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Date: April 29, 2024 Mon
Time: 11:50 pm
Time: 11:50 pm
Results for court orders
4 results foundAuthor: Trimboli, Lily Title: Persons convicted of breaching Apprehended Domestic Violence Orders: their characteristics and penalties Summary: Aims: To describe the characteristics of those found guilty of breaching an Apprehended Domestic Violence Order (ADVO) in NSW in 2013 and the principal penalties they received. Method: BOCSAR's Criminal Courts database provided information regarding the demographic characteristics of, and penalties imposed on, a cohort of 3,154 offenders found guilty in NSW in 2013 of breaching an ADVO as their principal offence. BOCSAR's Re-offending Database provided data regarding the number of proven court appearances in the preceding five years for a cohort of 5,023 persons with a court appearance in 2013 involving at least one proven breach ADVO. Results: Of 3,154 persons who were found guilty of breaching an ADVO as their principal offence, most were male (87.7%) and entered a guilty plea (84.6%). About one in five (22.5%) received a bond without supervision (average length=14 months) as their principal penalty; 17.8 per cent were fined (average amount=$432); 15.7 per cent received a bond with supervision (average length=16 months) and 12.4 per cent were given a custodial sentence (average length=4 months). Of 5,023 persons with a court appearance in 2013 involving at least one proven breach ADVO offence, 22.2 per cent had no proven court appearances in the preceding five years; 53.3 per cent of offenders had at least one prior proven violent offence (the main categories were assault and stalking); and 28.7 per cent of offenders had at least one prior proven breach ADVO offence. Details: Sydney: NSW Bureau of Crime Statistics and Research, 2015. 8p. Source: Internet Resource: Issue paper no. 102: Accessed May 21, 2015 at: http://www.bocsar.nsw.gov.au/Documents/bb102.pdf Year: 2015 Country: Australia URL: http://www.bocsar.nsw.gov.au/Documents/bb102.pdf Shelf Number: 135742 Keywords: Court OrdersDomestic ViolenceFamily ViolenceIntimate Partner ViolenceProtection OrdersRepeat OffendersRestraining Orders |
Author: Western Australia. Office of the Auditor General Title: A Measure of Protection: Management and Effectiveness of Restraining Orders Summary: Public and personal safety are issues of major significance to the community. For some time the community has been expressing concern about a perceived deterioration in safety and doubts have been raised about the effectiveness of restraining orders as a method of ensuring individual safety. The Restraining Orders Act 1997 has now been in place for five years and it is timely to look at how effectively it has been implemented and whether it affords the community a measure of protection. Restraining orders are court orders designed to prevent acts of violence or misconduct by requiring a person to behave in certain ways, such as to maintain a prescribed distance from the applicant. A restraining order is worded to fit particular circumstances and breaching the terms of an order can result in a fine or imprisonment. Restraining orders were first introduced in Western Australia in 1982 as an amendment to the Justices Act 1902 to deter breaches of the peace. However, over time it became apparent that there were a number of inadequacies in the use of restraining orders, including overuse of orders, inappropriate use of orders where alternative options may be more effective, difficulties with the serving of orders, and inconsistency in addressing breaches. A review of restraining orders was undertaken in 1995 and resulted in the Restraining Orders Act 1997. The new Act introduced two forms of order: violence restraining orders to deal specifically with incidents of personal violence, and misconduct restraining orders to address other non-violent forms of public nuisance such as damage to property. This dichotomy was intended to give greater priority to violence restraining orders. This examination focuses on the management and effectiveness of restraining orders. In particular, the examination uses the information gathered during the then Ministry of Justice evaluation of the 1997 Act, carried out in December 1998, as baseline data to make a comparative study of applications for restraining orders before and after the introduction of the Act. None of the evaluation's 33 recommendations for changes to legislation and regulation have been fully implemented across the State. Although restraining orders are not a stand-alone solution, they can and do work effectively within existing resources in some districts and regions of the State, but only if there is appropriate support and coordination. This is demonstrated by the coordinated approach used in the Geraldton and Armadale regions. On the whole, however, the flaws and variations in the system render the orders relatively ineffective for the protection of victims of violence. The Act has been in place for five years and yet restraining orders are not demonstrably more effective in the protection of victims of violence. Details: Perth: Western Australia Auditor General, 2002. 48p. Source: Internet Resource: Report No. 5: Accessed August 26, 2015 at: https://audit.wa.gov.au/wp-content/uploads/2013/05/report2002_05.pdf Year: 2002 Country: Australia URL: https://audit.wa.gov.au/wp-content/uploads/2013/05/report2002_05.pdf Shelf Number: 136592 Keywords: Court OrdersDomestic ViolenceRestraining OrdersVictims of Family Violence |
