The article called for “a war on domestic violence”, “more solid” policing and substantial jail terms for breaching the terms of an ADVO.
The article was published in the wake of three domestic violence deaths in NSW, in less than two months. In at least one of these cases the victim had an ADVO against her husband.
Dr Don Weatherburn from the NSW Bureau of Crime Statistics and Research (BOCSAR) was quick to refute the claims made in the Daily Telegraph. Weatherburn asserted that the majority of women who have taken out ADVOs believe them to be effective in deterring further violence from their partners. Weatherburn referred to a recent survey [http://bit.ly/15s4zKR] which found that 98 per cent of women who had experienced physical violence no longer did so after taking out an ADVO.
An earlier BOCSAR evaluation of the NSW Apprehended Violence Order Scheme also found that for the vast majority of respondents there was a significant reduction in stalking, physical assaults, threats of physical assault, verbal abuse, nuisance phone calls, and other forms of intimidation and harassment six months after the ADVO was granted, even among those who remained in contact with the defendant.
Sydney Women’s Domestic Violence Court Advocacy Service (Sydney WDVCAS) assists women in approximately 1,800 ADVO matters annually at the Downing Centre, Newtown, Balmain and Waverley Local Courts.
Most Sydney WDVCAS clients express satisfaction with the protection offered by their ADVO, in particular with the ability to tailor the ADVO to meet their individual safety needs, whether or not they are still in a relationship with the defendant.
The Daily Telegraph article also generated debate about the policing of breaches of domestic violence, criticising the response of police and the judiciary to breaches.
It is not the experience of Sydney WDVCAS that almost half of the ADVOs obtained by clients are breached by the defendant, as reported in the Daily Telegraph.
Sydney WDVCAS statistics show that approximately 18 per cent of clients report a breach of their ADVO. In our experience, police will generally prosecute a breach where there is enough evidence.
Unfortunately, some breaches are very difficult to prove. In particular, the growing use of technology to perpetrate domestic violence has made it difficult to prove those offences, including breaches that make use of new and emerging technology.
When an ADVO breach is proven the court has a range of sentencing options, including imprisonment for up to two years, a fine of up to $5,500, or both. Sydney WDVCAS statistics show that the most common sentence applied to the breach of a client’s ADVO is a good behaviour bond.
Studies show that ADVOs are very effective in stopping violence against women. However for a small number of women an ADVO will not provide all the protection they need.
As well as assisting clients to obtain an ADVO tailored to their requirements, Sydney WDVCAS staff discuss safety plans with clients. We help clients to access refuge accommodation, or refer them to services such as Staying Home Leaving Violence for a safety audit and assistance to upgrade the safety of their living arrangements.
Following the city launch site for the [http://bit.ly/1HVjJIB] in the Waverley Local Court catchment area, victims of domestic violence are now referred by police to a Local Coordination Point managed by Sydney WDVCAS. Where a victim is assessed as being at “serious threat”, their case is referred to a Safety Action Meeting (SAM) where relevant services formulate a safety action plan.
Through this coordination, services are able to undertake certain actions in order to mitigate the risk to the victim, including moving house where the victim is eligible (Housing NSW), a safety audit and upgrade (Staying Home Leaving Violence) and welfare checks by NSW Police. It is hoped that these reforms, although still in their infancy, will better address the risks women face after leaving violent relationships.
