Analysis: The Family Law Act of 1975

This essay will look at how social policies and laws affect families in a positively or negatively. Some of the key concepts that will be touched upon will be how functionalist agree that social policies are positive due to the march of progress getting better due to laws in place. The essay will also look at how it negatively affects families, such as how feminist think social policies promote patriarchy in the family.

Domestic can be defined in many ways but the simplest meaning is ‘involving the home or family’ whereas violence means an ‘act of aggression as one against a person who resist’. In addition, violence does not relate to relationship problem or issue but is social context of reflection of a man overruling woman. It happens to all walks of people in life despite of age, sex, race, assets and cartography. Notwithstanding, scoop by both male and female endure hurts during intimate relationship, domestic violence is greatly impact by both gender.

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

Family Law is a diverse and specialised branch of law, being both emotional and complex. However, despite this family law is relatively effective in achieving ‘just and fair’ outcomes for couples and status for children, yet ineffective in ‘resolving disputes’ over children and domestic violence issues.

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

Society’s opinions are constantly, and rapidly changing, and consequently this poses significant challenges to the family law system in Australia. A family is a social unit containing individuals related by blood, marriage or other legally recognised relationships. Family law reforms have been implemented over the past three decades, entailing the recognition of same sex couples. Furthermore, a statutory presumption of shared parenting – as instigated by society’s transitioning values – displays the changing nature of parental responsibility. Not only are society’s views progressing, but surrogacy and birth technologies are

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

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).

Article 1 focused on two key questions; ‘does the decision to imprison differ between domestic and non-domestic violence cases when perpetrators are sentenced under similar circumstances’ and ‘whether domestic violence perpetrators receive prison terms similar to non-domestic violence offenders’(Bond & Jefferies 2014, p856). The research relied on adult lower court data. The results from a sample of 64,238 cases found that domestic violence cases differ significantly from non-domestic violence cases, on most characteristics. Offenders in domestic violence cases are on average older, more likely to be indigenous and less likely to be female. Judicial use of incarceration is slightly (but statistically significant) higher in domestic violence cases compared with non-domestic violence cases, of

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.

Nils Christie, Conflict as Property - A Brief Examination Through The Example of Domestic Violence Laws

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given set of goals. Although it’s a rampant crime, domestic violence is rarely reported. Analysis of the policy on domestic violence is, therefore, important in order to address the problem and achieve the ultimate goal of reducing or eliminating it altogether.

Under Section 120 of the Adoption and Children Act 2002 states that: “Children living in households where domestic violence is happening are now identified as "at risk" under the Adoption and Children Act 2002. From 31 January 2005, Section 120 of this act extended the legal definition of harming children to include harm suffered by seeing or hearing ill treatment of others.