By Wajiha Ahmed
Traditionally we might think about violence as being in a form which is physical, verbal or mental. However, it is important to remember that these days we are all technologically connected to everyone else and this means that fear and intimidation could also occur using a mobile phone or social media such as Facebook. Financial control can also be considered a way to threaten another person.
There are a number of international treaties that Australia is a party to that encourage the safety of women and children from any form of violence. NSW’s legislation called “Crimes (Domestic and Personal Violence) Act 2007” makes it illegal for someone in a domestic relationship (i.e. married or de facto) or a relative (such as a parent or sibling) to engage in behaviour which may cause harm or intimidate another person using some of the following forms:
- harassment or molestation;
- approaching the other person (using telephone, telephone text messaging, e-mailing and other technology);
- any conduct that causes a reasonable person to fear injury to them or a person that they have a relationship with or of violence of damage to any other person or property;
- stalking which can include following or watching or frequenting the vicinity of where a person lives or works;
- causing mental, financial or physical harm to another or a person with whom they have a domestic relationship.
These are some of the examples that the Act state that are considered illegal. The Act further imposes a number of penalties which include personal violence orders, which if granted, means the person causing the harm is precluded from approaching the protected person or a person with whom they have a relationship.
What does domestic violence look like in real life?
To illustrate the legislation in a convenient manner, let us assume the case of Sadia and Bilal [1] (not a real case, only for illustrative purposes). Sadia has been married to Bilal since 2010. Sadia was born in Pakistan and has been in Australia since 2011. Bilal was born in Australia and agreed to this arranged marriage, but is not very happy about it. Sadia does not speak very good English and since arriving in Australia, Bilal spends long hours at work and he does not let her have access to bank accounts. He gives her $200 a week to buy groceries and anything else she needs. He gets angry that she still doesn’t know how to speak English and yells at her. They have a 2 year old son together and Bilal and recently started yelling at him also. Sadia is scared to tell her family in Pakistan and doesn’t know what to do. She has limited friends in Australia and is too ashamed to tell anyone what is going on. Her son needs some medical attention and she is unable to get access to funds or to medical services and Bilal is not helping her out.
How Domestic and Personal Violence Act can help?
Bilal may not know that his behaviour is illegal in NSW, and Sadia may find some benefit in contacting Relationships Australia to seek some counselling for her and Bilal. The issue may be in communication between her and Bilal and the issue may be able to be resolved as it is explained to Bilal about his behaviour. However, if the violent and threatening behaviour was of a level that was causing Sadia great concern, then it may be worthwhile to call the NSW Police to seek advice on obtaining a domestic violence order for her and her son’s protection. The Police are able to provide an interpreter for Sadia also to ensure she is properly understood. There are also temporary accommodation locations available for women and children like Sadia through St Vincents or the Salvation Army, along with women’s shelters in various suburbs. The Police can guide and provide information to her if she is scared to go home.
There are lots of online resources available if you are a victim of domestic violence (which have been included below) or if you know of anyone who is a victim. It is important to ensure we don’t stay silent and help our women and children when they are being put through this situation.
Next steps:
1. For all relationship issues you might wish to contact http://www.relationships.org.au/
2. If you are scared for your own safety or someone you know, then contact NSW Police http://www.police.nsw.gov.au/community_issues/domestic__and__family_violence
3. For more information about temporary accommodation or who else you can contact see http://www.domesticviolence.nsw.gov.au/home
There are lots of online resources available if you are a victim of domestic violence (which have been included below) or if you know of anyone who is a victim. It is important to ensure we don’t stay silent and help our women and children when they are being put through this situation.
[1] This is not a real case and the names are used are only for illustrative purposes.
Wajiha Ahmed is Sydney-based Lawyer, who is currently on the NSW Police Multicultural Advisory Committee and the NSW Law Society Human Rights Committee.
Note: This article is for information purposes only and does not constitute legal advice and is the views of the author only. The author is
