III New Zealand response to domestic violence
The current legal response to domestic violence in New Zealand is the protection order under the Domestic Violence Act 1995 which, coupled by the non-violence programme for the respondent and the safety programme for protected person under the Domestic Violence (Amendment) Act 2013. However, the primary focus of this paper is the non-violence programme and only to refer to the protection order and safety programme when necessary.
The court may make a protection order if it is satisfied that the applicant or their child has been a victim of domestic violence and they need protection. The protection order ensures that the respondent must not abuse, threat, intimidate or harass the protected
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First, the “one size fits all” approach is inappropriate and ineffective as it does not necessary gather for multiple causes and dynamic nature of domestic violence problems. As Justice Susan Glazebrook points out given that there are a myriad of factors behind family violence, any treatment efforts must get to the roots of the problem. We have identified above that the roots of the domestic violence largely contribute to a variety of cultural, social, economic and psychological factors. It is fundamental for the success of the non-violence programme to differentiate among the types of family violence, allow for the development of more appropriate risk assessing instruments that would more accurately describe the central dynamics of the family violence, its context, and consequences. As Judge Boshier says, in order to have better decision making, appropriate sanctions and more effective treatment programmes must be tailored to the different characteristics of family violence. Otherwise, the programmes would not address the nature of violence that has occurred, therefore, in essence, one size does not fit all.
Similarly, a tendency to deter and separate families rather than to repair the harms and restore the relationships. An example of the problem of one size fits all approach is the case of Lotu v
As the current the domestic violence policy does not accurately describe family violence to include more that violence acts between two people in intimate relationship (Memmott, 2010). Thus research has shown family violence in Indigenous communities can be committed either individually or in group. In addition, family violence occurs within the family home, extended family, Kinspeople or the community (Cripps, 2008). Furthermore, a separate policy that can identity and address the accurate occurrence of family violence in Indigenous community. This would give policy making the ability to guide evidence-based interventions that address the true nature of the problem (Cripps & McGlade, 2008). Research has shown that current interventions guided by domestic violence are less effective addressing family violence. Due to the fact the interventions are individualist meaning only assisting either the victim or the perpetrator (Day et al, 2010). Hence family violence in affects multiple Indigenous people within their family and communities (Murray & Powell,
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
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 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 an ongoing epidemic affecting people around the world. Over the years, the problem of domestic violence has raised an abundance of questions: how serious is the issue, and what actions could be implemented to prevent it? In the article “Domestic Violence Has Been a Problem Throughout U.S. History”, it explains how the issue of domestic violence has been going on for decades; however, did not get address until recent years. The author, Cathy Young, points out there has been programs and shelters implemented, but the issue of domestic violence still remains a serious problem today. “Prevalence of Domestic Violence in the United States”, provides a
The Violence against Women Act (VAWA) delineated funding programs to avoid violence against women and set a national domestic violence hotline. Also, new protections were given to victims of domestic abuse, such as confidentiality of new address and modifications to migration regulations that permit an abused partner to apply for permanent residency. This act also discourses federal tools to accuse domestic violence offenders in certain situations including firearms or interstate travel or activity. The federal domestic violence statutes offer
Domestic violence is a major issue with in the Australian society. Domestic violence is defined as a deviant behaviour by a person towards another person in a relevant relationship in any way that controls or dominates another person. (Domestic violence, 2014) ‘The Psychological of Criminal and Antisocial Behaviour’ state that, the primary form of domestic violence is classed as intentional violence. Intentional violence refers to the violent behaviours that are enacted with purpose, its occurs in domestic relationships, where there is a clear imbalance of power. (Mauro. P, 2017)
Although there are now laws against domestic violence, the issue still seems to be present in the 21st century. Once given an blind eye to is existence for decades people are now forced to face the fact that domestic violence is an major issue no matter when and where it may occur. In this essay I will be addressing the issues of:
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).
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.
It is an intervention that effects connections of individuals in a relationship. In other words, anything that affects one part of the system will have an impact on the other part (Ward & Bélanger, 2014). The family systems theory analyzes the communications of individual within a nuclear family, as well as behaviour patterns that are transmitted to generations. The strengths of this theory is that family is a system within a larger system which can influence others to contribute in particular sorts of behaviours (Ward & Bélanger, 2014). For instance, when domestic violence occurs at home it will change the patterns of individuals within the family. On the other hand, this theory focuses on the whole family rather than focusing on each person. Similar concept is shown in domestic violence whereas abuse takes place, it focuses on how the family is dealing with affects as opposed to how the specific individual is feeling that is being mistreated. Additionally, when aggressive behaviour occurs in families, it causes stress; for example, if spouses commit misuse on one another, it causes adolescents to end up depressed. Family systems theory proposes that when couples cannot balance their emotions, they become emotionally reactive and do whatever is necessary to reduce their anxiety. Violence is one of the solutions that individual use to get out of emotional stress and lessen tension in the
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.