The Australian Human Rights Commission: Long-Term Effects Of Family And Domestic Violence

Family violence in Indigenous communities is linked with the Domestic violence policy (Parliament of Australia, 2011). The Current definition used by the Australia government to guide domestic violence policies. Is that domestic violence “refers to acts of violence that occur between people who have, or have had, an intimate relationship” (Chung & Wendt, 2015, p.202). In addition the policy states that violence in a family relationship to be between two people related by blood or marriage. (Department of communities Child Safety and Disability Services, 2012). Thus family violence must have a separate policy to be able to address the accurate impacts of the problem in Indigenous Communities (Larsen & Peterson, 2010).

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 the purposes of this paper, the definition of family violence provided in the Queensland Family Violence Protection Act 2012 is utilised. According to the Act, family violence is behaviour that controls or dominates a family member in any way, and causes them to feel fear for their own, or another family member’s, safety or wellbeing. It can include physical, sexual, psychological,

The plan aims to concentrate on two forms of violence; that consisting of sexual assault as well as domestic and family violence. Research conducted has demonstrated there is a strong connection between how people view the gender roles on men and woman and violence against woman and their children. The plan is concentrating on prevention, stopping the violence before it starts, offering assistance to woman who have experienced such violence, stopping men from committing violence and using evidence based research to determine ‘what works best’ in order to formulate effective strategies in tacking domestic and sexual related violence in the future. The council recognises that violence against women and children is an extremely complicated issue within Australia and the plan aims to deliver a

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

For a long time, there was a belief that situations that arose within the family were solely a private matter. Women were treated as possessions of men and the law did not legally recognise the rape of a wife by her husband. In recent times, society’s attitudes towards domestic violence have changed considerably. Once, the only avenue that existed for victims of domestic violence was through criminal law. Today, all states of Australia have enacted various forms of domestic violence legislation to deal with this growing problem within our communities.

Domestic Violence is a major issue in Australia right now and many believe that there are not enough resources to help domestic violence victims. 25% of women report being affected by domestic violence in their lifetimes and yet there is still not much being done. One of the main reasons women stays in the home where they are experiencing domestic abuse is because they do not feel safe leaving their home. Domestic violence victims are being turned away from refuges and being sent to motels and caravan parks, the refuges instead take in homeless people.

Domestic violence is a growing concern in Australia. Police handled more than 3,000 domestic violence matters in just one suburb of Brisbane in the past 12 months and for the whole of Queensland, handled another 25,000 matters.

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

Children who experience domestic violence may be as a result of emotional, physical, and sexual abuse weather this abuse was in forced by parents or other candidates. Parents and other candidates may contribute violence behavior because anger management, drug and/or alcohol addiction, or uncontrollable actions. Because no cause of domestic violence is tolerable, this impact on children may cause depression, anxiety, and increase in aggression, trauma symptoms, and antisocial behavior which will affect one’s life. Committing crimes, aggressive behavior and even suicide thoughts may occur due to ones domestic violence which will affect ones daily life. These children aren't the ones who should be blamed for their consequences of behavior, however those who inflected the violence and as a result these children have major social, behavioral, cognitive, and emotional effects. “An earlier study found that 23 per cent of young people aged 12 to20 years had witnessed violence against their mother or step-mother; 42 per cent of Aboriginal and Torres Strait Islander (ATSI) young people” (Mitchell,

The term ‘‘domestic violence’’ will be used in this entry and will refer primarily to female victims of male perpetrators. While it is also recognized that abuse can occur in

Radford and Heister (2006:7) define domestic violence as the coercive control of an adult by an intimate partner, involving physical, sexual, emotional, psychological or financial abuse. Domestic violence against women is a global problem without geographic, religious, social, economic, cultural or national boundaries (Women’s Aid, 2005). According to Chitashvili et al (2010) violence against women is seen as a social problem with detrimental effects on the health and well-being of the victim and the people around. Women who are victims of domestic violence are deprived of their right to participate in societal life and are held prisoners under special conditions put by the immediate social setting such as family, social norms and values shared by the majority (Karanja, 2003). According to Harne and Radford (2008) domestic violence before the 20th century was an acceptable social order in male dominant cultures, approved and justified in their customs and traditions but today feminists movements are fighting for the rights of women and have managed to bring the issue of domestic violence into the public domain. .

Violence against women has been recognised internationally by the world Health Organization (WHO, 2013).Women has been facing different types of violence since the age of 15 such as physical, emotional or verbal abuse. The highest prevalence of domestic violence (DV) is from their intimate partner/perpetrator both physical & emotional (WHO, 2013). It has been depicted by the Australian Bureau of Statistics (ABS, 2013) that rate of domestic violence against women by their intimate partner will increase in future. The main objective of this paper is to endorse awareness and educate all women who has experienced or are potential of undergoing domestic violence. This paper is significant of women in general who are victims of domestic violence by their intimate partner & for those who are potential victims. The health promotion program developed will make a significant change to the victim’s life. This will also empower women’s rights & prevent avoidable upcoming events.