Domestic Violence

The law is a peculiar thing. Some say it is an ass. Take the Domestic Violence (Family Protection) Act for example. According to the Dictionary-

• "Domestic" means of the home, the family
  
  
• "Violence" means physical or mental strength with outrage applied from one to another
  
  
• "Family" means the members of a home - usually parents and children or relations whether living together or not
  
  
• "Protection" means to keep safe, defend
  

One would think that in ordinary language this law was about keeping parents and children and relations safe from physical or mental abuse from some other family member. You can be forgiven if at first guess you got it wrong!

The Act defines domestic violence as being-

(a) Wilful injury;

(b) Wilful damage to the spouse's property;

(c) Intimidation or harassment of the spouse;

(d) Indecent behaviour to the spouse without consent;

(e) A threat to commit any act mentioned in Paragraphs (a) to (d)

Back to the Dictionary -

• "Intimidation" means to influence the conduct of another by fear. Fear is an apprehension of harm whether physical or to property or reputation. Thus it is a statutory violence to attempt to have another do something by saying that otherwise something unpleasant may happen to someone or something.
  
  
• "Harassment" means to repeatedly irritate or anger by petty annoyances. Fear is not an element. Therefore nagging is elevated to the status of a statutory violence under this law.
  
  
• "Indecent behaviour" Unbecoming or immodest or offending against recognised standards of respectability, free from impropriety, obscenity and indelicacy. It includes language. In common usage indecency reflects something sexual and offensive. Remember that this behaviour does not relate to the rest of the world and usually is only about what goes on between spouses within their own private environment.

How many things in a failing relationship change? The list is endless. And in this modern age of unprecedented freedom from sexual inhibitions and the acceptability of certain language, a relationship between a couple in good times can have no bounds. Talking dirty can be a turn on, even part of foreplay for a loving couple. But when the relationship changes, the continuation of the previous "norm" can be claimed as a statutory violence.Even just threatening to talk dirty is domestic violence.

Take this scenario. A de-facto couple:

The "wife" has no income and no property; the "husband" supports her in every way. They have not discussed the long term nor anything financial. They have not yet reached the stage of expectations about anything. He therefore funds the purchase of a toothbrush that he provides for her use. Cleaning teeth is not her best thing in life and he keeps reminding her about this to her great annoyance. To her it is nagging. She says "If you don't stop nagging about it I will throw that bloody toothbrush out". A veiled threat to damage his property? Under the Act both are guilty of violence towards each other.

To make an Order the Court hears the allegations without restriction, maybe not even from the Aggrieved. It then determines the facts based upon a balance of probabilities.

What is a balance of probabilities? Did (whatever) more likely happen than not! A balance is 50/50. More likely than not is 51%. This may explain why about 95% of DV Applications succeed.

Breach of an Order? The maximum penalty is 1 year in the "iron motel".

Some control is necessary but be warned, this law about abuse can itself be abused.