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Where am I now? Lawlink > Understanding Your Legal Rights > Equal Rights > Violence
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Violence
 Calling the police
Protection from violence - apprehended violence orders
- Apprehended domestic violence orders
- Apprehended personal violence orders
Compensation for acts of violence
Calling the Police
If you have experienced any act of violence, this is assault and you can call the police. Ask to speak to a Police Gay and Lesbian Liaison Officer (GLLO). 
Many (but not all) police stations now have GLLOs to improve the service police offer to gay and lesbian members of the community. For your information, it is a good idea to call your nearest police station and ask if there is GLLO working there. If not, enquire as to the nearest station that has one so if you need to call the police, you can contact them straight away. The Lesbian and Gay Anti-Violence Project can also provide you with more information about GLLOs.
Protection from violence - apprehended violence orders
If you have experienced, or are fearful of experiencing, physical assault, stalking, harassment, intimidation or damage to your property by another person, you can get an apprehended violence order (AVO) to protect you.
An AVO is a court order that stops someone from doing something or behaving in a certain way. You decide what it is you don’t want the person to do. For example, you might ask that the AVO conditions prohibit the person from contacting you or approaching you at your home or your place of work. This is like a warning. If the person does any of the things the AVO says they are not to do, they have breached the AVO and this is a crime they can be arrested for.
Police can initiate an AVO for you or you can do it yourself by contacting your nearest local court and making an appointment with the chamber registrar. Police must apply for an AVO for people in certain circumstances (see apprehended domestic violence orders below). A 'provisional order' can be made if you require immediate protection. However the 'provisional order' will not protect you until the police have given it to the defendant.
The matter will be given a 'mention' date before the court. At that time the defendant will need to tell the court whether s/he will agree to the orders sought, or whether s/he intends to contest the orders. If s/he agrees, the orders will be made final on that day. If s/he wishes to defend it, the matter will be set down for a full hearing on another day. At the hearing, the final AVO will be made if the magistrate is satisfied that you are fearful of the defendant and that you have reasonable grounds to fear him/her. AVOs can be made for as long as is necessary to ensure your protection. They are usually made for one to two years.
There are two type of AVO — apprehended domestic violence orders (ADVO) and apprehended personal violence orders (APVO).
Apprehended domestic violence orders
If you have been assaulted by your partner, or someone you are in a domestic relationship with, this is domestic violence.
Domestic violence is a crime. You can call the police and he or she can be charged and prosecuted.
If you call the police to a domestic violence incident, one of the things they are required to do is apply for an ADVO on your behalf.
The only reason for them not to do this is if you tell them you intend to apply for one yourself or they are satisfied that no criminal offence has occurred and you are not afraid for your safety.
You can apply for an ADVO yourself (without having called the police to an incident) by contacting your local court (see above).
For more information about domestic violence in gay and lesbian relationships visit www.ssdv.acon.org.au or contact ACON.
Apprehended personal violence orders
Apprehended Personal Violence Orders (APVOs) cover situations of harassment, intimidation or violence by people such as neighbours, work colleagues and other people with whom you have not had a 'domestic' relationship.
You can apply for an APVO through the police or Chamber registrar. Chamber registrars have the discretion to refuse a complaint for an Apprehended Personal Violence Order (unless the complaint is made by a police officer).
However, if the complaint discloses allegations of harassment relating to the person's race, religion, homosexuality, transgender status, HIV/AIDS or other disability, the chamber registrar should be more inclined to issue the complaint. The chamber registrar will have to consider a range of factors in exercising the discretion, including whether the matter can be resolved by way of mediation between the parties.
Compensation for acts of violence
If you have been the victim of an act of violence, you may be eligible to claim compensation from the Victims Compensation Tribunal (VCT) for the physical and/or psychological harm you have suffered as a result. A claim for compensation can be made even if the offender is unknown or has not been convicted of an offence, as long as the VCT is satisfied that you were the victim of an act of violence.
Eligibility for compensation will depend on the type of injuries you sustained. For example, compensation will not be paid for soft tissue injuries (eg bruises) or lacerations but may be paid for more serious injuries. The VCT has prepared a Schedule of Injuries that outlines which injuries can be compensated and how much compensation is payable for each injury. Eligibility for compensation for psychological injury will be determined by the circumstances of each case.
A claim for compensation could include a claim for actual loss of earnings and/or other expenses incurred as a direct result of the assault, such as damaged clothing. Victims of crime can also apply for free counselling with a psychologist approved by the VCT.
Applications for compensation must be lodged with the VCT within two years of the date of the incident, although the VCT may grant extensions of time in certain circumstances, especially in cases involving sexual assault or domestic violence. Applications for compensation must be supported by documents such as medical reports, statutory declarations, police statements etc. and the VCT will use these to make a decision.
It is important that the act of violence is formally reported to the police as soon as possible, and that you assist the police in their investigation of the offence. If the incident is not reported to the police 'within a reasonable time', the VCT can refuse to make an award of compensation, or can reduce any award of compensation. It is also important to see a medical practitioner as soon as possible after the assault so any injuries (even minor injuries) can be documented.
If your partner dies as a result of an act of violence, you may be entitled to compensation as a ‘family victim’.
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About this website
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While every effort has been made to ensure that the information on this website and in the Understanding Your Legal Rights booklet is as up to date and accurate as possible, it is not a substitute for legal advice. The law is complex and may change. Readers are advised to seek specific legal advice in relation to their particular situation.
Further information.
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