Domestic Violence (Information Strangulation) Bill 2013 Amend The Crimes

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

In this report the Queensland Criminal Code Act of 1899 will be analyzed and evaluated in order to come to a reasonable conclusion as to whether the amendment to the act regarding killing for preservation in an abusive domestic relationship should be considered by law to be a crime less than that of murder per say. Continuing on from this, recommendations will be made as to what can be put into action in order to improve and remove any flaws from this alteration regarding domestic abuse.

Domestic violence: a taboo issue in our society, where the discussion is shut down by fear of instability or vulnerability. A crime, hidden from plain view, behind closed doors, that harms up to half a million innocent individuals every year. Someone is experiencing some form of domestic violence as we speak as for every 15 seconds there is a woman beaten around the world, and for every hour as many as 115 children are abused. Domestic violence, or intimate partner violence, is a violation of human rights. It involves violent, abusive or intimidating behaviour carried out by an adult against a partner or former partner to control and dominate that person.  Violence of any form should not be accepted in our modern society it nurtures fear and hatred, and it should not be locked away as an allowable social norm. We should be better than that.

Out of the shadows and into the limelight, the once hidden crime of domestic violence has recently emerged within the Australian community as a widespread criminal issue. This abuse of power occurs in a relationship when one partner attempts to physically or psychologically dominate and control the other. Inflicting physical harm upon another human being is undoubtedly a breach of the criminal law, yet the Australian legal system takes little measures to protect the wider community from this type of violence. According to Family Lawyer Richard Ingleby, domestic violence has often been condoned by the legal system due to the fact that assaults occur in the ‘private’ realm of the home where legal measures are regarded as inappropriate, and interventionist. However, by overlooking domestic violence as a criminal offence, does the Australian legal system fail to adequately protect the family unit from this form of violence? Recent studies from the Australian Bureau of Statics have revealed that 23% of women who have ever been married or engaged in a de facto relationship have experienced violence by a partner at some time during the relationship. Due to the secrecy that once surrounded this kind of abuse, victims often feel unable to speak out and seek help, therefore even large surveys cannot provide accurate estimates of the extend of domestic violence within the Australia community (Domestic Violence and Incest Resource Centre, 1998). Despite the high incidence rate of

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

Domestic Violence is a major issue in Australia right now and many believe that there are not enough resources to help domestic violence victims. 25% of women report being affected by domestic violence in their lifetimes and yet there is still not much being done. One of the main reasons women stays in the home where they are experiencing domestic abuse is because they do not feel safe leaving their home. Domestic violence victims are being turned away from refuges and being sent to motels and caravan parks, the refuges instead take in homeless people.

The Domestic and Family Violence Protection Act 2012 is the act of Parliament that deals with domestic violence. The key aims of the legislation are to provide immediate and short to middle term protection for aggrieved people. Under Division 2 number 8, domestic violence can be defined as “behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that— (a) is physically or sexually abusive; or (b) is emotionally or psychologically abusive (c) is economically abusive; or (d) is threatening; or (e) is coercive; or (f) in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else as shown in Appendix A”. Violence occurs between intimate partners, husband and wife, ex - partners, step- parents, parents and their teenage or adult children as well as disabled people and their carer. (Domestic and Family Violence Protection Act 2012).

Lock-out laws were introduced to help control and reduce to the amount of alcohol-fuelled violence that was found in Sydney’s CBD and within the Kings Cross area. Government officials believed that the availability of alcohol, the reality of binge drinking amongst young adults and the 24 hour pubs and clubs were the main contributing factors to the rise of violence. Therefore, ACTS and Legislations, informally know as “Lock-out laws” were implemented to help maintain a healthy night life and again, reduce violent assaults within the public.

There are not any real causes of domestic violence. However, there are unit theories that attempt to justify why men use violence against ladies. Such things as family pathology, dangerous communication skills, stress, chemical dependency, provocation by ladies, lack of spirituality, and economic hardship area unit problems associated towards the fighting of ladies. However, “Violence may be a behavioral alternative that the batterer should take responsibility. No language or different act is provocation or justification for violent behavior” (Domestic Violence, 1). Victims of violence suffer psychological and physical injuries. Victims could become “masters of disguise, staying home after they are marred… ” (Asher, Elba, and Sugg 1).

Domestic violence is a pattern of abusive behavior or coercive control in any relationship that is used by one person to gain or maintain power and control over another. (Violence). Most of society’s think domestic violence is when one of the spouses is abusing the other spouse. Domestic violence can occur between anyone who has lived together at one point of time; couples who have never lived together, but have a child together and family member who has live together in the same household. Domestic violence can happen to anyone, regardless of their class, religion, ethnic background, education, age, gender, disability status, sexual orientation, gender presentation, or immigration status. The domestic violence can place in different categories, such as; emotional abuse, physical abuse, psychological abuse, sexual abuse and financial abuse. Researcher had discovered tactics that the abusers use to control their victims such as; dominance, humiliation, isolation, threats, intimidation, denial and shifting blame. (Helpguide.org).

Despite the fact the physical effects of domestic violence could be the similar as for other forms of violent crime, the emotional effects can be much worse. Domestic violence happens when a crime is committed against a victim by someone with whom the victim is or has previously found, in a close relationship or somebody living in the same household as the victim. Domestic violence regulations differ from state to state. These variances range from conceptualization to the requirements under required reporting laws. Because of all these differences, the entire process of avoidance a domestic violence situation rest on each state. The Violence against Women Act of 1994 (VAWA) has been designed to increase victim services and detention and trial of batterers. Stakeholders are persons who have an absolute interest in it, any of individuals who begin and perform it, or individuals whom it distresses directly or secondarily. Detecting and concerning stakeholders can be a huge portion of guaranteeing the efforts accomplishment. To obtain stakeholder contribution and support, it’s vital to understand who probable stakeholders are, but their interest in the effort. Since most women and men’s obtain their health care in primary care settings, health care professionals can play a critical role in decreasing the progress of domestic violence through screening and intervention in a regular bases.

“We define domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.  Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

The Congressional Research Service gives an overview of the Violence Against Women Act history, investigations, grant programs, and other VAWA requirements. Also the document addresses the categories of crimes that include domestic violence, intimate partner homicide, sexual assault, dating violence, and stalking. The VAWA has been reauthorized three times and now includes services for battered and/or trafficked nonimmigrants, American Indian victims, and underserved populations.

Domestic violence is aggressive behavior within the home, generally involving the abuse of a spouse or partner in order to gain control or maintain power over another. This type of violence can be sexual, physical, emotional, or even psychological in which these threats influence the other person. It is not only about physical abuse, it’s the consistent pattern of behaviors that are used to make the victim feel threatened and manipulated.

The second Act is the Evidence Act 1977. This Act applies to proceedings in the federal court in regards to bail, interlocutory proceedings, heard in chambers and even subject to subsection. ‘Act number 132 in the Evidence Act 1977 was amended in 2011’ (Evidence Act 1995, 2012). Criminal Law (Sexual Offences) Act 1978 is the third Act mentioned above. This aims to ensure evidence in relation to ‘sexual offences and the mode for taking evidence in proceedings, protects the persons concerned from being identified’ (QUT, 1981). Although there are these Acts in place, there needs to be more reforms in place to reduce the impact on both primary and secondary victims of crime.