43% of "Domestic Violence" Imprisonments Aren't for Violence
National data reveals Australian courts imprison nearly as many people for sending texts as for actual assault.
Victoria Family Violence Funnel (2023-24)
Key Findings
The Breach Scandal
This system imprisons nearly as many people for sending texts as for actual assault.
The 97% False Positive Rate
Per 100 men with IVOs, here's what actually happens:
The Three Options Strategy
In light of this 97% false positive rate, courts must be presented with three options:
Option 1: Criminal Prosecution
If allegations are serious enough to warrant separating a child from their father, they are serious enough for criminal prosecution. If the criminal justice system - with specialized prosecutors and lower evidentiary standards - declines to charge (as occurs in 70% of cases), the Court cannot accept allegations as proven.
Option 2: Proper Fact-Finding Hearing
If allegations are not criminal, they must be proven in a proper hearing with full procedural protections: cross-examination of witnesses, evidence testing under oath, and the Briginshaw standard for serious allegations. Ex parte Magistrates Court orders do not satisfy this requirement.
Option 3: Exclude Allegations Entirely
If the other party will not submit allegations to scrutiny through Option 1 or Option 2, the allegations cannot be used to determine parenting arrangements. There is no "muddy middle" where unproven allegations - from the 93% that would not warrant imprisonment - still influence the Court's determination.
Sources
- Crime Statistics Agency Victoria (2023-24) - Family Violence Incidents
- Australian Bureau of Statistics (2023-24) - FDV Defendant Statistics
- Sentencing Council Victoria (2020) - Breach Imprisonment Trends
- BOCSAR NSW (2024) - Remand Population Data
- Queensland Courts Annual Report (2023-24)
- Cambridge Crime Harm Index - Repeat Offender Concentration