Where am I now? lawlink > Index > Understanding the Legal System > Domestic Violence   Print this page Domestic Violence What is domestic violence? | Typical actions of perpetrator Indicators associated with domestic violence | Difficulties in identifying domestic violence or taking action Domestic violence and child abuse | Incidence and consequences of domestic violence Reporting domestic violence | Victims contact with health and welfare services Chart 2 - Domestic violence and the legal system What is domestic violence? These Interagency Guidelines are about working with the legal system in responding to domestic violence so the definition of domestic violence used in these Guidelines is a legal one. There are other definitions. Service providers often have their own definitions and these differences in definition account for differences in eligibility criteria for services. The definition used in these Guidelines is the one contained in the Crimes Act. It has several components: What is a domestic relationship? What is a domestic violence offence? What are the grounds on which an AVO can be granted by the Court? Another relevant definition is ‘victim of crime’. It is defined in the Victims Rights Act 1996. Crimes Act What is a domestic relationship? Section 4(1) of the Crimes Act 1900 defines a domestic violence offence as a personal violence offence committed against: a) A person who is or has been married to the person who commits the offence, or b) A person who has or has had a de facto relationship, within the meaning of the Property (Relationships) Act 1984, with the person who commits the offence, or c) A person who has or has had an intimate personal relationship with the person who commits the offence, whether or not the intimate relationship involves or has involved a relationship of a sexual nature, or d) A person who is living or has lived in the same household or other residential facility as the person who commits the offence, or e) A person who has or has had a relationship involving his or her dependence on the ongoing paid or unpaid care of the person who commits the offence, or f) A person who is or has been a relative (within the meaning of s4 (6)) of the person who commits the offence. What is a personal violence offence? A personal violence offence includes a range of offences and attempted offences, including but not restricted to, the following: Assault Maliciously destroying property Breaching an AVO Sexual assault Murder Manslaughter Wounding with intent to do bodily harm Discharging loaded firearms with intent, Malicious wounding or infliction of grievous bodily harm (See section 4(1) of the Crimes Act in Appendix B for a full list of personal violence offences.) What are the grounds on which an AVO can be granted by the Court? The grounds on which an AVO can be granted by the Court include: Domestic violence offence Harassment, molestation, intimidation and stalking. The Magistrate must be satisfied on the balance of probabilities that a person who has a domestic relationship with another person has reasonable grounds to fear and in fact fears conduct that is sufficient to warrant the making of the order. Section 562AE of the Crimes Act defines when a court may make an ADVO: A court may, on complaint, make an apprehended domestic violence order if it is satisfied on the balance of probabilities that a person who has a domestic relationship with another person has reasonable grounds to fear and in fact fears: (a) the commission by the other person of a personal violence offence against the person, or (b) the engagement of the other person in conduct amounting to harassment or molestation of the person, being conduct that, in the opinion of the court, is sufficient to warrant the making of the order, or (c) the engagement of the other person in conduct in which the other person: (i) intimidates the person or a person with whom the person has a domestic relationship, or (ii) stalks the person, being conduct that, in the opinion of the court, is sufficient to warrant the making of the order. (2) Despite subsection (1), it is not necessary for the court to be satisfied that the person for whose protection the order would be made in fact fears that such an offence will be committed, or that such conduct will be engaged in, if: (a) the person is under the age of 16 years, or (b) the person is, in the opinion of the court, suffering from an appreciably below average general intelligence function. (3) For the purposes of this section, conduct may amount to harassment or molestation of a person even though: (a) it does not involve actual or threatened violence to the person, or (b) it consists only of actual or threatened damage to property belonging to, in the possession of, or used by the person. (4) An order made under this section may impose such prohibitions or restrictions on the behaviour of the defendant as appear necessary or desirable to the court. What is the meaning of victim of crime? Section 5 of the Victims Rights Act 1996 defines the meaning of ‘victim of crime’ (1) For the purposes of this Act, a victim of crime is a person who suffers harm as a direct result of an act committed, or apparently committed, by another person in the course of a criminal offence. (2) A person suffers harm if, as a result of such an act: (a) the person suffers actual physical bodily harm, mental illness or nervous shock, or (b) the person's property is deliberately taken, destroyed or damaged. (3) If the person dies as a result of the act concerned, a member of the person's immediate family is also a victim of crime for the purposes of this Act. Other definitions There are many definitions of domestic violence in use, two further ones are: Partnerships Against Domestic Violence Statement of Principles agreed by the Australian Heads of Government at the 1997 National Domestic Violence Summit Domestic violence is an abuse of power perpetrated mainly (but not only) by men against women both in relationship and after separation. It occurs when one partner attempts physically or psychologically