Legal Processes in Dealing with Domestic Violence

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

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

The Family Law Amendment (Shared Parental Responsibility) Act 2006, despite having good intentions was criticized for its ‘friendly parent provisions’, which deterred women from raising issues of domestic violence. In response to this, the government passed the Family Law Amendment (Family Violence and other Measures) Act (2011), which stipulated that family violence be a key consideration in deciding who the residential parent was to be. However, Adivia Sifiris in the ‘Right Now’ article “Impacts of Family Law Amendments” criticized the mediation process, stating that violent spouses are still able to intimidate. Thus, despite the resource efficiency of mediation processes (‘$3000 a mediation session compared to a $10,000 day trial’, February 2012, SMH), further work needs to be done in order to ensure that the resolution to disputes protects the rights of the vulnerable spouse.

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

Module one focused on domestic violence and understanding the basics, which include the dynamics and common tactics that characterize domestic violence, impact on both the individual and society, and solutions to domestic violence. The website was easily accessible, and the information provided about the topic of domestic violence was both useful and interesting. Several statistics were given throughout the module that helped get across the seriousness of domestic violence. For example, one in four women are victims of domestic abuse within their lifetime. That statistic alone expresses how common domestic violence is within society.

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 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).

Section 76 of the Serious Crime Act 2015 to an extent has added to the existing criminal remedies by focussing not just on the physicality of domestic violence but also the psychological aspect in terms of controlling and coercive behaviour (coercive meaning acts used to harm or frighten and controlling meaning acts used to make another subordinate by isolating and depriving them ). However, it has not significantly changed the rules of evidence in protecting victims of domestic violence. In this light, it can be argued that there are problems with the implementation of section 76 in that it does not fully protect victims of domestic violence.

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.

On 03/18/2017 at approximately 2132 hours, I was dispatched to 8340 Rd. 46 in the County of Montezuma, and State of Colorado for reports of a domestic disturbance.

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

According to “The United States Department of Justice” Domestic violence is defined 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 has different forms sexual, physical, emotional and psychological actions or threats. These forms of treatment can influence another person. There are

Advocating is about speaking up when something goes unseen. Women in Distress of Broward county, is the only nationally accredited and state certified, full service domestic violence center. The mission of the organization is to stop domestic violence abuse for any and every one through advocacy, intervention, and education. The residential advocates provide a countless of resources to their participants that are in shelter. Women in Distress is very client oriented and stresses the delivery of the highest quality care for the families to the point that they will ignore their employees well-being.

These include federal domestic violence laws and law enforcement measures. Common intervention strategies include batterer intervention programs, arrest, protection order, court intervention, and prosecution. Even though, increased warrantless arrests, firearm confiscation, prosecution, and financial aids to families with dependent children were associated with a decreased rate of domestic violence, research shows that some chronically aggressive intimate partners continue to abuse their partner regardless of the interventions. Furthermore, understanding demographic differences among victims and abusers including race and education level, can help to predict which intervention will work best for specific groups (National Institute of Justice, 2007). According to Bradford and el‘s opinion regarding the Criminal Justice System’s response to domestic violence, there is a need for service provider and policy makers to provide preventive interventions. The policies should provide crucial skills, attitudes, and knowledge that give partners a better chance of developing and sustaining a healthy mutual satisfying couple relationship” (Bradford & el, 2015). According to research documentation (women's health magazine, 2013), despite the above measures by the state government, the prevalence of the abuse persists. Furthermore, measures against physiological/ verbal