NCJ Number
90228
Date Published
1982
Length
6 pages
Annotation
Where criminal processing is likely to be ineffective in dealing with a domestic assault case, a restraining order could be used in Australia, enforceable by State police in State courts of summary jurisdiction, equipped with counseling and referral services, and backed up by a welfare-based mobile crisis intervention unit such as is currently used in South Australia.
Abstract
The criminal processing of domestic assault cases is often ineffective because of the unwillingness of the victim to press charges, the paucity of evidence, and the law's inability to deal with chronic harassment. An effective alternative would be the restraining order, backed up with a power of arrest on breach of that order. The Commonwealth Family Law Act, which applies only to parties married to each other, has provided the most progressive example of such a provision to date. The family court is vested with wide discretion to make appropriate orders, such as orders not to molest or assault the other spouse, orders prohibiting a spouse from coming onto the premises or into the vicinity of premises occupied by the other spouse, and orders requiring one partner to vacate the matrimonial home to enable the other to have exclusive occupation. The major weakness of the legislation is the cumbersome nature of its enforcement provisions and the inability of State police to enforce breaches of injunctions. Police powers should be expanded to permit prompt arrest for breaches of injunctions. These powers could be supplemented by the services of the crisis care unit of the Department for Community Welfare, a 24-hour mobile crisis intervention service.