to dominate and control the other. Domestic violence takes a number of forms. The most commonly acknowledged forms are physical and sexual violence, threats and intimidation, emotional and social abuse and economic deprivation. NSW Health Violent, abusive or intimidating behaviour carried out by an adult against a partner or former partner to control and dominate that person. It is most often violent, abusive or intimidating behaviour by a man against a woman. Domestic violence also has a profound effect upon children and young people and constitutes a form of child abuse. Definitions of domestic violence and entitlements to services How agencies define domestic violence can have an impact on what services agencies are prepared to provide. The legal definition provides the foundation for these Interagency Guidelines as they are dealing with ‘working with the legal system in dealing with domestic violence’. See Part 5 Appendix B for further details. Victims are often not aware they are experiencing domestic violence Victims of domestic violence are often not aware that what they are experiencing is domestic violence. This is particularly the case when women are socially and geographically isolated. It is important for health and other professionals as well as family and friends to support women who are experiencing domestic violence, by providing them with accurate information and referral to services. It can occur in all kinds of relationships Domestic violence can also occur in gay and lesbian relationships. However, it is difficult to know the extent of violence in same sex relationships because of the low rate of reporting, which is exacerbated by the victims' fear of homophobia, their unwillingness to reveal their sexuality if they have not publicly acknowledged their sexuality, and the perceived lack of community understanding. There is, however, increasing awareness of these issues and action to assist victims of violence in gay and lesbian relationships. The law relating to AVOs covers same sex relationships. Back to top Back to top Typical actions of perpetrator These are typical tactics and behaviours which abusers, who are predominantly male, use to establish and maintain power and control in their relationships. Physical violence: punching, hitting, slapping, shoving, pulling hair, twisting limbs, strangulation or serious injury, sometimes causing death. Sexual abuse: this includes any sexual behaviour that is forced upon the abused person or that she does not consent to, for example, being made to have sex when she doesn’t want to, performing humiliating acts, having pain inflicted upon her during sex, or being forced to view pornography. Use of weapons: the use of guns and knives may be actual or threatened. Psychological and emotional abuse: continual put-downs, verbal harassment, making her think she's crazy, threatening harm to her or her children, threats of suicide. It may include threats to hurt the children or her pets, or destroy her favourite possessions. Such actions are intended to destroy a woman's self esteem and distort her perception of her right to be safe and free from harassment. Harassment, stalking and intimidation: acts directed at intimidating and frightening a woman can include driving furiously, injuring or destroying pets, throwing items which just miss her, damaging personal property including cars. Stalking can include following her about, waiting outside her property or place of employment. Harassment includes making lots of phone calls to her when she doesn’t want them, writing letters that are threatening or ‘love letters’ when she has told him she doesn’t want to see him. Social isolation and abuse: isolating a woman from family and friends; not allowing her out of the house (sometimes by deadlocking her inside); preventing access to a car or public transport; restricting access to a telephone; control over who she sees and where she goes; humiliating her in public. Financial abuse: preventing a woman from access to financial resources; not allowing her to have her own bank account; demanding that she hand over her pay or other finances; depriving the woman and her children of basic physical needs. For legislative definitions see the Crimes Act. Back to top Indicators associated with domestic violence Please note: the indicators listed below may also be indicators of other abuse or neglect issues and should be used as a guide only. Indicators in adult victims Unexplained bruising and other injuries Social isolation Never making a decision without referring to partner Low self esteem Anxiety/depression/post-natal depression No access to transport Being submissive/withdrawn Frequent absences from work or studies ‘Accidents' during pregnancy Repeated presentations at emergency departments Psychosomatic and emotional complaints Sometimes there are no obvious indicators Indicators of perpetrator behaviour in adults Values/attitudes about ‘ownership' of partner and/or children Controlling behaviour Always speaking for the partner (or child) Describing the partner as ‘incompetent' ‘stupid' or other derogatory terms Being overly concerned towards the suspected victim Admitting to some violence, but minimising the frequency and severity Holding rigidly to stereotyped sex roles Not allowing partner or child to access service providers alone Threatening and/or intimidating behaviour directed towards workers Sometimes there are no obvious indicators Indicators in young children Difficulties with eating Difficulties in sleeping Slow weight gain (in infants) Regressive behaviour in toddlers Delays or problems with language or other development Indicators in school age children Behaviour which is clingy, dependent, sad and secretive Academic achievement problems Poor concentration Poor school attendance Withdrawal at school Aggressive or violent behaviour Defiance at school, particularly with female teachers Over-protectiveness of or fear of leaving mother Anxiety Physical complaints Sleeping difficulties Indicators in adolescents Physical/verbal abusiveness/violence Social