Long v Eid [2008] NSWDC 367

Long v Eid [2008] NSWDC 367

Although the intimidation was low in order, the complainant had reasonable grounds to fear intimidation and did in fact fear intimidation, and the conduct was sufficient to warrant an apprehended domestic violence order to protect her mental and emotional wellbeing. The absence of apparent incident for about eleven months justified making the order for a further twelve months only.

Jurisdiction
Australia
Judgment Date
24 April 2008
Procedural Posture
Criminal; Apprehended Domestic Violence Order Application / Appeal to the District Court From a Local Court Refusal of an Apprehended Domestic Violence Order
Outcome
Apprehended domestic violence order made for 12 months from 24 April 2008.
Legal Topics
['apprehended Domestic Violence Order' 'intimidation' 'safety and Protection' 'appeal From Local Court']
['criminal Law' 'domestic and Personal Violence'] ['apprehended Domestic Violence Order' 'intimidation' 'safety and Protection' 'appeal From Local Court']

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Procedural Posture

Criminal; Apprehended Domestic Violence Order Application / Appeal to the District Court From a Local Court Refusal of an Apprehended Domestic Violence Order

Legal Issues

  1. 1 ['Whether the intimidation found by the Local Court was sufficient to warrant making an apprehended domestic violence order.' 'Whether the concepts of safety and protection under the Crimes (Domestic and Personal Violence) Act 2007 extend beyond physical safety to mental safety and emotional stability.' 'Whether, despite the passage of time and absence of subsequent incidents, the material remained sufficient to warrant making an order.']

Ratio Decidendi

Although the intimidation was low in order, the complainant had reasonable grounds to fear intimidation and did in fact fear intimidation, and the conduct was sufficient to warrant an apprehended domestic violence order to protect her mental and emotional wellbeing. The absence of apparent incident for about eleven months justified making the order for a further twelve months only.

Court Disposition

Apprehended domestic violence order made for 12 months from 24 April 2008.

Orders

  • ['An apprehended violence order is made for 12 months from 24 April 2008.' 'The mandatory orders (a), (b) and (c) apply, with the name Dion Eid inserted after the word relationship.' 'Additional orders are made in terms of 3, 5, 6 and 11.']