GIVING police the power to issue intervention orders on-the-spot without going through the courts could open up a new way for abusive partners to exercise power over their victims, a Bendigo legal body believes.
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The Loddon Campaspe Community Legal Centre deals with multiple intervention orders per week for its clients who are required to go to court, and was concerned about a Victoria Police request for officers to be able to issue their own domestic violence orders.
Police currently have the power to issue temporary orders before they are confirmed by a magistrate in court.
Chief Commissioner Graham Ashton reportedly wants police to be able to issue permanent orders so victims can avoid having to go to court where they are likely to face their perpetrators.
But LCCLC principal lawyer Lindy Harland said when police are called to family violence situations, tension is usually heightened and it can be difficult to determine who the primary aggressor is.
“The main concern in Bendigo is the misidentification of the primary aggressor by police,” she said.
“Often a female may be acting out after experiencing prolonged violence and aggression from their partner, to a point where they can’t take anymore.
“Police will take the parties aside and see who is the primary aggressor. Often the male can be quite manipulative and we have seen many cases where the woman is misidentified as the primary aggressor.
“This is backed up by the statistics. Family violence is gendered.”
Ms Harland described their duty day in court as “very busy” and the legal service struggles to cope with the number of people requiring assistance.
She said a better way to improve the system would be to provide more support “on the ground”, as family violence victims are often required to complete their own paperwork without legal advice.
LCCLC was confident the planned relocation of the Bendigo Law Courts could address this shortcoming, but greater ongoing funding would still be needed.