Women Victims of Violence Defending Intervention Orders

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 5.

Mansour Julia , ‘Women defendants to AVOs: What is their experience of the justice system?’ (Report, Women's Legal Services NSW, 2014).

See, eg, Krug , ‘World Report on Violence and Health’ (Report, World Health Organization, 2002) 89. We note that in more recent years there has been considerable academic debate about whether intimate partner violence between men and women is ‘symmetrical’ (men and women equally likely to perpetrate intimate violence) or ‘asymmetrical’ (men predominantly likely to perpetrate violence against women). Nevertheless, there is significant evidence that women experience intimate partner violence with greater frequency and severity than men, more frequently experience violence exerted for coercive and controlling purposes, and are more likely to be sexually assaulted and killed by a male partner. See, eg, Dobash Russell P Dobash R Emerson , ‘Women's violence to men in intimate partner relationships: Working on a puzzle’ (2004) 44 British Journal of Criminology, 324; Belknap Joanne Melton Heather , ‘Are heterosexual men also victims of intimate partner abuse?’ (Applied Research Paper, VAWNet, March 2005); Flood Michael , ‘He hits, she hits: Assessing debates regarding men's and women's experiences of domestic violence’ (Paper presented at Australian Domestic and Family Violence Clearinghouse Seminar, University of NSW, 6 December 2012); Carline Anna Easteal Patricia , Shades of Grey – Domestic and Sexual Violence against Women (Routledge, 2014) 33–35.

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 3(b).

‘2012 Personal Safety Survey’ (Catalogue Number 4960.0) Australian Bureau of Statistics, 11 December 2013, Table C.

Ibid Table 21.

Holmes Jessie , ‘NSW Police Recorded Female Persons of Interest: Has there been an increase in the 10 years to June 2013?’ (Issues paper no 94, NSW Bureau of Crime Statistics and Research, 2014) 3.

See, eg, Miller Susan , ‘The paradox of women arrested for domestic violence’ (2001) 7 Violence Against Women 1339.

Olding Rachel , ‘Frontline police now “better equipped” to deal with domestic violence, Assistant Commissioner Mark Murdoch says’, Sydney Morning Herald, (online) 11 March 2014 <http://www.smh.com.au/nsw/frontline-police-now-better-equipped-to-deal-with-domestic-violence-assistant-commissioner-mark-murdoch-says-20140310-34hw.html>.

Ibid.

Australian Department of Social Services, National Plan to Reduce Violence Against Women and their Children: Including the first three-year Action Plan (‘National Plan’), Strategy 5.1, 27 (2012) <http://www.dss.gov.au/sites/default/files/documents/05_2012/national_plan.pdf>.

Local Court of NSW, Local Court Practice Note No 2 of 2012 – Domestic and Personal Violence Proceedings, 24 April 2012, pt 3.2.

Parties to an ADVO who are eligible for a grant of legal aid may now seek a ‘preparation fee’ to pay for witness statement preparation.

See, eg, Licha Mario , ‘New AVO practice note delivers efficiency, but at a price’ (2012) 50 Law Society Journal 32.

National Plan, above n 11.

NSW Department of Justice, NSW Domestic Violence Justice Strategy (2012) <http://www.domesticviolence.lawlink.nsw.gov.au/domesticviolence/dvjustice_strategy.html>.

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 27(b).

Hannon Luke Del Vecchio Raff Burgun Prue , Apprehended Domestic Violence Orders: Review of the role of Police in the application and enforcement of ADVO's. Cutting red tape – looking after victims (December 2008) Police Association of NSW <https://www.pansw.org.au/sites/default/files/public/ADVO_Updated_AVO_submission.pdf>

Ibid 9.

Ibid 10.

Olding , above n 9.

McDermott Sean , ‘Improving outcomes for victims of domestic violence’ (2014) 52(4) Law Society Journal 67.

Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 33A.

NSW, Parliamentary Debates, Legislative Assembly, 27 May 2014, 29113 ( Hazzard Brad , Attorney-General and Minister for Justice).

Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Act 2014 (NSW) s 98D(3).

Ibid s 98M(2).

This article was prepared in June 2014. We note that the Crimes (Domestic and Personal Violence) Amendment (Information Sharing) Act 2013 (NSW) commenced on 15 September 2014.

Olding , above n 9.

NSW Police Force, Domestic and Family Violence Policy (17 August 2012), 14 <https://www.police.nsw.gov.au/__data/assets/pdf_file/0006/145428/DV_Policy_2012.pdf>.

Email correspondence from Auld Robyn , NSW Police Senior Program Officer Domestic Violence, to Mansour Julia , 27 May 2013.