is irrevocable, especially when the child is involved, or the police believe that the offence has been committed or that a criminal act may be committed.
What are the consequences of violating the provisions of a violent injunction?
A violation of a violent injunction is a criminal offence. If this happens, you should report any violation of a violent injunction to the police. Police will investigate the case and decide whether to charge defendant with a violent injunction.
Violent injunction and your application for a permanent residence visa in Australia
The special provisions of Australia's immigration law on domestic violence provide that the victim may continue to apply for permanent residence even if the marriage / de facto marriage breaks down as a result of domestic violence by the spouse. Related spousal immigration categories: 100, 309, 820, 801, etc.
Even if domestic violence exists, immigration laws have strict requirements for evidence of domestic violence. You need expert explanation and advice to ensure that your application for a permanent residence visa is successful.
Violent injunction and family law
Domestic violence has contributed to the disruption of family relations. Domestic violence can cause irreparable harm to victims and children. Therefore, when considering cases of family law, the court must consider whether there is domestic violence and the impact of domestic violence on the future of the family and children.
Under the Australian Family Act, the court, when deciding on child custody rights, considers that both parents share child custody rights and take equal responsibility. But because of domestic violence, such sharing, equality may be overturned by the court to protect the best interests of children.
Similarly, when deciding the division of family property, the court will also consider the impact of domestic violence and adjust the distribution of property to compensate the victims of domestic violence.
What should I do if you are sexually assaulted by your spouse?
Being in a marriage / cohabitation or intimate relationship does not mean that your partner has the right to compel you to engage in any sexual act, or to consent to any sexual act if you are involuntary or forced to do so.
One of the main misconceptions about sexual offences: the belief that most sexual offences are committed by strangers. In fact, 80% of criminals are family members and acquaintances known to the victim and pose a greater risk to the victim than strangers. If your partner is sexually assaulted, he may be arrested or charged.
