The Legal System Of Domestic Violence

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,

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.

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

Domestic violence has become an increasingly dominant problem within Australian society but is constantly pushed to the side like a burden. Domestic violence is a relationship between intimate partners in which one individual seeks to assert power and control over the other and cause fear or intimidation and doesn’t have to be physical abuse, it can be emotional, psychological, financial, sexual or other types of abuse. It can affect anyone in the community regardless of gender, sexual identity, race, age, culture, ethnicity, religion, disability, economic status or location ("home - Domestic Violence", 2016). Violence isn’t just physical violence it can also be sexual, verbal, psychological, emotional, spiritual, economic or social. Domestic violence is the most frequent form of assault in Australian society nevertheless, it remains a hidden problem because it occurs within the privacy of the home and those involved are usually reluctant to speak out. Women and Children are commonly affected by domestic violence in fact, 33.3% of women had experienced physical violence since the age of 15 (Domestic Violence Statistics, 2016). Although, studies show that men are not the only perpetrators, in fact more than 10,000 men alone have been affected by domestic violence in NSW ("10,000 men are domestic violence victims", 2016).

Domestic abuse is a phenomena that can happen to anybody, no matter their age, gender, education, socio-economic level or their sexual orientation and is recognised by the Australian government as behaviour that is violent, threatening, coercive, controlling or intended to cause fear (Phillips and Vanderbroek, 2014). This essay will argue that the contempory social construction of masculinity in Australian society contributes to domestic violence. This essay also argues that there is a common view that the government has a responsibility to address the high rates of domestic abuse. This essay will discuss how gender roles, globalisation, history and the patriarchy affects domestic abuse and how the government helps both the victims and the

Domestic violence has always been a closed door topic. However, in light of the surge of violent cases in recent years, it is evident that victims need a greater voice in the Australian criminal justice system. Therefore, past and current legislature shall be analysed and the need for legal change shall be justified by shortcomings in the Queensland state law, before recommendations are posed to rectify this issue.

When you are arrested for a crime, you have certain rights and one of those rights is to speak to a lawyer before you answer any questions from the police. Whether you have been accused of a minor traffic violation or a capital offense, you are entitled to these rights. As soon as you are arrested, advise the arresting officer that you would like to speak with your attorney and give Ms. Feiger's office a call.

Physical violence effects one in three women globally (World Health Organisation, 2013, DVRCV), within Australia killing one woman nearly every week (Chan&Payne 2013). Women and children are disproportionally represented in statistics regarding family violence with higher rates of being affected. State and Territory police diagnosed the cause of domestic violence as primarily society’s attitudes towards women that condones such violence (Guardian Australia, 2014). Domestic Violence against Aboriginal women is seen as a “national crisis” (Langton, M) as indigenous women are 35 times more likely to be hospitalized by family violence than any other woman. Within indigenous communities underreporting, inconsistent levels of underreporting and hence disproportionate violence rates affect the services available for victims and

Thousands of women and children in Australia lives are shattered from family and domestic violence, it causes physical and psychological damages. The failure to articulate its long-term effects, has social and economic consequences. The Australian Human Rights Commission have conducted human rights laws to free and protected anyone from a history of family and domestic violence, So nobody inducers physical, emotional and sexual abuse again.

According to the Australian Bureau of Statistics half of the female victims of domestic violence experience more than one incident of abuse (Australian Bureau of Statistics, 2013). In Queensland using spousal abuse as a defence to murder can be problematic for female defendants who kill their abusers. Jurors in most cases relating to spousal abuse tend to find the act of pre-emptive killing in self-defence not justifiable. Queensland’s Criminal Code should be amended to allow the ‘Abusive Domestic Relationship Defence’ to be used as a full defence. This can be proven as victims of violence tend to lack the ability to make logical decisions; individuals feel a case of entrapment and the victim signals violence and acts before the onset of abuse.

Chapter 3: The Laws and Policies of Domestic Violence and the Services Available to Male Victims.

Domestic violence is a serious problem that can happen to anyone, anywhere. It takes a significant impact on an individual and their community. This type of violence is very common amongst households, just under half a million Australian women physical or sexual violence/assault in 12 months.

There are laws that punish those that domestic violence against another person by causing emotional or physical harm to other with whom they share a family or other close relationship. “The domestic violence laws also deal with the civil protections that are available to victims of this type of crime (Brinkman 2004)”. Federal legislation decided that domestic violence should be a crime, which is called the Violence Against Women Act. Most of the time domestic violence offenses are prosecuted under the state laws. “In all states, when a person is convicted of domestic violence, it is a requirement that the defendant’s conduct and relationship to the victim meet certain standards. In each state statutory provision describing these aspects may

Domestic and family violence has now more than ever become an increasing problem with 34% of women who have ever had an intimate partner have experienced at least one form of partner violence during their lifetime (Mouzos & Makkai, 2004, p. 87). It Stops Here (NSW) was launched in 2014, in response to the increasing prevalence of domestic and family violence being experienced by predominately women and children. It guides how the NSW government prevents and responds to domestic and family violence. Through discussions with the public, relevant agencies, organisations and service providers It Stops Here (NSW) developed a Domestic and Family Violence Framework which consists of five elements: element one a “strategic approach to prevention and

As stated by the Executive Office of Public Safety and Security, “domestic violence is defined as a pattern of coercive and controlling behaviors and tactics used by one person over another (by or to any household member) to gain power and control. This may include verbal abuse, financial abuse, emotional, sexual, and physical abuse.” (The Official Website of the Executive Office of Public Safety and Security.)