carnaroys08
Cancelled
- Sep 4, 2007
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that would be assault or battery and criminal charges would be laid under the criminal code. but yes if physical violence is used you can get a civil order as well. the dv act is not criminal in its jurisdiction, it makes civil orders and breaches are criminal acts
all that reversal stuff was cheating cannot be construed as abuse, it is not directed at the individual
You are 100% correct that the D&FV Act is civil in its jurisdiction & breaches of orders are criminal acts.
Maybe I was unclear. I'll try again.
Historically, criminal charges were rarely pursued by Police in domestic violence cases.........even if criminal offences had occurred. Black eyes, bruises all over bodies, death threats etc. etc were basically ignored by police in a criminal sense. That was the culture within Police forces and sadly probably a reflection of the community. You know, people would ignore the black eye worn by a woman. They wouldn't comment on it as it was seen to be something strictly within matrimony. One could say it was tolerated by society by way of societies silence on the matter. Police could pick & choose who the do or don't charge with the criminal offence committed during the domestic violence; usually only very serious assaults were followed up by Police with criminal charges. This left the targets of DV vulnerable & unprotected by criminal legislation.
The Queensland Domestic & Family Violence Act clearly sets out that if a criminal act has been committed during an act of domestic violence then charges need to be laid by Police. The Act basically puts a rocket up the Police and tells them to charge perpetrators with criminal offences where ever possible. Naturally Police don't have to follow this directive and to this day Police are not imo vigilant enough in laying criminal charges. However the Act puts the Police on notice that they need to fully perform their duties. Police now are very likely to pursue criminal charges in DV cases ............. imo only if a man is the perpetrator and a woman the target.
I hope that makes what I was trying to relate understandable.
When I wrote of the roles being reversed. I wanted to point out that imo Police are very hesitant & I would argue rarely charge a woman when she commits a criminal act during the course of perpetrating DV.
Imo, there is still the culture within Police Forces to tell a man to harden up & forget about it.
This double standard is unacceptable, discriminatory against men and imo is a contributing factor in men committing violent acts against women.
All violence is wrong & unacceptable.