Help from the police

The most immediate concern of anyone who has been or is being assaulted is to get immediate protection. This can be done by requesting immediate police attendance (telephone 131 444) contacting your local police station. The police have a duty to prevent breaches of the peace and to deal with people who have committed criminal offence even though the violence complained of may be occurring in a home. The police have the ability and authority to counter violence, as well as the power of arrest. Remember, an assault can be committed without physical contact if the attacker threatens violence or appears to be immediately capable of and willing to carry out the threat (for example, waving a knife or clenched fist). It is also an assault to intentionally push, shove or spit on a person even though it may not cause an injury.

A person telephoning the police should give their name and address, emphasise the urgency of the situation, and ask for the name of the officer. If the police fail to come in a short time, the person should ring again, and keep ringing. If this is not effective, Crisis Care should be called and asked to contact the police.

Police have very wide powers to enter a home and investigate a complaint of family violence. In addition the police can:

remove the attacker from the premises
charge the attacker with a criminal offence (such as assault or property damage)
suggest taking out a restraining order or a private prosecution for an assault
reprimand but take no further action.

The police may also assist a person who has been assaulted to leave the premises unmolested and:

assist a woman with children by taking/arranging for her to get to a safe place such as a women's shelter
if the person is a man, take him to a men's shelter. However, men's shelters do not generally have facilities for children.

The action taken by the police will depend on the seriousness of the behaviour that has brought them to the premises. Often the action will depend on the attitude of the victim, however if the police have evidence that an offence has taken place it is police policy to take action. It is not left up to the victim to decide whether an attacker will be charged with an offence, but the victim can ask that a charge be laid. A person arrested by the police will be taken to the police station and charged, see: arrest and questioning.

A victim of violence who feels that a criminal charge should be laid should insist upon this course of action. If the police still refuse to lay charges and the victim feels their refusal is unjustified a detailed written complaint should be made to the Police Complaints Authority, see: complaints against police. Each police region in Adelaide now has a Child and Family Violence Unit with officers who are trained in the area of domestic violence. A victim who feels that the police are being unresponsive should ask to speak to an officer in the Child and Family Violence Unit who may be able to assist. The Units can assist a victim in obtaining a restraining order, see: domestic violence restraining orders.