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Divorce and Domestic Violence: Is Domestic Violence Considered a Crime

The 2016 Australian Bureau of Statistics showed that 2.2 million Australians had encountered some type of violence from their partners. Domestic violence is a serious problem, and it is estimated that one in six women has experienced physical or sexual violence by a current or former partner.

Read on to know more.

What is Domestic Violence?

Domestic violence is a crime, and it is illegal to threaten, hit or hurt your partner or family member. This is a pattern of abusive behaviour used by one partner to gain or maintain power and control over the other partner. It can include physical, sexual, emotional, economic or psychological abuse. It can happen to women, men and children of all ages.

Domestic violence can occur in heterosexual or same-sex relationships. It can also happen in dating relationships. 

Is Domestic Violence Considered a Crime?

Domestic violence in Australia is considered a crime. The Crimes (Domestic and Personal Violence) Act 2007 creates offences for breaches of domestic violence orders and makes it an offence to stalk or threaten to kill a person.

The maximum penalties for domestic violence offences include up to 10 years imprisonment. The court also has the power to make orders that protect victims of domestic violence, such as restraining orders.

If you are a victim of domestic violence, you can get help from the police, a domestic violence support service or a family law professional. You should also tell your doctor or health worker if you are being abused.

What Is the Punishment for Domestic Violence in Australia?

The punishment for domestic violence in Australia varies depending on the severity of the offence. The maximum penalty for breaching a domestic violence order is five years imprisonment. For stalking, the maximum penalty is ten years and seven years for threatening to kill a person.

What Are the Laws Against Domestic Violence in Australia?

The Crimes (Domestic and Personal Violence) Act 2007 is an act of the Australian Parliament that establishes a national domestic violence order (DVO) scheme. The Act also creates offences for breaches of DVOs and makes it a crime to stalk or threaten to kill a person.

What Is the Domestic Violence Order Scheme?

The Domestic Violence Order Scheme is a national scheme that protects victims of domestic violence. The method replaces state and territory domestic violence order schemes and creates offences for breaches of domestic violence orders.

What Is Stalking?

Stalking is a pattern of behaviour that causes fear or distress to another person. It can include following a person, contacting them repeatedly or making threats. Stalking is a crime in Australia, and the maximum penalty is ten years imprisonment.

What Are the Consequences of Domestic Violence?

Domestic violence can have a lasting impact on the lives of victims and their families. Its consequences can be physical, psychological, social and economic. 

Victims of domestic violence may experience injuries, chronic health problems, depression, anxiety, post-traumatic stress disorder and social isolation. They may also have difficulty keeping a job or maintaining a healthy relationship with their children. 

How Can We Prevent Domestic Violence?

Many things can be done to prevent domestic violence in Australia. These include:

  • Educating people about what domestic violence is and how to recognise it
  • Providing support for victims of domestic violence
  • Changing social attitudes that condone violence against women
  • Working with perpetrators of domestic violence to help them change their behaviour.

What Is Divorce?

Divorce is the legal process of ending a marriage. It involves filing for divorce in court and serving divorce papers on your spouse. Once the divorce papers have been served, you and your spouse have to wait a period before the divorce can be finalised.

What Can Divorce Do to Domestic Violence?

Divorce can have several different effects on domestic violence. It can increase the risk of violence, as well as the severity and frequency of violence. It can also lead to further psychological and emotional damage for both partners and make it more difficult for victims to leave abusive relationships. Divorce can also hurt children, who may witness the violence or be caught in the middle of the conflict between their parents.

Is Divorce the Answer to End Domestic Violence

Divorce is not always the answer to ending domestic violence. In some cases, divorce can help minimise domestic violence but also worsen the situation.

How Madison Marcus Can Help You

Divorce and domestic violence are tough, and we’re here to help. Madison Marcus is a law firm specialising in family law, such as divorce and domestic violence cases, so we know what we’re doing. We won’t back down from a fight, and we promise to always put your best interests first.

You deserve to have a lawyer who will fight for your rights—and that’s exactly what we do at Madison Marcus. For all enquiries or a free 15-minute consultation,contact us here.


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