isolation Abuse of siblings or parents Eating disorders Depression or suicide attempts Over- or under-achievement Alcohol or other drug abuse Frequent absences from work or studies Psychosomatic and emotional complaints Exhibiting sexually abusive behaviour Homelessness or prolonged staying away from home Extreme risk taking behaviour Back to top Difficulties in identifying domestic violence or taking action There are many factors that may reduce a worker's ability to identify domestic violence. These include: Inherent secrecy about domestic violence Cultural differences being used to justify, hide or explain the abuse Interpreting an apparent absence of physical abuse as indicating the absence of any form of domestic abuse Professional confidentiality issues – lack of communication between professionals Inaccurate assumptions or judgements about the individuals and their relationship A positive relationship between the perpetrator and the worker High standing or authority of the perpetrator in the community Medical diagnoses such as psychoses, depression, bipolar disorder etc, in either or both the victim and perpetrator A narrow focus on only one aspect and not considering that violence or abuse may in fact be contributing to another problem (such as conduct disorder in children) Perpetrators presenting as victims or making counter-claims. Back to top Domestic Violence and child abuse How do children experience domestic violence? Children may experience domestic violence in a number of ways: Witnessing violence perpetrated against their mother Being in another room and hearing that violence is occurring Being physically assaulted while trying to intervene to protect their mother Living in a household which is filled with constant tension and fear Disruption to their routine, schooling and relationships Damage to their home environment, eg, toys and pets. Directly experiencing violence themselves. Research shows that children are often present when violence is occurring. The Women's Safety Survey (ABS,1996) reported that 61% of women who experienced violence by a current partner had children in their care during the course of the violent relationship. Thirty eight per sent of these women stated that their children had witnessed the violence. For women who experienced violence by a previous partner, 46% said that their children had witnessed the violence. Regardless of whether children witness violence, they are aware of what is happening to their mother or what could happen to them; they are isolated and have no control or power to stop the violence. Often those outside the family are unaware of how the children may be being affected or are reluctant to intervene. Children will continue to be at risk unless responsible adults intervene to stop the violence. Domestic violence can impact on the woman’s capacity to meet her children’s needs. Children living in domestic violence situations are more likely to experience abuse and neglect. What do children learn about domestic violence? Children's beliefs about the world, the roles of men and women, communication and relationships are moulded from an early age by what they see and hear around them. Children who experience domestic violence may develop attitudes and ideas which negatively affect their emotional well being and the quality of current and future relationships. Children may blame themselves for violence and believe that: Violence is a 'normal' way to relate to others within an intimate relationship It is their fault Mum is to blame or she should be able to control it Men should be powerful and women should be submissive It is okay to love and hurt someone at the same time. How are children affected? Children may be affected in a variety of ways. Some act out with aggressive behaviour or develop stress-related problems such as bedwetting, various illnesses, difficulty relating to peers, running away, lack of concentration, drug and alcohol problems. Other children may appear withdrawn, sad or depressed, be over-compliant or take on responsibilities beyond their age. Many children exhibit high levels of anxiety and demonstrate a hyper-vigilance because they have learnt that nowhere is safe. Domestic violence is a child protection issue Given the evidence above and the fact that domestic violence and child abuse often co-exist in families, all domestic violence interventions must have a child protection perspective. (s23d The Children and Young Persons (Care and Protection) Act 1998). See the Interagency Guidelines for Child Protection Intervention, 2000 edition for details. Victims’ rights Children witnessing or experiencing violence may have rights as victims of crime under the Victims Rights Act 1996 and to claim approved counselling and/or compensation under the Victim Support and Rehabilitation Act 1996. Back to top Back to top Incidence and consequences of domestic violence The total incidence of domestic violence in NSW cannot be accurately assessed for a number of reasons, including victims’ reluctance to report and systemic issues such as inconsistent data collection methods and the variety of definitions used by the main agencies dealing with people affected by domestic violence. The ABS Women’s Safety Australia study found that: 23% of women who have ever been married or in a de facto relationship experience violence by a partner at some time during the relationship 48% of women physically assaulted by a man in the previous 12 months sustained physical injuries in the last incident - for example, bruises, cuts, scratches 20% experienced violence for the first time when they were pregnant 61% of women who experienced violence by a current partner reported that they had children in their care at some time during the relationship and 38 per cent said that their children had witnessed the violence When compared to women from non-violent homes, victims of domestic violence have higher levels of stress, anxiety, depression and other psychiatric disorders. These women are almost five times more likely to attempt suicide; to have higher rates of