DV Brochure - Respondent

What is domestic and family violence?

Domestic or family violence occurs when one person in a “relationship” uses violent or abusive behaviour to control another.

The behaviour which may be classified as domestic or family violence includes:

• Physical abuse
• Damage to property
• Sexual abuse
• Verbal abuse
• Harassment or intimidation
• Financial abuse, or
• Threatening any of the above.

Domestic violence does not just occur between spouses. There are a number of relationships offered protection under the laws of Queensland. These include:

• Spousal — including defacto, biological parents of a child or same sex couples
• Intimate personal — two people in an established relationship (does not have to be sexual)
• Family — related by blood or marriage, or culturally related
• Informal care — unpaid carer who assists with day to day living.

A person under 18 can be named in a domestic or family relationship, as long as that relationship is spousal, intimate personal or informal care.

In Queensland, a person who uses domestic violence is called a respondent and a person affected is called an aggrieved.

Who do I affect?

Not only can domestic or family violence have devastating physical and emotional affects on victims, but it can also have significant impact on those around you.

Children often learn how to behave and interact at a young age. Being exposed to violence may also increase the chance of the child being involved in an abusive or violent relationship as an adult. Possible effects of exposure to domestic or family violence on children can include:

• Physical injury
• Anxiety
• Depression
• Poor sleep habits
• Anger, hitting and biting
• Withdrawn behaviour, and/or
• Low self esteem.

What will happen to me?

The first priority of a police officer called to an incident is to ensure the safety of the parties involved. If you have limited English you must inform the officer so they can arrange for an interpreter immediately.

If a police officer reasonably suspects an incident of domestic violence (including physical, sexual, verbal or financial abuse; damage to property; harassment or intimidation or threatening to do any of these), it is their duty to investigate the matter thoroughly. This investigation may involve:

• Separating the parties
• Asking personal questions, such as the history of the relationship and the reason for the present problem
• Searching the premises for anything associated with causing injury or harm
• Taking the person using domestic violence into custody for up to four hours.

Actions that form domestic violence may also be a criminal offence. These actions include, but are not limited to; assault, sexual assault, stalking, strangling, suffocating, injuring animals and damaging property. An investigation may occur if police believe such actions have occurred and you could be charged.

If a police officer gathers enough evidence, they are able to apply for a domestic violence order on behalf of the aggrieved.

If a respondent is taken into custody they will be given a copy of the application for a domestic violence order on release. If not, they will be served prior to the court date.

If a respondent does not attend, the application can still be heard, and an order may still be issued.

A domestic violence order does not automatically result in a criminal record. However if it is breached, the respondent may face criminal charges.

A domestic violence order means the respondent must be of good behaviour and not commit acts of domestic violence. A respondent will also be prohibited from possessing a weapon or a weapons licence for the duration of the order. There may also be other conditions imposed, depending on the necessity.

Interstate orders or orders issued in New Zealand may be registered in Queensland. These orders are then enforceable as if they were issued by a Queensland court.

How do I stop this?

You can stop this. There are a number of services available that offer support and advice.

Domestic and family violence can have a significant impact. Not only are you emotionally or physically abusing another person, but you are affecting others around you.

Consequences of domestic and family violence can include:

• Causing serious injury to another person — in serious cases, domestic violence has led to death
• Causing emotional, social or psychological damage to another person
• Affecting any children who reside in the house — children adapt to behaviour in their environment which can lead to children developing emotional, behavioural and relationship problems
• Financial implications in the form of legal costs or medical treatment for injured victims.

Who can help?

There are many services available to help you deal with the emotional and legal issues you may be facing.

It is possible people may be suffering from other conditions, such as depression or post traumatic stress disorder, not formally diagnosed. If this is the case, you can receive support and treatment.

There are programs and courses available throughout Queensland designed to assist people to change their behaviour.

Stopping the violence is the most important step.

In an emergency dial Triple Zero (000).	Mensline (Mon-Fri 9am-5pm) 1800 600 636
DV Connect 1800 811 811	Legal Aid Queensland 1300 651 188
Relationships Australia 1300 364 277	Veterans and Veterans Families Counselling Service 1800 011 046
Interpreting and Translating Service 131 450	Alcoholics Anonymous Helpline (10am-10pm 7 days) 07 3255 9162
Lifeline (Counselling Service) 131 114

For more information, please visit the Queensland Police Service (Domestic Violence) website on:

http://www.police.qld.gov.au/programs/crimeprevention/dv/default.htm

Mission Statement

To serve and protect the people of Queensland by protecting life and property, preserving peace and safety, preventing crime and upholding the law in a manner which has regard for the public good and the rights of the  individual.