Domestic Violence And Child Protection Essay

The NSW legal system has responded to the issue of domestic violence to achieve justice for family members. The Crimes (Domestic and Personal Violence) Act 2007 was introduced to better protect victims and the families of domestic violence. Under section 38 of this act, Apprehended Domestic Violence Order (ADVO’s) were introduced to protect the adult, importantly, it also instantly includes any children that are living with the adult at the time, unless there are valid reasons as to why they should be let off. This is highly effective for the family of domestic violence as it also ensures the safety of children which demonstrates fairness and equality as all members of the family are included to ensure safety. This act was also significant

The case of Jonah v White (2012) 48 FAM LR 562 wishes to appeal the original decision of Murphy J, in which his Honour asserted that the appellant, (“Ms Jonah”) and the respondent (“Mr White”) had not been in a de-facto relationship in correspondence with the Family Law Act 1975 (Cth) (“the Act”). The appeal is bought before May, Strickland and Ainslie-Wallace JJ in the Full Court of the Family Court of Australia in Brisbane. The case seeks to question and determine what constitutes a law-binding de-facto relationship.

Identify and investigate these contemporary issues relating to family law and evaluate the effectiveness of legal and non-legal responses to these issues

How does domestic violence between parents and parental figures affect the children who witness it? This is a question often asked by Sociologists and Psychologists alike. There have been studies that prove that children who witness domestic inter-parental violence experience mental health problems, issues with gender roles, substance abuse, the committing of crimes and suicide/suicide attempts later in their lives. This paper will explore all five of these 'effects' of domestic violence on children and show that there is evidence of a clear relationship in which increasing parental violence is associated with increasing outcome risks (Fergusson & Horwood, 1998, p.8).

Family law is the most complex aspect of the Australian legal system as it is constantly under review and reform pursuing to adopt society’s continual change in values and principles. The changing of laws in an attempt to be parallel with society is a strenuous process. Nevertheless, legislations are reflective of contemporary society’s values and ethics. Numerous legal issues arise in regards to family including, same sex relationships, domestic violence and divorce ideally on the best interest of the child, where family laws have been imposed to protect individuals and aim to achieve justice.

During the 1980’s and to the mid 1990’s, the provision for looked after children underwent a massive overhaul. After the abuse and deaths of another three children in the early 80‘s, a number of parliamentary reports led to the development of The Children Act 1989. This act “marked a watershed in legislation on children” and “tried to balance two sets of contradictory pressures; greater child protection with greater parental rights” (Glennerster, 2007). Also, an alarming number of reports into institutional abuse of children in care in the1990‘s came to light, and following a frenzied media coverage, and yet another public outcry, the government commissioned Sir William Utting, Chief Inspector of the Social Services Inspectorate to

Did you know that every 9 seconds a women is being beaten or assaulted? It is known that around the world, at least one and every three women has been beaten into having sex or some rudely thing in her entire lifetime. There are many cases where the abuser is a family member. Domestic violence is that the willful intimidation, physical assault, battery, sex crime, and different abusive behavior perpetrated by an intimate partner against another. It is a virulent disease touching people in each community, notwithstanding age, economic standing, race, religion, status or academic background. Violence against girls is usually amid showing emotion abusive and dominant behavior, and so is a component of a scientific pattern of dominance and

Family Law Act 1975, in the same year established the Family Court of Australia, and the Act focuses on issues as a result of martial breakdown, such as ‘no fault divorce’; best interest of children, equal valuation of partners contributions (breadwinner / homemaker), equal consideration of mother and father when assessing custody. The Act has been amended and evolved to include coverage for casual and de-facto relationships and ex-nuptial relationships, including distribution of debts and Superannuation as equal property, strengthening court process around domestic and family

Father’s had claimed that there was sexual discrimination in custodial court cases and decisions, sparking concern for infringement of constitutional rights. They also showed concern for the feminist movement. At the time, there was also a shift from the mother being the homemaker and caretaker as women had to work and by the 1970s, the maternal preference was gone. The Uniform Marriage and Divorce Act of 1970 provided for an unbiased perspective that held the best interest of the child at a standard. This went on to be adopted by many states and for the first time, the interest of the child would be the most important in custodial decision

The policy issues that seem to be a major concern in the United States is about children being exposed to domestic violence in the home. No-one really looks at what the children have to go through when this happens. There could be some major damage done to the children that have been exposed to this happening. Boston police go on an average of about 200 calls a month on domestic violence.

