How can they follow the rules if they don’t know what they are?
Domestic Violence Orders (DVOs) are designed to keep survivors of violence safe from perpetrators. A significant and recurring issue in the Top End is the defendant (perpetrator) failing to understand and adhere to the terms of the DVO.
It’s normal for defendants not to show up when the survivor’s DVO application is being heard in court, and if they do attend, defendants are often left without legal representation. While there is a duty lawyer available for defendants in Darwin, there are no free legal services available for defendants in Katherine or remote communities. Defendants who come to court will often agree to the DVO without a proper understanding of the rules because they can’t afford to pay a private lawyer to explain it to them.
At NAAFLS we believe having limited free representation for defendants diminishes the power of the DVO and puts survivors more at risk. Defendants need a lawyer to explain the court process to them and ensure that they understand what the DVO rules are, including using interpreters where required, which can be missed if the defendants don’t have their own lawyer. How can defendants follow the rules if they don’t know what they are? We believe there are three key reasons why representation for defendants needs to be addressed.
Reason one: jail doesn’t prevent violence
There are serious penalties for breaching the rules of a DVO. A court can and does sentence defendants to prison terms or huge fines if they break the rules of the DVO. Locking up defendants doesn’t make them less violent and doesn’t protect the victim in the long run. If defendants are represented in the original DVO proceedings, they have better support to understand the rules of the DVO and penalties for breaching them. The result is better protection for survivors.
Reason two: understanding the impact of violence
Omitting the perpetrator of violence from the legal process misses an important opportunity in violence prevention. When asking the court for a DVO, the survivor describes their account of the abuse. This process gives the defendant a chance to understand how their violence affects others. When defendants are represented, they are more accountable for their actions, and offers opportunities to find better behaviour management support.
Reason three: less room for error
The reality is that sometimes DVOs are wrong and once a DVO is made, it’s very hard to have it reversed. Having legal representation for defendants means they have an advocate who can put their story forward, resulting in less mistakes and better outcomes.
Better funding for defendant legal representation
NAAFLS urges the Government to expand funding for DVO defendants. Almost all funding is directed to services for survivors and omitting defendants from the process can result in poor DVO compliance. Representation for defendants will improve the legal process and promote the protection of those who need it most.
