Domestic Violence
7. Criminal Charges
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015
- Domestic violence is a criminal offence.
- The police have a duty to arrest and charge anyone they reasonably suspect has committed a crime including assault connected with domestic violence.
- The police are responsible for making the decision about whether or not to proceed with a criminal charge. This decision is not up to the victim although their view is an important consideration and the police will take it into account when assessing whether to continue with a prosecution.
- The victim can be called as a witness for the prosecution. There are special arrangements in court for victims to give evidence in domestic violence cases. They include:
- giving evidence from another room in the court building so you do not have to see the offender;
- having a support person present while giving your evidence;
- closing the court room to the general public while you are giving your evidence; and
- providing you with a ‘safe’ room where other members of the public are not allowed to enter.
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