The rates of FDV in Australia show that 1 in 4 (23% or 2.3 million) women have experienced violence from an intimate partner since the age of 15. And, 1 in 14 (7.3% or 693,000) men have experienced violence from an intimate partner since the age of 15 (ABS 2023a).
In keeping the statistics, our practice receives calls from predominantly men who’ve been charged by police with breaching a FVRO or have had one placed on them due to an alleged act of violence against their now estranged partner. The caller variably tells us that the breach or the actual FEO in the first place is that merit.
Typically on a Monday morning, we receive calls from again predominantly females asking us to assist them to remove an interim restraining order occasioned by an incident over the weekend involving alleged violence.
Our standard response is to advise the caller that we cannot assist her in any way shape or form and that she will have to contact the police directly. It is the case that alcohol and drugs were involved at the time of the alleged incident police were either called one or the other party or neighbour hearing loud voices and other sounds seemingly consistent with violence. It is not the job of a lawyer to try and unwind what has occurred over the weekend.
What we have described as the “Monday DV Call” suggests to us that not all domestic violence complaints are valid. For a number of reasons calling the police in the early hours of any given morning by both women and men complaining of being assaulted is sometimes a reaction to the circumstances falling well below what one would regard as family violence. What this all suggests is that it is easy to phone the police and complain about someone’s behaviour but our experience is that it is much harder to prove it in court
If you have been served with an interim restraining order then call us immediately for comprehensive legal advice as to your options.
