• Australia's domestic violence laws aim to protect those most at risk from assault in the home.The girl expresses the emotions image by Mykola Velychko from Fotolia.com
  
  Australia has a comprehensive set of laws designed to punish offenders and deter would-be offenders of domestic violence, as well as aid victims and protect people most at risk for domestic violence. The laws in Australia are enacted at the commonwealth, state and territorial levels, which result in jurisdictional variations in the practice of domestic violence law across the country. According to The National Council to Reduce Violence Against Women and Their Children, there is no substantial difference between jurisdictions as to what constitutes domestic violence and the types of protection orders that can be sought and enforced.
  
  

Definition

• Although there are some jurisdictional differences, the definition of domestic violence is similar in all states and territories. Broadly, domestic violence law in Australia has to do with courts issuing protection orders based on whether a defendant has committed or may commit a particular type of conduct against a person with whom he or she has a particular relationship. In every region, physical and sexual assault, intentional damage to personal property or pets, or threats of these, fall under the realm of domestic violence. In some jurisdictions there is specific legislation targeted at economic, emotional and psychological abuse but this is not consistent across the commonwealth.
  
  

Protection Orders

• The process of obtaining a protection order in Australia falls under civil law, not criminal law, even though the basis for the protection order may be previous criminal conduct against the petitioner. The standard of proof in civil proceedings is based on probabilities, and the powers of the police and courts can be more specifically restricted compared with similar provisions under state and territory criminal law. In all jurisdictions, any breach of the terms of a domestic violence protection order is considered a criminal offense. Depending on the nature of the breach, consequences can range from fines to imprisonment. Protection orders can impose various restrictions, including forcibly removing the offender from a shared living arrangement and imposing minimum distances from places of work and other places where the victim is likely to go.
  
  

Police Obligations

• Australian domestic violence law includes obligations imposed on police where they encounter incidents of domestic violence. Generally, police officers are required to investigate all cases where there is a reasonable suspicion that domestic violence has occurred or will occur, and they are given the power to apply for emergency protection orders if the results of the investigation strongly indicate violence or other abuse. In all jurisdictions, police are given the option to seek protection orders. In some areas, officers must document why they feel a protection order is necessary, if it is not sought following an investigation.
  
  

Counseling Requirements

• The application of referring domestic violence offenders to counseling or rehabilitation programs differs greatly across jurisdictions. Key areas where the states and territories disagree are whether or not counseling or rehab orders and referrals are mandatory and when such orders can be made. In most jurisdictions, whether or not a court issues an order or a referral is at the discretion of the court, but in Victoria and the Northern Territory, counseling orders are mandatory and come with criminal penalties if the offender does not comply. In every jurisdiction except Tasmania, the order is made when a protection order is issued. In Tasmania, however, the order for counseling is given during sentencing of a domestic violence offense.
  
  

Relationships Covered

• In every region, domestic violence law only applies when the victim of the violence, or threats of violence, is in a particular kind of relationship. To qualify conduct as domestic violence, the victim must be one of the following in relation to the perpetrator: a spouse or de facto (common-law) partner, a same-sex partner, a child or step child, a child of a de facto partner, or someone else generally considered to be a relative. Exceptions to this are the Tasmanian and South Australian laws that only allow domestic protection orders for spouses and de facto partners. All others may seek restraining orders under other laws.