Domestic Violence Laws – Changes in NSW

AdminNewsLeave a Comment

Domestic Violence Laws

There are changes coming into effect in New South Wales on 23 May 2014 in relation to domestic violence laws.  This changes includes the expansion of  police powers and a stronger role for court registrars.

The Crimes (Domestic and Personal Violence) Amendment Act 2013 (NSW) is a New South Wales Act which amends the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

The amendments were partly made in response to two reports:

The NSW Domestic Violence Justice Strategy identified six justice outcomes:

  • victims’ safety is secured immediately and the risk of further violence is reduced
  • victims have confidence in the justice system and are empowered to participate
  • victims have the support they need
  • the court process for domestic violence matters is efficient, fair and accessible
  • abusive behaviour is stopped and perpetrators are held to account
  • perpetrators change their behaviour and re-offending is reduced or eliminated

The Crimes (Domestic and Personal Violence) Amendment Act 2013 (NSW) amends the Crimes (Domestic and Personal Violence) Act 2007 (NSW) to:

  • permit senior police officers at or above the rank of sergeant to issue provisional apprehended domestic violence orders (known as AVOs or ADVOs)
  • expand the power of police to direct a person to go to or remain at a particular place or detain a person
  • provide protections in relation to the issue of provisional apprehended domestic violence orders and the power of detention
  • introduce an offence to make a false or misleading statement in an application for an apprehended personal violence order
  • strengthen the court’s discretion to refuse an application for filing
  • provide a presumption in favour of mediation

 

If you would like more information or require legal advice in relation to domestic violence orders, contact Claire Naidu & Co, Family Lawyers and Mediators.  We provide specialised advice in relation to family law matters including AVOs / ADVOs, DVOs, Personal protection orders in both NSW and the ACT.  Click here to locate our contact details.

Leave a Reply