In the Applications for an Apprehended Domestic Violence Order on behalf of DW, a child [2013] NSWLC 2

In the Applications for an Apprehended Domestic Violence Order on behalf of DW, a child [2013] NSWLC 2

The medical and circumstantial evidence, including that DW was alone with SA and JM, had an acute spiral fracture and bruising unusual for a non-ambulant infant, and the paediatrician's opinion that the infant did not cause the fracture himself and the environment was unsafe, was capable of giving rise to reasonable grounds for the applicant to believe a domestic violence offence had recently been committed against DW. The applicant therefore had reasonable grounds to fear and in fact feared the commission of a personal violence offence against DW, warranting final ADVOs despite the absence of proof that either defendant actually committed the injury.

Jurisdiction
Australia
Judgment Date
28 March 2013
Procedural Posture
Applications for Apprehended Domestic Violence Orders Under the Crimes (domestic and Personal Violence) Act 2007 / Final Hearing; Final Orders Made
Outcome
Final apprehended domestic violence orders made for 12 months against the defendants.
Legal Topics
['police Application on Behalf of a Child' 'reasonable Grounds to Fear' 'domestic Violence Offence' 'personal Violence Offence' 'child Protection']
['civil' 'domestic Violence' 'apprehended Domestic Violence Orders'] ['police Application on Behalf of a Child' 'reasonable Grounds to Fear' 'domestic Violence Offence' 'personal Violence Offence' 'child Protection']

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Procedural Posture

Applications for Apprehended Domestic Violence Orders Under the Crimes (domestic and Personal Violence) Act 2007 / Final Hearing; Final Orders Made

Legal Issues

  1. 1 ['Whether the police applicant had reasonable grounds to fear and in fact feared the commission of a personal violence offence against DW by SA or JM.' 'Whether an apprehended domestic violence order could be made without proof that either defendant actually committed an act against DW.' 'Whether the medical and circumstantial evidence was sufficient to warrant final apprehended domestic violence orders.']

Ratio Decidendi

The medical and circumstantial evidence, including that DW was alone with SA and JM, had an acute spiral fracture and bruising unusual for a non-ambulant infant, and the paediatrician's opinion that the infant did not cause the fracture himself and the environment was unsafe, was capable of giving rise to reasonable grounds for the applicant to believe a domestic violence offence had recently been committed against DW. The applicant therefore had reasonable grounds to fear and in fact feared the commission of a personal violence offence against DW, warranting final ADVOs despite the absence of proof that either defendant actually committed the injury.

Court Disposition

Final apprehended domestic violence orders made for 12 months against the defendants.

Orders

  • ['Final Orders for a period of 12 months in terms of Mandatory Orders 1(a), (b) and (c), and Additional Orders 4 and 6.' 'Order 4: The Defendant must not go within 50 metres of the premises at which the protected person may from time to time reside unless in accordance with any Parenting Order under the Family Law...