Domestic and Family Violence and Other Related Forms of Abuse
The term domestic and family violence has become very common in Australia. More and more people are coming out to seek legal help from these types of violence. However, all charges can be challenged in court because facts can be misrepresented.
Domestic violence is not just about physical violence, which is the most commonly reported. It covers a wide scope of violence between current and former intimate partners. On the other hand, family violence is violence between family members, including intimate partners, parents, siblings, etc.
In the past few decades, domestic violence cases in Australia have been on the rise. Australia has imposed legislation with severe penalties to deter perpetrators. Today, being charged with domestic and family violence can put you in prison for many years.
Victims of Domestic Violence
Domestic and family violence victims have rights immediately after the case has been reported and the perpetrator charged. For serious cases of physical abuse that have caused severe bodily injury, the courts will factor in the victim’s reservations when issuing the offender bail.
It is recommended that you seek legal advice before pressing charges. A criminal lawyer who specialises in domestic and family violence will tell you whether your case has the required threshold.
Domestic Violence Offenders
If you have been charged with a domestic violence offence, a lot is at stake. The law is very harsh on domestic violence perpetrators, and you might find yourself serving years of jail term. The whole process is very tricky, especially in bail application, due to the closeness with the victim. The court will be unwilling to issue bail if the victim is objecting to it.
Even after you get out on bail, you will need to be very careful to avoid domestic violence orders since they can get your bail cancelled. You have to observe all the bail terms to enjoy the limited freedom. A minor breach of bail terms can get you in jail or huge fines.
In case of an application of protection order, you need a good legal team that can challenge the application. Otherwise, your defence and the freedom you enjoy under the bail terms will be threatened. A good legal team should also help you fight a breach of a domestic violence order to avoid weakening your defence.
Domestic Violence Penalties
Domestic and family violence are serious criminal offences that attract a maximum of 7 years jail term, especially for bodily assault that cause severe injuries to the victim. Where the violence has resulted in death, you can be subjected to the penalty of life imprisonment.
For a defendant, you need a good lawyer to challenge the charges, get you out on bail, or reduce penalty harshness if found guilty. A good lawyer will also help you with malicious protection orders.
Feel free to contact us here at Bouchier Khan Lawyers, and we will be happy to help with your domestic and family violence case.