Case study: domestic violence

A frail elderly man sought a protection order against his 33-year-old son who, he said, became violent and abusive when under…

A frail elderly man sought a protection order against his 33-year-old son who, he said, became violent and abusive when under the influence of alcohol.

The man told the court that his wife and disabled daughter were living in the same house as his son. He said his son was not dependent financially as he was receiving social welfare.

He described an incident where the son was swearing and shouting at his mother to come up the stairs, despite the fact that she could not due to a problem with her hip.

The son then threw a cup of coffee and a can down the stairs at the couple's disabled daughter.

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He stated that he became anxious as a result of his son's behaviour, with pains in his chest which required him to take three sprays of his medication. The abuse lasted several hours.

The doctor was called and the son was taken to a treatment centre. When he returned after three days, he told them he didn't want a lecture and continued as before.

The father said his son had acted like this on previous occasions and he was afraid that he or his wife would come to harm.

The judge granted a protection order and issued a summons for a safety order, which prohibits a person from using or threatening violence in the home.

In a separate case, a wife in her 70s sought a protection order against her husband, also in his late 70s.

She said she was living with her sister and that the husband had made continuous threats to her that he would "punch her in the breasts" or "floor her" and would often throw things at her including slippers and other domestic items.

The husband denied the claims, saying he had never assaulted her.

He said he was living in the house which he had bought and paid for.

When questioned by the judge as to whether the house was in joint names, he replied: "Unfortunately, yes. She was never assaulted."

In conclusion, the judge accepted that the wife was living in fear and granted her a safety order for a period of three years.