Amend the Crimes (Domestic and Personal Violence) Act 2007

Recent signers:
Kathryn Rabalais and 16 others have signed recently.

The issue

I am writing to bring attention to a significant flaw in the Crimes (Domestic and Personal Violence) Act 2007, a regulation under which I have personally suffered a grave injustice. Due to this legislative gap, I found myself incarcerated for 30 days despite being a victim of manipulation and threats from someone who had an Apprehended Domestic Violence Order (ADVO) against me.

This person, whom the law intended to protect, reached out to me, soliciting money on multiple occasions and later threatening both me and my partner. Believing in the protection of law, I reported these threats to the police, seeking protection. However, rather than being safeguarded from this manipulation, I was punished, while the person, who initiated contact contrary to the spirit of an ADVO, faced no consequences.

This unjust situation arises because the current law permits the 'victim' under an ADVO to contact the other party without restriction, yet criminalises any responsive communication. The dichotomy unfairly penalises individuals like me who are trying to protect themselves from retaliatory threats.

The Crimes (Domestic and Personal Violence) Act 2007 needs amending to create an equitable legal framework that prevents the misuse of ADVOs and addresses the vulnerability of persons like myself who are coerced into replying to unsolicited contact. We propose that the law be revisited so restrictions are imposed on both parties, preventing any form of contact that could potentially lead to conflicts or further complications. Additionally, mechanisms should be established to ensure that any breaches initiated by ADVO-holders are adequately scrutinized and punished.

This change is not merely for my benefit but to rectify a judicial blind spot that may affect many others in the same predicament. I urge legislators, legal experts, and policymakers to re-evaluate and amend this act in a manner that ensures fairness and justice for all parties involved.

Please support this petition for a fairer, just legal system that protects all individuals equally and prevents the misuse of well-intentioned laws. Sign and share this petition to demand an urgent review and amendment of the Crimes (Domestic and Personal Violence) Act 2007. Together, we can advocate for a balanced and equitable approach to handling domestic and personal violence cases.

28

Recent signers:
Kathryn Rabalais and 16 others have signed recently.

The issue

I am writing to bring attention to a significant flaw in the Crimes (Domestic and Personal Violence) Act 2007, a regulation under which I have personally suffered a grave injustice. Due to this legislative gap, I found myself incarcerated for 30 days despite being a victim of manipulation and threats from someone who had an Apprehended Domestic Violence Order (ADVO) against me.

This person, whom the law intended to protect, reached out to me, soliciting money on multiple occasions and later threatening both me and my partner. Believing in the protection of law, I reported these threats to the police, seeking protection. However, rather than being safeguarded from this manipulation, I was punished, while the person, who initiated contact contrary to the spirit of an ADVO, faced no consequences.

This unjust situation arises because the current law permits the 'victim' under an ADVO to contact the other party without restriction, yet criminalises any responsive communication. The dichotomy unfairly penalises individuals like me who are trying to protect themselves from retaliatory threats.

The Crimes (Domestic and Personal Violence) Act 2007 needs amending to create an equitable legal framework that prevents the misuse of ADVOs and addresses the vulnerability of persons like myself who are coerced into replying to unsolicited contact. We propose that the law be revisited so restrictions are imposed on both parties, preventing any form of contact that could potentially lead to conflicts or further complications. Additionally, mechanisms should be established to ensure that any breaches initiated by ADVO-holders are adequately scrutinized and punished.

This change is not merely for my benefit but to rectify a judicial blind spot that may affect many others in the same predicament. I urge legislators, legal experts, and policymakers to re-evaluate and amend this act in a manner that ensures fairness and justice for all parties involved.

Please support this petition for a fairer, just legal system that protects all individuals equally and prevents the misuse of well-intentioned laws. Sign and share this petition to demand an urgent review and amendment of the Crimes (Domestic and Personal Violence) Act 2007. Together, we can advocate for a balanced and equitable approach to handling domestic and personal violence cases.

The Decision Makers

Minister for Police and Emergency Services of New South Wales
Minister for Police and Emergency Services of New South Wales
New South Wales Law Reform Commission
New South Wales Law Reform Commission

Supporter voices

Petition Updates