How can the law protect me?

You might feel intimidated by the police or the legal system. The law is there to protect you, but you might need support in knowing how to use it.

Criminal Charges:

Physical and sexual assault and threats are crimes. Stalking (repeatedly harassing or following someone to make them scared for their own safety) is also a crime.

You can report violence (for example, assault, property damage, rape or other sexual assaults, or stalking) to the police. If there is enough evidence, police can lay criminal charges. For this, you need to give them a statement about what happened. If it is a sexual assault, they may ask you to have a medical examination (you don't have to have one if you don't want to though).

An Intervention Order:

You can apply for a court order which can help protect you from further violence or abuse. In Victoria, this is called an 'Intervention Order' (they have different names in other states, for example, in NSW it's called an 'Apprehended Violence Order', in QLD it's called a 'Protection Order', in WA, NT and SA it's a 'Restraining Order', in TAS it's a 'Restraint Order').

You can apply for an Intervention Order if you have been assaulted, threatened, harrassed, stalked, or had property damaged, and it is likely to happen again. The order can prohibit the offender from harassing, threatening or abusing you, or from coming near your home, your work, or other places where you need to go. It is a criminal offence if he disobeys the order. In Victoria:

• If you are under 14, another person can apply for an order on your behalf (eg; the police, a parent, or any other person with your parent's consent or with the courts permission).
• If you are 14 -16 years old, you can take out an order, but the Magistrate at the court will want to know if you understand what you are doing, and will decide as to whether your application should go ahead.
• If you are over 17, you can apply for one yourself.

Also the police can apply for an Intervention Order on your behalf (they can do this with or without your consent).

Ring the services listed for more information, or to find out about the law in other States. Or check out the Lawstuff site (provided by the National Children's and Youth Law Centre), where you can email a lawyer for advice about how to use the law in Australia to protect you from violence.