Bullies and cowards face greater penalties for breaching protection orders to crack down on domestic violence

THUGS, bullies and cowards would face greater penalties for breaching protection orders under plans being considered by the State Government to crack down on domestic violence.

THUGS, bullies and cowards would face greater penalties for breaching protection orders under plans being considered by the State Government to crack down on domestic violence.

Status of Women Minister Gail Gago also wants to give protections set out in intervention orders greater weight in custody battles, to stop offenders using the Family Court process to continue harassing their victims.

Ms Gago has flagged “tightening” intervention orders, including considering harsher penalties, and moves to make it harder for abusers to “manipulate” Family Court orders.

She has the support of victims and advocates, including the daughter of murder victim Graziella Daillér, who was killed by her violent, estranged partner.

Ms Gago said she had asked officials to draw up options for reform.

“We are looking to tighten provisions around intervention orders in response to concerns that have been raised ... like breaches of intervention orders that are reported to police and the allegation is that they’re not followed up,” Ms Gago said.

“One thing that we’re looking at is greater penalties.

“Women are also saying that perpetrators are still using Family Court orders to get access to their victims.

“They use it to manipulate a situation so they’ve got access to the victim and the harassment and violence can continue.”

Ms Gago said changes were needed because the current system “just exhausts” some victims.

“Some of them just end up so frustrated, so exhausted, so confused that they just stop trying to use the right processes to protect themselves,” she said.

“(They) just completely run out of puff.”

Laws introduced in late 2011 made it easier for police to impose intervention orders on abusers and in their first year of operation officers issued almost 1800.

However, abusers violate these orders frequently. In 2012-13 there were more than 1500 reported breaches.

There is no minimum penalty for breaching an intervention order but there is a maximum penalty of two years’ jail, or a maximum fine of $1250 for not attending compulsory programs.

The Government could set a minimum penalty or raise the maximum penalty to enable magistrates to impose tougher sanctions.

Graziella Daillér’s daughter, Natasha Palmer, said victims wanted a harsher message sent to abusers.

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

“There definitely needs to be harsher penalties. He (Muir) just got a slap on the wrist every time,” Ms Palmer, 23, said.

She said Mr Muir vandalised Ms Dallier’s workplace, drove past her house and wrote to her while in police custody.

“I don’t understand how that’s allowed to happen if he’s supposed to have no contact with her,” Ms Palmer said.

“My mum was so let down, something really just needs to be done.”

Domestic violence kills at least one woman a week and costs Australia $13 billion each year.

SA police respond to about 10,000 domestic violence incidents annually.

Last week, The Advertiser revealed SA Police are establishing the Family and Domestic Violence Branch to ensure a more co-ordinated and focused response to incidents reported by victims or detected by other agencies.

Deputy Police Commissioner Grant Stevens has said officers should take seriously every report of domestic violence or breaches of intervention orders.

Opposition deputy leader and status of women spokeswoman Vickie Chapman said Ms Gago should work with senior police to ensure breaches are acted on “rather than just dealing with extra penalties”.

“Its not just an enforcement issue, it's a question of taking it to the prosecution level of a breach, taking it seriously,” Ms Chapman said.

Eva Bailey, a senior associate at Andersons Solicitors, specialising in family and criminal law, said breaches could attract “anything from a fine to imprisonment”.

“It would depend on the seriousness, the number of breaches, the circumstances of the particular case and the circumstances of the offender,” she said.

“Imprisonment could be suspended or they could get a good behaviour bond.”

Ms Bailey said the Government could impose a minimum penalty for breaches or increase the maximum “which would show that (members of) Parliament are taking it quite seriously”.

“They could also put in a term that a magistrate must consider whether a term of imprisonment is appropriate,” she said.

UniSA domestic violence researcher Dr Sarah Wendt said ensuring “there are consequences for breaches of intervention orders is vital”.

“Women need to know this is an option that can protect them,” she said.

“If breaches aren’t taken seriously, women don’t feel safe and feel like they (intervention orders) are a waste of time.”

Intervention orders are made under state law, while Family Court orders are set by federal law, which takes precedence.

It is very rare that a custody order is made preventing all contact with a parent, although it may be restricted to supervised visits or phone calls.

There is a provision where a state court can modify a Family Court order if there is a new or existing intervention order and new evidence to put before a magistrate, such as an assault.

Ms Gago said she had received feedback that the provision was not being used.

Ms Chapman said that “There’s power to do it, there’s now got to be the will to do it”.

Ms Bailey said a magistrate may be able to address issues more quickly but the Family Court was better placed to make decisions about children.

For advice or support phone the Victim Support Service on 8231 5626 or 1800 182 368, Domestic Violence Crisis Service on 1300 782 200 or the Domestic Violence Gateway Service 1800 800 098, 24 hours.