Attorney-General John Rau seeking to close loopholes that leave domestic violence victims at further risk

LAWS to protect victims of abusive partners will be strengthened to crack down on breaches of protection orders and force offenders to pay for rehabilitation.

LAWS to protect victims of abusive partners will be strengthened to crack down on breaches of protection orders and force offenders to pay for rehabilitation.

Attorney-General John Rau will on Wednesday introduce legislation to address concerns raised by domestic violence victims about loopholes in the system which leave them at risk.

Victims and advocates, including the family of murdered mother Zahra Abrahimzadeh have welcomed the long-awaited changes.

Mr Rau said the changes would ensure authorities worked better together to prevent abusers from breaching conditions of orders that are meant to keep them away from their victims.

Latest figures show more than 1500 breaches of such orders are reported in a year.

Victims and advocates have welcomed the long-awaited changes.

“Intervention orders are designed to protect people who are at risk of violence, threatening and controlling behaviour,” Mr Rau said.

“We must ensure that the system has the appropriate mechanisms to respond to these incidents effectively.

“There will be greater clarity in the making of orders ... police being aware of any changes made to orders and less opportunity for inconsistency.”

Laws introduced in late 2011 made it easier for police to impose intervention orders on abusers however offenders violate their conditions — such as to stay away from a victim’s home, school or workplace — frequently.

In November, The Advertiser reported the Government was examining ways to “tighten” intervention orders and give protections set out in them greater weight in custody battles, to stop offenders using the Family Court process to continue harassing their victims.

Yesterday, Attorney-General John Rau outlined details of legislation he will put to Parliament today.

The changes will allow police to apply for an interim protection order on behalf of a frightened victim based on reports from the victim, their family members or neighbours without needing hard evidence in the first instance.

This will give them time to gather evidence for a long-term order.

Other changes include:

REQUIRING courts to notify police when a protection order is changed or cancelled, such as at the request of the abuser.

REQUIRING magistrates to check if an offender is subject to a custody order and take that order into account when setting conditions for the intervention order. This could prevent a victim having to face their abuser when exchanging custody of a child, for example.

OFFENDERS who breach an order and are made to attend a treatment program can be made to pay for the treatment and be fined if they do not attend.

Many victims have told The Advertiser they have no faith in intervention orders because breaches are not prosecuted.

Arman Abrahimzadeh’s mother, Zahra, was killed by her abusive husband in 2010.

Her killer was under an intervention order at the time but it had been varied to allow him to attend an event at the Convention Centre, where he stabbed Mrs Abrahimzadeh.

Mr Abrahimzadeh said it took a number of weeks for the protection order covering his mother to be served.

He said that enabling police to more easily impose a protection order would give victims peace of mind.

“Some women don’t leave abusive relationships because everything is such a time-consuming process ... by the time you lodge something and get the evidence,” he said.

“In the four or six-week period, we weren’t really feeling safe because we knew that if anything was to take place, we wouldn’t have anything (an order) to show police or the courts.”

The daughter of murder victim Graziella Daillér, who was killed by her violent, estranged partner, supported the Government’s plans when flagged last year.

Natasha Palmer called for harsher penalties and law changes to ensure abusers respected the conditions of protection orders.

She said Ms Dallier’s killer, Dion Muir, was repeatedly allowed to harass her, despite being under an intervention order.

Victim Support Service deputy chief executive Jodie Sloan said it appeared the Government had “heard our calls to look at where the justice system is falling short in responding to the needs of victims of domestic violence”.
“It appears to be taking steps to increase victims’ safety by improving collaboration between courts and the police,” Ms Sloan said.

Latest figures show about 1500 breaches of intervention orders were reported in 2012-13.

There is no minimum penalty for breaching an intervention order but there is a maximum penalty of two years’ jail.

The Government has not moved to increase penalties for breaches but has introduced a penalty for offenders who fail to attend mandated treatment programs.