Policy on Domestic Violence

Most people imagine they have a good idea of what a Domestic Violence Act does. They imagine a Domestic Violence Act applies to women who are bashed up by their husbands and end up in hospital. When the wife gets out of hospital, she decides to leave her husband, but he wants to force her to move back in with him, so she takes out a domestic violence order against him. That is what most Australians think a Domestic Violence Act does, and what we think it should do.

In reality, a Domestic Violence Act contains a “politically correct” definition of domestic violence, in which domestic violence is defined as including just about anything a woman might object to. The “politically correct” definition of domestic violence includes:

  • raising your voice when speaking to your wife
  • giving your wife less of your pay than she thinks you should
  • forgetting your wedding anniversary
  • slapping your children for misbehaving
  • “grounding” your children for misbehaving

Furthermore, the government can bring a domestic violence case to prevent a wife living with a husband, even if the wife doesn’t want the case to be brought, and wants to continue living with the husband. Further, no evidence of domestic violence is needed, but anyone can make up that the domestic violence took place, and need not even appear as a witness.

If any of our candidates are elected to a State or Territory Parliament, we will introduce a private member’s bill called the Domestic Violence Bill to replace the existing legislation. Our law will only apply to situations where a wife or de facto has been hit so as to cause bruising or similar or greater bodily harm. The court will not be able to make an order without the wife’s agreement. The court will not be able to “inform itself as it thinks fit”.

Under our Domestic Violence Act, the wife or de facto will be able to apply for a restraining order, preventing the husband from going anywhere near the place where the wife has moved. A restraining order will not be available to prevent the husband living at his usual place of residence. If the husband makes a legally enforcable undertaking to the court not to go anywhere near the wife’s new place of residence, the court will accept that as good enough, and will not make a restraining order. If the husband breaches the restraining order or his undertaking, he will be subject to the same penalty as at present.