Domestic violence often leaves victims feeling helpless and trapped in fear. Despite existing laws, the issue remains widespread, with recent Australian police data revealing that 1 in 4 women experience domestic violence in their lifetime.
In response, the NSW government introduced the Crimes (Domestic and Personal Violence) and Other Legislation Amendment Bill 2024, aimed at strengthening penalties for offenders and enhancing protection for victims. On September 25, 2024, the new law was passed in New South Wales to improve the safety of individuals affected by domestic and family violence.
The amendments include tougher penalties for breaching domestic violence orders and the introduction of a new order to prevent serious abuse. Additionally, the law expanded the definition of “stalking” to include technological methods, such as GPS tracking.
Moreover, the new law allows single parents to change their child’s name with court approval, a significant shift from the previous requirement that both parents must consent to the name change. This amendment aims to protect children’s information from being disclosed to the other parent, particularly in cases involving safety concerns.
Harsher Penalties for Breaching Apprehended Domestic Violence Order
The new law increases penalties for breaching an Apprehended Domestic Violence Order (ADVO) to up to 5 years, a significant increase from the previous maximum of 2 years. This tougher penalty aims to deter offenders and strengthen legal protections for victims. An ADVO is a common court order sought by victims of domestic violence, which may include prohibitions on contacting the victim, restrictions on approaching certain locations, and bans on violent behavior.
The new offences focus on two types of breaches:
- Intentional breach: This occurs when the offender deliberately harms the victim or causes them to fear for their safety, whether through physical or emotional harm. A conviction can result in up to 3 years of imprisonment, a fine of up to $11,000, or both.
- Persistent breach: This applies to offenders who repeatedly breach an ADVO within a 28-day period. If convicted, they could face up to 5 years of imprisonment, a fine of up to $16,500, or both.
Serious Domestic Abuse Prevention Orders (SDAPOs)
To further protect the safety of victims’ family members and prevent offenders from engaging in further abuse, the court has introduced a new order: the Serious Domestic Abuse Prevention Order (SDAPO). This order allows the court to impose specific restrictions tailored to each case, targeting high-risk offenders with a history of serious domestic violence or multiple offenses, regardless of whether they have been convicted.
Eligibility
The SDAPO can only be issued for offenders who are at least 18 years old and meet one of the following conditions:
- They have been convicted of two or more serious domestic violence offences in the past 10 years.
- They have been involved in serious domestic abuse activities, even if they were never convicted. “Serious domestic abuse activity” refers to any act of domestic violence that, at the time it occurred, would have been considered a serious offence with penalties of up to 14 years imprisonment. This requirement can still be met if relevant supporting documents are provided in the application, regardless of whether the offender was convicted or acquitted.
What is covered by SDAPO?
The court can impose various restrictions under an SDAPO, such as:
- Prohibiting contact with certain people (family, partners, etc.)
- Monitoring online activity (e.g., social media, dating apps)
- Requiring reports to police
Breaching an SDAPO can result in severe penalties, including up to 5 years in prison and fines of up to $33,000. The orders are valid for up to 5 years, and the court has the power to adjust or cancel the order if needed.
However, it is important to note that while the SDAPO offers flexibility, the court must be convinced that there are reasonable grounds to believe the order will protect one or more individuals by preventing the offender from engaging in domestic abuse. This protection can extend to family members, current or former intimate partners, potential partners, and anyone in a domestic relationship with the offender’s intimate partner.
Conclusion
As seen above, the NSW government has taken a strong stance on combating domestic violence by implementing tougher penalties for offenders and providing stronger protection orders for victims. These amendments are designed to complement existing laws, offering reassurance to victims that justice will prevail in the fight against domestic violence.
