Section 76 Of The Serious Crime Act 2015 To An Extent Has

With regards to the Secretary of State for Justice, this report will investigate domestic violence within England and Wales. As the government advisor, I will be looking into the definitions and key legal documents associated with this crime, its prevalence within today’s society, the offenders and it’s victims of domestic abuse alongside the causes and motivations which may cause domestic violence. Furthermore, I will be giving any criticisms and recommendations I may have as to how this crime type should be addressed in the future.

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

The first guest speaker to present was Doreen Lesane, an Advocate against Domestic Violence. She gave a general power point presentation on what domestic violence is and how to properly assist a client in that predicament. She goes on to explain that domestic abuse and domestic violence are consider two different forms under the law. The law does not recognize domestic abuse as a criminal act and is categorize as nonphysical form of abuse. As a social worker our goals is not to get the client to flea an abuse relationship but to provided serveries to better Accommodate client by helping them create safety nets. Prof. Elaine Reid makes a startling claim, woman are more likely to be murder when they are trying to leave an abuse spouse, and this is also refer as separation violence. Nevertheless it is important not to judge these individual and to handle the case in a professional matter. As social workers it is essential that we safety guide our client with their approval, out of domestic situation by providing resource, support, understanding and professional services.

The latter case of DPP v Carr (2002) shows many similarities, providing that arrest should and can only be used as a method of last resort, and must not be used for minor offences where the defendant can be identified . In this particular matter, a highly intoxicated Mr Carr was of the belief that police were accusing him of throwing a number of rocks, when this was not the case. This confusion led Mr Carr’s to use offensive language, which provoked the police officer to caution the accused. Mr Carr was then soon after arrested for offensive language because of the continuation of this offence, and also for resisting arrest and assaulting a police officer in the execution of their duties. The main issue in this matter was whether or not the arrest was lawful, and if so, was it improper. It is important to note that this case was decided before the provisions of LEPRA was passed by the parliament and became valid law meaning the Court had to rely on common law principles to determine its outcome. The arrest for vulgar language in this case was held to be proper because the officer had reasonable suspicion (having witnessed him swearing and

Domestic violence is a crime that occurs regularly within the United States. It claims millions of victims each year. There is not a specific cause to establish why domestic violence occurs. However, it has been documented that domestic violence is a product of physical, emotional, sexual, psychological, and any other forms of torture or torment that the particular abuser wishes to employ to gain control or power over their victims (Gosselin, 2005). Due to the complexity of this crime, many criminologists and socialologists have studied its causes and the effects in order to determine social policies and additional theories to better understand the causation of domestic violence. The social policies and theories that are developed from

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).

The effects of intimate partner violence are attenuating and extend far beyond physical scarring. The abuse of woman and children has been researched extensively by Rachel Pain (2014, p. 536) as acts of “terrorism within the home”. If we are to compare the experience of women and children living in violent homes and the act of ‘terrorism’ itself we get a corresponding experience (Pain, 2014, p. 546). The construction of fear, the loss of identity, the ongoing distress of constantly feeling unsafe, isolated from all support networks are the surreal and ongoing daily struggles for domestic violence victims. Living in such horrific conditions has immense physical and psychological effects on those directly exposed or indirectly exposed to such violence. Through this research the links between domestic violence and ill health has been well-established. In an attempt to combat this prevalence element two of It Stops Here (NSW): a “streamlined referral pathways to support victims’ safety and support their recovery” was introduced (NSW Government, 2014, p. 18). Through this second element, there has been a strong focus on being able to better identify risk and supporting victims. From the inquest inquiry into Luke’s death, Coroner Ian Grey stated that "I find that there is no validated risk-assessment tool that can accurately predict whether a parent is likely to commit filicide." (ABC News, 2015). In an attempt to close the gap on such issues in July 2015 It Stops Here (NSW)

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.

The passage of the Mandatory Minimum for Domestic Violence Act is imperative to the health and well being of domestic violence victims. Victims are counting on the support of authorities to aide them in their time of need. It is the duty of those in the legislation as well as police force to protect those who need it. If someone is a victim of domestic violence, the criminal justice system needs to protect him or her. Empowerment of the victim is critical when trying to stop domestic violence and law enforcement and the legal system can aid with this step. The victims get the protection and security they so desire and the offender receives the punishment as well as the treatment in order to curtail the bad behavior. The aim is not to lock up

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 a type of abuse by one or both partners in marriage, friends, family, dating or cohabitation” (Aziz & Mahmoud, 2010). There are many forms of abuse from verbal and emotional to physical that often escalates over time in intensity for the victim. Data from the criminal justice system, hospital patient medical records and mental health records, police reports, surveys and social services reports of thousands of women revealed that many are injured and killed as a result of violence from someone close to them. “The US Office on Violence Against Women (OVW) defines domestic violence 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 regardless of race, age, sexual orientation, religion, or gender” (Robertson & Murachver, 2009). Researchers and the criminal justice system have not been able to agree on a clear definition to domestic violence which can range from physical injury, stalking, verbal abuse and humiliation, denial of shelter and access to money, and intimidation through aggressive behaviors. The definition of domestic violence may vary but the results from physical injury, mental and emotional trauma, and sometimes even death can last a life time.