❓ Question regarding the presumption of innocence for men accused of domestic violence and the standard of proof for FVROs. The Attorney General clarifies the legal principles and their role.
AnsweredQoN 1827Legislative Council
QuestionView source ↗
I refer to the presumption of innocence until guilt is
proven, and I ask: (a) does the presumption of innocence apply to men when they are accused of domestic violence; (b) if yes to (1), what standard of proof is required for a Family Violence Restraining Order to be issued; and (c) what steps is the Minister taking to ensure men are not wrongly accused of serious offences by angered partners in emotional circumstances?
proven, and I ask: (a) does the presumption of innocence apply to men when they are accused of domestic violence; (b) if yes to (1), what standard of proof is required for a Family Violence Restraining Order to be issued; and (c) what steps is the Minister taking to ensure men are not wrongly accused of serious offences by angered partners in emotional circumstances?
AnswerView source ↗
Answered
27 February 2024
Responded by
Parliamentary Secretary to the Attorney General
Response time
2 days
(a) The presumption of innocence is a fundamental principle of the criminal justice system in Western Australia and in Australia.
(b) The granting of a Family Violence Restraining Order (FVRO) is a civil matter and decided by the judicial officer on the balance of probabilities. It is not a criminal matter.
(c) Where a criminal offence is alleged and reported to the police, it is a matter for the police and/or the Director of Public Prosecutions to decide on the available evidence whether to prosecute. If they do prosecute, it is a matter for the courts to determine guilt. It is not appropriate for the Attorney General to intervene in this process.
(b) The granting of a Family Violence Restraining Order (FVRO) is a civil matter and decided by the judicial officer on the balance of probabilities. It is not a criminal matter.
(c) Where a criminal offence is alleged and reported to the police, it is a matter for the police and/or the Director of Public Prosecutions to decide on the available evidence whether to prosecute. If they do prosecute, it is a matter for the courts to determine guilt. It is not appropriate for the Attorney General to intervene in this process.
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