Domestic Violence New Zealand Case Study

Domestic can be defined in many ways but the simplest meaning is ‘involving the home or family’ whereas violence means an ‘act of aggression as one against a person who resist’. In addition, violence does not relate to relationship problem or issue but is social context of reflection of a man overruling woman. It happens to all walks of people in life despite of age, sex, race, assets and cartography. Notwithstanding, scoop by both male and female endure hurts during intimate relationship, domestic violence is greatly impact by both gender.

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

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

Every action is followed by a reaction; however, occasionally the reaction is only a temporary solution that leads to long-term consequences. This is especially true of how domestic violence is currently governed by the criminal justice system and social norms. A lack of preventative care exists and this ignores the consequences of domestic violence in our society. Incidents of domestic violence are often treated as one-time or isolated occurrences; however, in many cases abusers and victims fall back into these learnt behaviors. Therefore, domestic violence is a never-ending cycle that cannot be stopped without cultural and legal changes that focus on preventing further instances of violence and empowering victims to break the cycle.

The current laws in place for protecting victims of domestic violence are not as effective as they could be. Many times a person who is experiencing domestic violence will be referred to a refuge

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).

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.

Violence can be prevented, but not stopped; so why do people think that intimate partner violence can be stopped? That is the dream. Unfortunately, just like how a thief is not going to stop stealing because he could go to jail, an abuser is not going to stop abusing. All we can hope for is to be able to protect the victims after the violence and try to help them persevere. Prevention is important, but it is also important to know what the Canadian Criminal Justice System is doing to protect the victims. This paper discusses intimate partner violence (IPV) and the protection of victims by the Canadian Criminal Justice System. Protection orders, services, Criminal Justice System responses, and victim responses to the Criminal Justice System will all be examined.

Domestic violence is a personal violence committed against someone whom the offender has, or has had, a ‘domestic relationship with’. This includes physical violence, sexual assault, economic abuse and threatening behaviours that coerces, controls or causes the victim to be ‘fearful’8. Domestic violence is an incredibly devastating and widespread issue with one9 woman dying at the hands of a domestic partner each week. The legal responses that approach the issue of domestic violence includes the Crimes (Domestic Violence and Personal Violence) Act 2007 (NSW) which allows the court and the police to grant applications for apprehended domestic violence orders (ADVOs). This results in fairness, accessibility and to some degree, enforceability as an ADVO does not appear on a criminal record unless breached. However, domestic violence, an issue subtended by state and federal governments, is complex due to the concept of co-operative federalism. The detrimental effects of the federal and state governments lack of co-operation is evidenced in the Luke Batty as a father whose arrest warrant had not been processed was allowed to visit his son and as a result, murder him. “The police did the relevant background check but found no record of outstanding warrants in the police database. They were not yet in the system”10, this highlights the lack of timeliness and resource efficiency as

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).

An outstanding amount of people are affected by Domestic Violence, it can have mental, physical and emotional long term effects on the people directly involved and also on the people who are connected to the victim. It is a long-standing, complex social issue and since the 1990’s there has been a profound transformation in public awareness about this problem. The move towards integrated, multi-agency responses and coordination across government levels is a great positive and with further intervention and emergency towards the issue we may be able to lessen the amounts of domestic violence happening within

given set of goals. Although it’s a rampant crime, domestic violence is rarely reported. Analysis of the policy on domestic violence is, therefore, important in order to address the problem and achieve the ultimate goal of reducing or eliminating it altogether.

My chosen issue is Intimate partner violence. One of New Zealand’s increasing issues is Intimate partner violence (IPV). IPV is recognized as a major public health threat and a significant social issue. IPV is observed as one of the world’s most serious human rights concerns due to its widespread. As exemplified by New Zealand legislation the Domestic Violence Act 1995 considers IPV to constitute a category of family violence. According to the Act, IPV involves an individual committing violence against another person with whom that individual is or has been in a domestic relationship. Those people that are at increased risk of developing mental and physical health problems including depression, chronic pain, gastrointestinal disorders, traumatic brain injury, post-traumatic stress disorder, and substance-related disorders. The therapists are therefore more likely to meet women who have been victim of IPV. In this essay I’ll be highlighting on the prevalence of physical and mental health issues for women with an experience of IPV. The women’s who are affected by IPV are mainly due to remaining in an abusive relationship, culture and childhood sexual abuse are also seen as a risk factor of IPV. I will be portraying this issue from Marxists perspective and also using Marxist Feminists theories to relate to this issue to create a better understanding.

The Lecture taken by ‘Shine’ explored the changes and influences of the Domestic Protection Act, 1982 and the Domestic Violence Act, 1996. The presentation put emphasis on the law and systems in dealing with domestic violence. Included also in the lecture, was the analysis of protection orders and police interference. Protection orders are in practice for the urgent safety of the victims of domestic violence. They are applied for through the family court with evidence of domestic violence or potential danger (Morden, 2016). The lecture also demonstrated that the law does not tolerate even single acts of abuse and takes procedures very seriously. The various acts are in place and are continually improving to protect New Zealanders that may be in danger of abuse.