alcoholism; to be nine times as likely to abuse drugs; to frequently present to medical caregivers with psychosomatic complaints; to have more sleep disturbance including nightmares; to have reduced coping and problem-solving skills; to be more likely to abuse dependent children; to be chronic users of tranquillisers; and to be socially isolated. (Australian Bureau of Statistics, 1996, Women’s Safety Australia, No 4120.0, Canberra.) NSW statistics The NSW Attorney General's Department Strategic Services Report (1996-97) notes that: 27,707 applications for AVO's (domestic violence) were processed in Local Courts throughout NSW Over 70% of protection orders issued were in relation to domestic violence Approximately 60% of these were initiated by police 19,131 AVOs (domestic violence) were granted by the courts The courts dealt with 7,530 breaches of AVOs The NSW Police From 1998 to 2001 the reported incidents of domestic violence to NSW Police have increased each year. The following table shows the actual domestic violence incidents were reported to NSW Police each year: Year Incidents 1998 69,640 1999 76,994 2000 88,506 2001 98,400 (Note, more than one incident may be reported for one offender.) Back to top Reporting domestic violence Under-reporting Despite greater knowledge about domestic violence and the legal remedies available, and NSW Police responsibility and commitment to investigating and dealing with domestic violence, there is still a high level of under-reporting of the incidence of domestic violence. This is the result of a range of factors such as: Community attitudes The woman blaming herself The woman’s lack of awareness that help is available The woman wanting to keep the family together or pressure on her “not to break the family up” The woman’s financial dependence on her partner The woman may not have faith in the ability of the police to protect her Alcohol or other drug use by the victim and/or perpetrator The police knowing/being friends with the perpetrator Cultural differences being used to justify, hide or explain the abuse Professional confidentiality issues – lack of communication between professionals Perpetrators presenting as victims or making counter-claims Health issues such as psychoses, depression, bipolar disorder, etc, in either or both the victim and perpetrator. For these and other reasons, victims of domestic violence are often reluctant to report the violence to the police or other service providers. The Women’s Safety Survey has found that whilst only 6.3% of women assaulted by a current partner informed the police about the last incident. 34% of women assaulted by a previous partner informed the police of the last incident. The main reasons for not reporting to police were that the woman decided she wanted to deal with it herself or she did not regard the incident as serious. However, the level of reporting rises significantly where the woman sustains one injury and again rises when she sustains more that one injury. Where the last incident of assault was reported to police, in 21% of instances the perpetrator was charged (Australian Bureau of Statistics,1996 Women’s Safety Australia pp 32-35). Back to top Victims contact with health and welfare services Despite the many reasons for non-reporting of domestic violence, many victims of domestic violence have contact with, and seek help from, health and welfare services. Health and welfare services are therefore in a position to identify domestic violence and to implement protective measures. Research has concluded: More women sought medical treatment for injuries resulting from domestic violence than any other cause Domestic violence is demonstrably linked to a range of women’s health problems, including homicide, alcohol and drug abuse, rape, poor pregnancy outcomes, and female suicide attempts Violence as a risk factor has a disproportionate impact on women and their requirements for health care. (See: Review of NSW Health Domestic Violence Policy Discussion Paper.) Research has recently been conducted on the needs of women experiencing domestic violence who do not use crisis services or the police. The women interviewed for this study approached a broad range of public and private health services including: General practitioners Marriage/relationship counsellors Personal counsellors, psychiatrists and psychologists Mental health services Hospital staff Baby health clinic staff Family support staff Emergency departments and Drug and alcohol services. The study found that the type of response that victims of domestic violence receive from services when they disclose the abuse directly influences their future help seeking patterns. It concluded that: A supportive and sympathetic response often played a very influential part in helping the women obtain information about options and the practical and emotional assistance to help them deal with the situation in their own way, and in their own time … After receiving a negative response, some women apparently did not tell anyone else about the abuse. In some cases it took them longer to raise the issue again. (See: Review of NSW Health Domestic Violence Policy Discussion Paper) Health and welfare services are likely to be a first point of contact outside friends and family and have a responsibility to provide informative, supportive and empathic services to victims. It is therefore imperative that the response to victims of domestic violence by health and welfare workers is a proactive and informed one, delivering high quality, informative, supportive and empathic services to victims of domestic violence. Responsibilities under the Charter of Victims Rights Service providers have a responsibility under the Charter of Victims Rights to victims of crime, including women and children affected by domestic violence, particularly in assisting access of victims to welfare, health, counselling and legal services responsive to the victim's needs. Back to top Related Link(s): What is domestic violence? | Previous Page | Back to HOME | Top of Page | most recently updated 22 January 2007