Author: Napier, Sarah Title: Who goes to prison for breaching an Apprehended Domestic Violence Order? An analysis of police narratives Summary: Aim: To identify the situational and offender characteristics associated with prison sentences for Apprehended Domestic Violence Order (ADVO) breaches. Method: Case narratives from police incident reports of ADVO breach incidents in NSW were analysed. Two samples were examined: (1) breach incidents where the offender involved was imprisoned (n=250) and (2) breach incidents where the offender involved received a non-custodial sentence (n=250). The nature of the breach and the characteristics of persons involved in these two breach samples were compared using descriptive data and logistic regression models. Results: The majority of ADVO breaches in both samples involved male to female offending in spousal/ex-spousal relationships, occurred in the victim's house and involved face-to-face contact. Compared with offenders in the non-prison group, a higher proportion of offenders who received a custodial penalty for the breach ADVO matter were male, Indigenous, had 5 or more prior court appearances (including prior offences for domestic violence (DV), assault and breach ADVO), had 3 or more prior prison penalties and had breached two or more conditions of their order. Breaches resulting in prison also had a higher proportion of matters involving physical assault, property damage, psychological aggression and parties who had a history of violence. After controlling for other factors, the following factors were independently associated with imprisonment for ADVO; the offender's gender, prior imprisonment, prior proven DV offence, history of violence, involvement of physical assault in the breach, victim/offender relationship and residing with the victim. Conclusion: The profile of offenders who receive imprisonment for a breach ADVO offence is significantly different from those who receive a non-custodial penalty for these offences. The nature of the breach and the circumstances surrounding the event also vary for matters where prison is imposed for an ADVO breach. Details: Sydney: New South Wales Bureau of Crime Statistics and Research, 2015. 9p. Source: Internet Resource: Bureau Brief, Issue Paper no. 107: Accessed September 14, 2015 at: http://www.bocsar.nsw.gov.au/Documents/BB/Report_Apprehended_Domestic_Violence_Order_bb107.pdf Year: 2015 Country: Australia URL: http://www.bocsar.nsw.gov.au/Documents/BB/Report_Apprehended_Domestic_Violence_Order_bb107.pdf Shelf Number: 136748 Keywords: Court OrdersDomestic ViolenceFamily ViolenceRestraining OrdersViolence Against Women |
Author: Poynton, Suzanne Title: Breach rate of Apprehended Domestic Violence Orders in NSW Summary: Aim: To estimate the proportion of ADVOs breached and identify factors associated with a breach of a final order. Method: Details of all ADVOs granted between 1 July 2013 and 30 June 2014 (inclusive) were extracted from the NSW COPS database and linked to breach ADVO incidents occurring after 1 July 2013 and before 30 June 2015 using defendant and victim identifying information. Breaches were assigned to a particular order if they occurred after the order issue date and before the order expiry date or before a higher ADVO order was issued. Multivariate analysis was undertaken to examine factors independently associated with the time to first breach of a final ADVO. Results: Overall 23,240 provisional orders, 18,045 interim orders and 24,458 final orders were issued during the observation period. The breach rate was much higher for final orders (20%), which are longer in duration, than for provisional (5%) or interim (9%) orders. When breaches occurred, most often only one incident per order was recorded (88% of provisional order breaches, 73% of interim order breaches and 64% of final order breaches). Of all ADVOs which did record a breach, 34% were breached within one month of being granted, 23% within 1-3 months and 18% within 3-6 months. Male, Indigenous and younger POIs breached their final order sooner than other defendants. Final orders protecting just one victim, non-Indigenous victims or victims aged less than 20 took longer to be breached. Conclusion: Only a minority proportion of ADVOs record a breach whilst the order is in effect. Where a breach does occur it most often happens soon after the order is issued and involves a single incident. Details: Sydney: New South Wales Bureau of Crime Statistics and Research, 2016. 6p. Source: Internet Resource: Issue paper no. 119: Accessed November 16, 2016 at: http://www.bocsar.nsw.gov.au/Documents/BB/Report-2016-Breach-rate-of-Apprehended-Domestic-Violence-Orders-in-NSW-BB119.pdf Year: 2016 Country: Australia URL: http://www.bocsar.nsw.gov.au/Documents/BB/Report-2016-Breach-rate-of-Apprehended-Domestic-Violence-Orders-in-NSW-BB119.pdf Shelf Number: 147315 Keywords: Court OrdersDomestic ViolenceFamily ViolenceIntimate Partner ViolenceProtection OrdersRestraining Orders |