Major Provisions Of The Queensland Law Essay

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.

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

Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

Your managing partner has handed you the Supreme Court of Queenslands’ decision in The Public Trustee of Queensland and Anor v Meyer and Ors [2010] QSC 291 and asked you to answer the following questions. You should assume you are answering questions for someone who has not read the case, so be sure to provide sufficient detail in your answers. You do not need to provide reference details for Part A of the assignment.

In order to determine whether Y and Z are subject to the proposed law, the

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.

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

Domitus Ulpian said, “Justice is the constant and perpetual will to allot to every man his due.” Justice is what allows a society to operate and function. It is upheld and enforced by a system of rules known simply as the law which are officially recognised and imposed on states to govern behavior. Some form of law has always existed in human history whether it be in an unwritten customary form or in a written format like a constitution (Milgate P, 2013). The law and legal system around the world has developed throughout history to the point that there are many different categories and sub categories of law. In modern day Australia, the legal system has been modelled after the English system. This is a combination of statute and common

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

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).

“Violence pervades the lives of many people around the world, and touches all of us in some way. To many people ” Domestic abuse was seen as violence that occurred between adults in an intimate or family relationship. However, through time the definition of domestic abuse violence became socially constructed. There are two main definitions used in civilisation today by Home Office and World Health Organizations. Home Office defines domestic abuse to be “any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality”. This specific definition is used throughout the United kingdom, it emphasizes on the fact that your sexuality and gender does not stop you from becoming a victim of abuse, when any behaviours mentioned above happens to anyone 16 and over it is considered by law to be abuse. World Health Organisation uses the term ‘intimate partner’ in their definition of domestic abuse, it is “any behaviour within an intimate relationship that causes physical, psychological or sexual harm to those in that relationship”. Both definitions categorise domestic abuse to include physical aggression, controlling behaviour, emotional and psychological abuse. The concept of domestic violence between intimate partners or family members has always been a major part of society. However,

This essay will tackle the fundamental problems men and women face in regard to domestic violence. It looks into the effectiveness of non-molestation orders under Section 42 of the Family Law Act 1996. The research applied, draws upon journal articles, books and cases to analyse how effectively men and women are protected.