What is domestic violence (domestic violence)?
Learn about two key points: the form of domestic violence and who belongs to the family.
Australia's definition of domestic violence is so broad that it goes far beyond mainland China's understanding of domestic violence.
The following acts are domestic violence:
- Language: public or private sustained language insults, etc.;
- Psychology: dangerous driving, destruction of property, mistreatment of pets, threatening custody of children, etc.
- Emotion: demeaning the victim, suicide, self-harm, cold violence, etc.
- Body: various forms of beatings, anti-locking in the house, forced to take drugs, etc.;
- Economy: cutting off economic sources, restricting the use of bank cards, prohibiting victims from working, etc.
- Sexual assault: unauthorized sexual acts, sexual insults, etc.
- Social: control the socializing of the victim, restrict the use of the Internet, telephone, car, etc.;
- Harassment: SMS calls, Internet harassment, stalking, surveillance, etc.
Cases that can be identified as family members:
- Husband-wife relationship;
- a de facto marriage;
- Intimacy;
- Cohabitation;
- Caring relationships;
- Kinship.
Note: relationships between ex-spouses and current spouses are also regarded as belonging to family members.
We need to know:
- Mistreatment of the elderly is domestic violence;
- The confiscation of wages is a domestic violence;
- Marital rape is domestic violence.
How to deal with domestic violence?
In Australia, in the event of domestic violence, victims can avoid re-injury by applying for an AVO,.
What is AVO?
The, Apprehended Violence Order (AVO), is issued by the court and is intended to prevent the applicant from being subjected to an injunction of violent (Violence), intimidating (Intimidation) or harassing (Harassment) by a person who is physically or mentally afraid of him, such as a current spouse, or an ex-spouse. Once the court has ordered the AVO, respondent to comply with the court injunction.
The AVO is a civil ban designed to prevent victims from being subjected to violence again without punishing the perpetrators. However, perpetrators of AVO, violations may be charged with crimes and subject to criminal sanctions.
Type of AVO:
- (B) the Apprehended Domestic Violence Order (ADVO): prohibition order against violence between family members;
- Apprehended Personal Violence Order (APVO): prohibition order against violence other than family members.
How to apply for AVO?
1. Apply on your own:
- Contact courts;
- Fill in the form;
- Signature service;
- Attend the trial.
2. Application for police:
- Police report;
- Providing evidence;
- Signature service;
- Appear in court.
3. Solicitor's application:
Alternatively, you can also contact a lawyer to assist you in completing your application.
Request key:
Key points to grasp when filling out forms and providing evidence:
- When: when is a domestic storm going on;
- Where: Where's a domestic storm?
- The specific content of What: domestic violence;
- Who: perpetrators and witnesses;
- Why How: domestic violence occurred;
- (B) specific injuries suffered by Harm:;
- Whether The State of Mind: exists inner fear, fear.
AVO takes effect in two ways:
- The defendant agrees to enter into force (Conent Order);
- Court decisions enter into force in two cases:
- The evidence is sufficient and reasonable;
- The defendant was not present.
Prohibitions to be observed by the AVO:
- Prohibition of violence and threats against applicants;
- It is prohibited to follow, harass or intimidate the applicant;
- No intentional or negligent damage to the applicant's article.
Additional prohibitions:
- It is prohibited to live with the applicant again;
- Do not contact the applicant unless there is a lawyer present;
- (b) The prohibition of the carrying of any firearms or dangerous weapons;
- No contact with the applicant within 12 hours after taking alcohol or drugs;
- Keep a certain distance from the applicant's residence, work unit or school.
In fact, China also implemented the Law of the people's Republic of China on domestic violence on March 1, 2016, with similar habeas corpus. Domestic victims of domestic violence can choose to call the police or apply to the people's court for an order of protection.
Domestic violence is zero tolerance, and violence needs to be sanctioned. The harm of domestic violence is far-reaching, which not only causes serious harm to the human dignity and physical and mental health of the victim, but also brings to the society an extremely unstable factor. Therefore, for domestic violence, we should stop resolutely!
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