Apprehended Domestic Violence Act 2007

In the most recent data available from 2015, it was disclosed that nearly 92,000 Canadians had report to the police an incident related to domestic violence; of this number, 80% of them were women (Burczycka, 2017). It is then no surprise that intimate partnership violence has been found to be one of the major causes of violence against women in Canada (Ministry of the Status of Women, 2015). Many agencies focus on supporting directly the female victims and providing them with secured shelters and safe spaces to rebuild themselves after leaving their abusive relationship (Shelter Safe, 2017). However, a need to address domestic violence from the roots arose in Ontario1982, when the community identified a gap in the offer of programs

For centuries domestic violence has been perceived as a private matter private of which the government has not been concerned about nor was it considered the government’s business to intervene on behalf of a battered spouse. The unlawful nature of this failure for state or federal government intervention against this crime contributed to the systematic abuse of women in the family. The traditions, customs, and common law found in both British and American societies continued right up until the last decade of the 20th century and left the battered wives and very frequently, her children, at the mercy of the husband. It wasn’t until the 1990’s when the government began to do something to protect mothers, wives, and lovers from intimate

Family Law is a diverse and specialised branch of law, being both emotional and complex. However, despite this family law is relatively effective in achieving ‘just and fair’ outcomes for couples and status for children, yet ineffective in ‘resolving disputes’ over children and domestic violence issues.

What used to be a private issue has significantly reformed to be punishable by law highlighting society’s changing values. The main victims of domestic violence are usually women and children who are subjected to extreme abuse by the spouse. The Family Law Act 1975(Cth) established the Family court which attempted to address issues of domestic violence. However, the imposition of this legislation has reflected societal concerns where the law does not effectively deal with domestic violence as cases are continually unreported. Also, police are not adequately investigating the issue. For example, in the case of Swan, Wayne v D.P.P (2008) an indigenous woman was reluctant in reporting abuse until she was caught wandering the streets, heavily affected by alcohol. Due to cultural barriers, indigenous woman are compelled endure intense abuse in the household. The enactment of Crimes Amendment (Apprehended Violence) Act 1999(NSW) made it mandatory for police to investigate breaches of apprehended domestic violence orders (ADVOs) and arrest perpetrators if necessary. Greater use of ADVOs and investigation has reduced the amount of verbal abuse, physical violence and harassments. However, the case of Jean Majdalawi (1996) forced legislations to take further actions as the victim was shot in the head by her husband outside Parramatta Family Court even though an ADVO had been filed against him. Consequently, the event

The article of, ‘Similar Punishment, Comparing Sentencing Outcomes in Domestic and Non-Domestic Violence Cases’ (hereby referred to as “article 1”) written by Christine E. W .Bond and Samantha Jefferies used NSW administrative court data from January 2009 and June 2012 to report multivariate analyses of the sentencing of domestic and non-domestic violence offences. The research conducted consisted of independent variables, offender social characteristics, legal and case characteristics and dependent variables, to highlight the difference in sentencing. The study used case level data for a population of cases to assess the apparent sentencing differentially. (Bond & Jefferies 2014, p )

Section 76 of the Serious Crime Act 2015 to an extent has added to the existing criminal remedies by focussing not just on the physicality of domestic violence but also the psychological aspect in terms of controlling and coercive behaviour (coercive meaning acts used to harm or frighten and controlling meaning acts used to make another subordinate by isolating and depriving them ). However, it has not significantly changed the rules of evidence in protecting victims of domestic violence. In this light, it can be argued that there are problems with the implementation of section 76 in that it does not fully protect victims of domestic violence.

This essay will critically analyse the significant changes that have occurred within domestic violence which is viewed as a vital subject within the criminal justice system. It will explore the way that domestic violence has progressively become a concerning issue in the criminal justice system from being relatively acceptable in recent history. In addition to this, the essay will explore legislation changes in relation to domestic violence and how the police have arguably been forced to change their attitudes towards a problem that was once thought of as a private regard. It will critically analyse the theories put forward as to why domestic violence occurs in today’s society. It will explore the weaknesses within the criminal justice system, especially the police in regards to domestic violence, the police previously viewed domestic violence as a matter of which they should not get involved. However as mentioned in the essay, after many reviews within the system, many improvements have been made to help protect the victim.

Domestic violence is the presence of violence within a relationship and takes place privately in domestic areas (Aic.gov.au, 2015). Domestic violence includes psychological abuse, physical abuse, sexual abuse and emotional abuse (Aic.gov.au, 2015). In the survey conducted among the general public in Australia an anonymous respondent defined domestic violence as “Violent or aggressive behaviour, typically involving the abuse of a partner” (Kuol A. 2015).