Exposure to domestic violence can impact the behavioral, social-emotional, and cognitive development of children. Children who are exposed to domestic violence tend to exhibit more aggressive behaviors with their peers, show signs of depression, and have a difficult time forming relationships (Brown & Bzostek, 2003). Cognitively, studies have shown that children exposed to domestic violence may have difficulties learning and concentrating in school, have difficulties with conflict resolution skills, and may believe in male privilege, (Brown & Bzostek, 2003). Concentration is difficult for children exposed to domestic violence because of how unsafe they may feel in their surroundings. They may be preoccupied with the violence that is

“Every year in the United States there are over 3 million incidents of domestic violence. That means that every nine seconds a women is beaten by her domestic partner” (Findeley). There are many women that stay silent when being abuse by their partners. The consequences of staying quiet when obtaining abuse can be dangerous and can also lead to death. Many women do not recognize the importance of the fact that there is in speaking out if they are being abuse by their partner. No woman should take domestic abuse by their partners. Every woman deserves a healthy relationship; A healthy relationship involves trust, respect, and consideration for the other person. Domestic abuse has gotten worse during the past years and is still rising up. One can see that domestic abuse can occur everywhere. Domestic abuse is considered a crime and woman should not keep silent when being abuse.

Throughout the course of one’s lifetime, there are countless events that shape the personality, actions and mentality of that individual. Some of these events will affect the individual in a positive way allowing great life opportunities, while other events will unfortunately affect the individual in a negative way which can lead to disorders. Among the various events that can affect a person, one of the most common occurrences that some children witness early on in their lives that deeply affect their long-term mental health is being a witness to domestic violence. Research and observations that were studied revealed that there are multiple factors that can contribute to a child witnessing domestic violence. The more categories that the

The law delivers the structure for social work with children and families, through a basis of duties and powers that reinforce and deliver protective actions when necessary (Wilson et al, 2011). The Children Act 1989 was to provide every child with the right to be safeguarded from mistreatment and the right for investigations to take place to protect their well-being. Its vital principle was that, for children, it is more beneficial for them to be looked after within their own family if possible (Parliament, 1989). The act did not come into force in England and Wales until 1991 although it was given royal accent in 1989. It is comprehensive and incorporates virtually all the law relating to children. The Act introduced new principles, powers and duties on local authorities. Following the statutory guidance in Working Together under the Children Act 1989 (Department of Health, Home Office and Department for Education and Skills, 1999) the Child Protection Register was designed. It was a documentation of all children in each area for whom there were unresolved child protection matters. The aim of the child protection register was to enable agencies and professionals to be aware of those children who are judged to be at continuing risk of Significant Harm (Department of Health, Home Office and Department for Education and Skills, 1999). During 2004 the Children Act 1989 was overhauled and amended by

Domestic violence affects 1 in 3 women and 1 in 4 men (NCADV, 2015). Although the devastating effects that domestic violence has on women are well known, there is a population of domestic violence victims that we tend to overlook. These are the children of the women and men who are in domestic violence situations. Children are the invisible victims when it comes to domestic violence. There are many statistics being thrown around when it comes to the number of children who are exposed to domestic violence; they range from as little as 200,000 to even 3-18 million (Sousa et. al., 2011). A 2001 study discovered that in 75% of the cases in their study, children were present in the home during the assaults (Hutchison & Hirschel, 2001).