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In this Act, stalking includes the following:

1. the following of a person about,

2. the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity,

3. contacting or otherwise approaching a person using the internet or any other technologically assisted means.

For the purpose of determining whether a person’s conduct amounts to stalking, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.

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(i) the person has been subjected on more than one occasion to conduct by the defendant amounting to a personal violence offence, and (ii) there is a reasonable likelihood that the defendant may commit a personal violence offence against the person, and (iii) the making of the order is necessary in the circumstances to protect the person from further violence, or
(d) the court is satisfied on the balance of probabilities that the person has reasonable grounds to fear the commission of a domestic violence offence against the person.

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b) the person is in the opinion of the court suffering from below general intelligence

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b) the person is in the opinion of the court suffering from below general intelligence

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1. For the purposes of this Act, intimidation of a person means:

1. conduct (including cyberbullying) amounting to harassment or molestation of the person, or

Note. An example of cyberbullying may be the bullying of a person by publication or transmission of offensive material over social media or via email.

1. an approach made to the person by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety, or

2. any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or of violence or damage to any person or property.

3. For the purpose of determining whether a person’s conduct amounts to intimidation, a court may have regard to any pattern of violence (especially violence constituting a domestic violence offence) in the person’s behaviour.

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It is not necessary for the court to be satisfied that the person for who is applying for the protection order infact fears that such an offence will be committed, or that such conduct will be engaged in.

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o Inadequate response
– Breach not reported through police discretion; Not proactively handling and properly investigating the incident
o Inconsistent response
– Depending on who the victim is (eg. indigenous women; vulnerable women); Charging w/ breach of AVO rather than more serious assault  Police less likely to take action in domestic living situation
o Aiding and abetting
– Victim of DV may come into contact w/ perpetrator (willingly) Charging the victim; doesn’t take into account that DV is a cycle. Not something the law should punish as it is part of the profile of a DV victim. In 2007, amendment that now Person in need of prosecution (PINOP) cannot be charged w/ aiding and abetting.

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1) Intention to cause the person to fear physical or
mental harm, s 13 CDPVA

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1) Stalking or intimidation causing an apprehension
of imminent violence, s 13 CDPVA
a) Stalking (s 8): following a person about or watching or frequenting the vicinity of, or an approach to a person’s residence, business or work or any place that person frequents for social / leisure activity
b) Intimidation (s 7):
i. Conduct amounting to harassment or molestation, or
ii. An approach made to the person by any means (inc. telephone, sms, email) that causes the person to fear for his/her safety, or
iii. Any conduct that causes reasonable apprehension of injury to a person or person whom he/she has a domestic relationship, or of violence / damage to a person or property

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Fear of intimidation and fear of stalking with whom the person has a domestic relationship

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The other person had reason to engage with the victim

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s11 - Meaning of 'Domestic Violence Offence' - this is an offence committed by a person against another person who the other person has or had a relationship with.

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S 17 (1)
- must consider the safety and protection of of the person and any child directly and indirectly affected by the conduct

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13 - Stalking or intimidation with intent to cause fear of physical or mental harm

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13 - Stalking or intimidation with intent to cause fear of physical or mental harm

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a) stalks or intimidates with intention of causing fear
b) causing a person to fear mental or physical or mental harm
c) known that it is likely to cause fear

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(a) if the person is--
(i) a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law, or (ii) a son, daughter, grandson, grand-daughter, step-son, step-daughter, son-in-law or daughter-in-law, or (iii) a brother, sister, half-brother, half-sister, step-brother, step-sister, brother-in-law or sister-in-law, or (iv) an uncle, aunt, uncle-in-law or aunt-in-law, or (v) a nephew or niece, or (vi) a cousin,
of the other person, or (b) where the person has a de facto partner (the
"person's partner" )--if the other person is--
(i) a father, mother, grandfather, grandmother, step-father or step-mother, or (ii) a son, daughter, grandson, grand-daughter, step-son or step-daughter, or (iii) a brother, sister, half-brother, half-sister, step-brother or step-sister, or (iv) an uncle or aunt, or (v) a nephew or niece, or (vi) a cousin,
of the person's partner.

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Meaning of 'Personal Violence Offence' s4

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Meaning of 'Personal Violence Offence' s4

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section 19A, 24, 25, 26, 27, 28, 29, 30, 31, 33, 33A, 35, 35A, 37, 38, 39, 41, 43, 43A, 44, 45, 45A, 46, 47, 48, 49, 58, 59, 61, 61B, 61C, 61D, 61E, 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 61L, 61M, 61N, 61O, 65A, 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 73, 73A, 78A, 80A, 80D, 86, 87, 91P, 91Q, 91R, 93G, 93GA, 110, 195, 196, 198, 199, 200, 562I (as in force before its substitution by the Crimes Amendment (Apprehended Violence) Act 2006) or 562ZG of the Crimes Act 1900.

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ADVO’s enforced by police if breach reported – breach ADVO regarded as serious criminal offence

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An offence committed by one person to the other with whom the person has or had a relationship with

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Any person with fear of violence from another may bring application – if in domestic
relationship will be ADVO

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A registrar may make an order if it appropriate and there is consent by the protected person and consented to by the defendant

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Applying for ADVO ss 15-17. Does not have to be actual physical violence.
S.17 prohibitions/restrictions, factors to be taken into account.

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25   Application by telephone, facsimile or other communication device

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25   Application by telephone, facsimile or other communication device

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s 36 - Prohibitions taken to be specified in every apprehended violence order

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s 36 - Prohibitions taken to be specified in every apprehended violence order

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a) assaulting or threatening a person
b) stalking, harassing or intimidating
c) destroying property

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Often quicker, cheaper than FLA provisions

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7 - intimidation - conduct amounting to harassment or molestation of the person

8 - stalking - following, watching, frequently visiting or contacting

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s 16- the person has reasonable grounds to fear the commission of domestic violence- civil standards

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A court may make an interim apprehended violence order if it appears to the court it is necessary or appropriate to do so.

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Defining domestic relationship - ss 5 and 5A

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Defining domestic relationship - ss 5 and 5A

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- married
- de facto
- intimate personal relationship
- person living/lived with offender
- r/ship with ongoing care
- relative
- dependent and paid carer

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Apprehended Personnel Violence Order (Part 5)
s 55(4)- difference between ADVO

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- ensure the safety of victims and witnesses including children
- reduce and prevent violence
-

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A court may, on application, make an apprehended domestic violence order if it is satisfied on the balance of probabilities that a person who has or has had

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Crimes (Domestic and Personnel Violence) Act 2007

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Appehended Domestic Violence Order (Part 4)
s 99(3)