While the legal system and other agencies in NSW aim to care and protect children; the legal and non-legal measures taken are not always effective. This essay will consider the attempts of the Department of Family and Community Services (FACS) to reflect community expectations and standards, the lack of enforceability of Apprehended Domestic Violence Orders when it comes to protecting children, the resource efficiency of the Child Wellbeing Unit and the failure of the Children Protection Helpline to uphold the rights of children in regards to protection from abuse and neglect. These matters will focus on the ability of the legal system and non-legal mechanisms to operate in an efficient manner and in a way that achieves just outcomes for family

Domestic violence (DV), also known as intimate partner violence, is a pattern of abusive behavior that keeps one partner in a position of power over the other through the use of fear, intimidation and control.

On the other hand, the law must be analysed in regard to how efficiently it protects female victims, to be able to contrast and reflect on the overall problems. A consultation in 2014 was provided by Theresa May, which highlighted key areas where domestic abuse is an issue. Where policing of domestic abuse was concerned, arrest rates varied significantly from 45% to 90% across 42 police forces in England. Furthermore, ‘vital evidence was missed, photographs of injuries were taken in less than half of the ABH cases’ . From these facts it is clear that the authorities do not take domestic abuse as seriously as they should. One reason behind this, is due to the victim choosing to retract their statement and not to pursue down a legal route which ends up in police time being wasted. The Independent Police Complaints Commission, studied an incident that occurred in 2011, a woman successfully gained a non-molestation order against her ex-partner, however the man had breached the order over three times and ended up killing her. Negligence on behalf of the police was largely to blame here, the man claimed not to understand the order so was not held for a breach, and it was not recorded in any of the national police systems. Furthermore, only one handwritten risk assessments were completed for two incidents, so a power of arrest is actually rendered useless if it is not even recorded properly, also they did not record the level of risk, thus resulting in the death of the applicant.

While some literature has been used from America and the United Kingdom, for the purposes of this review, research and studies conducted in Australia have been used as much as possible. The available research on domestic violence offenders, domestic violence orders and breached domestic violence orders predominantly finds that women are more likely to be victims, with the vast majority of offenders being males aged between 30 and 49 years old (Trimboli, 2015). The most common domestic violence offence is assault, followed by a breach of a domestic violence order or equivalent (Poynton & Trevena, 2016; Douglas, 2008; Douglas, 2015). Research shows that domestic violence can occur in many different relationship types, such as married or de facto couples, homosexual relationships and separated partners, occurring within a wide range of circumstances (Morgan & Chadwick, 2009). There is a vast amount of literature based around domestic violence incidences and rates of their occurrence, however literature based around the characteristics of offenders is less common.

In New Zealand, 1 in 4 woman will experience a form of intimate partner violence (IPV) throughout the course of their relationships (New Zealand Family Violence Clearhouse, 2015). The Domestic Violence Act 1995 (2014) defines violence in this instance as physical , sexual and psychological abuse. This abuse has a myriad of health consequences on all members of the whānau, including children who witness or are subjected to this violence. The primary health care (PHC) nurse has a range of responsibilities in these contexts including screening for IPV, risk assessing, safety planning, documenting and supporting.

According to the United Nations (1993), violence against women is “any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life”. Violence can occur in many forms including; physical, sexual, emotional violence, any of these types of violence committed by an ex or current partner is referred to as, intimate partner violence (domestic violence) (World Health Organisation, 2005). One in four women in Australia have experienced violence by a partner and are three times more likely to experience partner violence than men (ANROWS, 2017). Violence against women causes long lasting effects on victim’s health, friends families and whole communities (Our Watch, 2016). This violence also has economic effects with health, legal, police and judicial services. Although it is difficult to measure social costs, it is clear women who are affected by domestic violence are less likely to participate in the work force and have access to education as well as impacting on children’s welfare and educational opportunities. This can often lead to teenage pregnancies and dropping out of school (Garcia-MorenoI & Watts, 2011). Australia has recognised the issue and in turn, has introduced a national plan to address violence against women.

The NSW legal system responds to domestic violence in two ways - it aims to prevent any future violence by issuing Apprehended Domestic Violence Orders (ADVO’s), and it also responds to crimes already committed. The legal process for determining ADVO’s takes place in the local court. If the perpetrator is charged with a more serious offence, the case will be taken to the district or Supreme court. If found guilty they will either be sentenced to imprisonment or released back into their community under supervision.