Domestic Violence Problem Question
Domestic violence has occurred between John and Linda. Domestic violence is defined as “any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse” I would advise Linda to rely on The Family Homes and Domestic (Northern Ireland) Order 1998, to seek a non-molestation order (NMO) and Occupation Order against John simultaneously. Linda has the option to use the criminal law, but as Linda would like to maintain a relationship with john and stop the violence, the civil law would be more applicable, as it is designed to respond to the needs of the victim .
Linda could apply for an ex parte (without notice) NMO, relying on Article 23(a) , as ‘significant harm’ is seen to be where physical violence has taken place. In this case, Linda has been struck several times by john. Therefore, the court may grant an order if they believe it is “just and convenient” , but is restricted in time, as the respondent (John) must have the ability to access a full hearing, otherwise breaching his Article 6 rights to a fair trial.
As both orders offer a separate form of protection for Linda, I will be addressing them individually.
Non-Molestation Order
An NMO is to provide personal protection from abuse suffered, as it prohibits the respondent from molesting an associated person or relevant child . Breaching this leads to a criminal offence, as the power of arrest is attached to an NMO.
For both applications,
An individual may stay in a violent relationship for a variety of factors, making it difficult to remain safe. For example, love, fear, pride, loyalty, embarrassment, children, lack of knowledge about options, low self-esteem, or a combination of these factors. Thus, safety is the first priority for any victim of domestic violence (California Attorney General's Office, 2002). As such, a critical first step for Dr. Breyker is to identify, validate, and address the heightened dangers Anita could face. Effectively blocking Ab’s ability to continue his control over Anita should also be uppermost in determining the referrals Dr. Breyker will give to Anita. Naturally, referrals to law enforcement are primary. But the individual circumstances of Anita’s
Being a part of the Memphis Police Department ,we tend to handle more criminal procedures than civil procedures. We leave a lot of the civil procedures to the Shelby County Sheriff's Department such as evictions, disputes of over contracts, and so forth. However, there are several ways we use civil remedies to fight crime. This is used when a woman request a temporary restraining order (TRO). The woman is initially seeking a civil remedy known as an “injunction.”(pg42) It is sometimes called “equity” or “chancery” or a court order that makes a person take action or do not take action. Officers encourage men/women to be proactive when involved in domestic dispute, and they are unclear of the future action of the other party. As a member of
Domestic violence is not a label that can be boxed and defined. No, it is emotions of pain, fear, shock, confusion, and most surprising, love. It is difficult for many to comprehend if not brought up within a violent home; the true, passionate emotions that fall as a burden upon the victims, who often stay quiet. What brings the traumatic pain to domestic violence is that a person who is supposed to cherish and love another, ends up creating fear and panic when even mentioned. Domestic violence, which is indeed a form of abuse, is an issue that needs to be handled with delicate, yet able coherence. Within the society of America, the fight against domestic violence needs to be accepted instead of ignored. In doing so, there are many questions
Non-Molestation Orders prohibit a person from using violence, threatening to use violence, harassing, intimidating or otherwise interfering with another person
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 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 beginning my revision process, I started by staring at my submitted essay over and over. First thought, I should have changed the title to something along the lines of, “Domestic Violence, is there Treatment?” Second thought, Wow!! What a difference I am from the person who first began this course. I took a look back over my previous submitted writing assignments and could see my writing abilities has drastically improved, As I reviewed and reflected on the submitted essay “Domestic Violence and Treatment”, I believe, I did a complete and thorough job in delivering my subject. As I previously stated, I credit you, Mr. Perkins and this course for my improvements. I have always struggled to put my thoughts on paper in a manner that is coherent. I now feel that my ability to write and express my ideas, thoughts and knowledge have grown stronger.
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
There are many different types of domestic violence. Physical abuse is the most obvious form, but this is not to say that outsiders always recognize it. Generally, physical violence causes bodily harm, using a variety of methods. Slapping, pushing, throwing, hitting, punching, and strangling are only a few methods. An object or weapon may or may not be used. There is not always physical evidence of physical abuse such as bruising, bleeding, scratches, bumps, etc., therefore, absence of physical marks does not necessarily mean physical abuse had not occurred. Physical abuse sometimes escalates to murder (Morris and Biehl 7, Haley 14-17).
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
"Abusive Relationships Information | SAFE@UNC." SAFE@UNC. The University of North Carolina at Chapel Hill, 2012. Web. 19 Dec. 2012
Our existence can be illustrated by envisioning a painter who is fabricating a painting. As the painter begins to use the soft brush, its thistles with each movement construct systems and subsystems that are elaborately woven together to display biased perception of ourselves. Consequently, a misguided stroke may alter an exceptional piece of art turning it into a catastrophe. Regrettably, this metaphor unveils the misfortune that can occur in the lives of numerous individuals. Comparatively, like the painter who can be consumed by adversity, a victim of domestic violence with one misstep can eradicate his/her own life.
Domestic abuse in the United States is a large-scale and complex social and health problem. The home is the most violent setting in America today (Lay, 1994). Sadly enough, the majority of people who are murdered are not likely killed by a stranger during a hold-up or similar crime but are killed by someone they know. Not surprisingly, the Center for Disease Control and prevention has identified interpersonal violence as a major public health problem (Velson-Friedrich, 1994). Current estimates suggest that three to four million women are the victims of physical abuse by their intimate partners (Harris & Cook, 1994). According to the FBI, some form of domestic violence occurs in half of the homes in the United States at least once a
The first kind is called physical violence. Physical abuse, including assault, is the intentional use of force against a person without that person's consent. It can cause physical pain or injuries . Physical abuse includes:
Domestic violence is skyrocketing in our society. In the U.S., as many as 1.5 million women and 850,000 men were physically assaulted by their intimate partner last year, and numerous children abused by their parents. These sad criminal acts will continue to grow in our society, unless our community takes action to stop these crimes.