Domestic Violence Reform

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

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

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 major issue with in the Australian society. Domestic violence is defined as a deviant behaviour by a person towards another person in a relevant relationship in any way that controls or dominates another person. (Domestic violence, 2014) ‘The Psychological of Criminal and Antisocial Behaviour’ state that, the primary form of domestic violence is classed as intentional violence. Intentional violence refers to the violent behaviours that are enacted with purpose, its occurs in domestic relationships, where there is a clear imbalance of power. (Mauro. P, 2017)

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).

Prompted from the analysis phase results, the administration of a third-party strategy will be executed in this phase to confront domestic abuse (Rogers, 2010). The police along with government agencies, health care providers and educational partners will alert and educate at-risk victims and warn at-risk offending populations to prevent and persuade that if abused then the authorities will be contacted using educational tools and programs (Mazerolle, 2014). It will also educate third parties such as neighbours, family members and the community on the importance of calling authorities to reduce abuse. Specialised commercials produced by the criminal justice system and victims’ advocates will be aired during times that domestic abuse is mostly reported to be committed. Furthermore, specialised programs that solely concentrate on victims, their families and offenders will be made mandatory to attend and complete by the court system. Validation that the police force, collaborating with third parties, who have more influence and power such as legal services and victim services, can aid in preventing and reducing domestic abuse by executing specialised programs for both the victims, families and offenders (NSW Government,

Domestic violence has in recent years emerged as a mainstream legal and social issue in Australia. Recent cases such as the death of Luke Batty, at the hands of his father have attracted media attention and put the issue on the forefront for many politicians and important public figures. In Australia, domestic violence is the most prevalent form of violence experienced by women, a woman is more likely to be assaulted in her home by a male partner than anywhere or anyone else (Dunkley & Phillips , 2015). Furthermore adolescents living with domestic violence are at great risk of experiencing emotional, physical and sexual abuse (Stephens, 2015). Domestic violence also

Even though there are more services and awareness about domestic violence in Australia, it is still an epidemic with 1 in 3 people affected. Those affected usually do not seek support from outside sources due to being scared of the reactions of the perpetrator, fear of not being believed or even fear of what the police or other services may do to their family. This leaves the victim in a vulnerable situation feeling helpless and subjected to more and more violence overtime, increasing risk of suicidality or worse, murder.

Everyone seems to worry when it comes to alcohol or drugs but not when it comes to domestic abuse. Domestic violence refers to the acts of violence that occur within intimate relationships or between family members, this includes physical, sexual, emotional and psychological abuse. On average at least one woman a week is killed by a partner or former partner in Australia. this fact alone is enough to alarm most people. you might think that this fact was made up but it is very real, this statistic is pretty bad but at least one in three women has experienced physical violence since the age of 15.

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 (What is domestic violence? 2016). It 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).

Australian studies have thrown that partner abuse within Australia ranged vastly from 2.1% to 28%. This is because results were largely dependent on the definition of domestic violence used in each study. The lack of precise definition of the term results in a number of various definitions. It is therefore essential that all forms of abuse, whether they are physical, sexual or verbal, truly are categorised under the term domestic violence (Hegarty and Roberts, 1998). Hence, it is evident that perceptions of domestic violence would vary from one individual to another.

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

Based on statistics women’s rights to safety and life is repeatedly violated. Almost one in three Australian women experience domestic violence, leading domestic violence against women to have high rates and remain a major issue. The government-appointed National Council to Reduce Violence Against Women and Children delivered its report in April 2009. In August 2010, the Australian Government released a draft National Plan to Reduce Violence against Women and Children, but this has yet to be implemented fully, which is a factor that proves the laws in place do not achieve social cohesion.

The legal processes in dealing with domestic violence as a problem in a family relationship, address the complex and varied needs of all individuals involved. Domestic violence is an act whether physical or verbal that is violent and abusive in nature occurring in a domestic relationship. The Family Law Legislation Amendment (Family Violence and other Measures) Act 2011 (Cth) addresses many significant and substantial areas of dealing with domestic violence further to this highlighting the complex relationship between the changing values of society and the need for laws to reflect these values addressing the integral relationship between law reform and the legal processes in dealing with problems in family relationships. The legal processes in dealing with domestic violence effectively address the need for further protection of the individual from violence whether this be through the application of an Apprehended Domestic Violence Order (ADVO) under state law or a Family Violence Order under federal law including a family court injunction as these act as inexpensive ways for personal protection supported by the criminal law contrasted to a further legal process in dealing with domestic violence in which the perpetrator is charged with a criminal offence. Whilst some states have introduced mandatory counselling in order to further address the issue, the most effective legal processes are deemed to be the reform of laws in order to meet the needs of society, the application of

Domestic violence is defined as “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” (Home Office, 2013, p.2). The Home Office (2013) further clarified the types of abuse to include physical, psychological, sexual, financial and emotional. The survey conducted last year in England and Wales showed 8.5 percent of women (estimated 1.4 million) and 4.5 percent of men (estimated 700,000) reported as victims of domestic violence (Office for National Statistics, 2015). As regards to Police recorded in England and Wales during 2013/14, about 46% of all female victims of homicide were killed by current or former partners, while only 7% of all male victims of homicide were (Office for National Statistics, 2015). Furthermore, Harned (2001) reported that women were more likely to be victims of sexual violence, whereas men were more likely to experience as psychological aggression victimisation.