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Domestic VIolence

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by

Josh Ring

on 10 September 2013

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Transcript of Domestic VIolence

Domestic
Violence
Josh - Xavier - Latif
What is Domestic Violence?
A behaviour that occurs in an intimate or family relationship and is violent, threatening, coercive or controlling or causes a victim to live in fear
85%-90% of victims are female
Most documented perpetrators are male
Includes
Physical abuse
Verbal abuse
Economic/financial abuse
Sexual abuse
Hitting
Kicking
Punching
Making threats
Sexual Assaults
Reasons Domestic Violence occurs
Lack of money
Social/cultural isolation
Alcohol/drugs
Unemployment
Discipline methods
A desire for physical dominance
Cultural influences
Gender stereotypes
Failure to enforce violence laws


Often goes unreported

Lack of confidence
Fear of repercussions
Lack of knowledge
Legal system being inaccessible
Legal and Non-legal Responses
Many responses are currently available to both victims and aggressors
Legislation has been established in NSW to help victims achieve justice
The Crimes (Domestic Violence) Amendment Act 1982 (NSW)
Passed to assert the criminal nature of domestic violence and assault
Amendment provides protection for children and adults who are abused by family members
The Crimes Amendment Act 1994 (NSW)
Made to make stalking and intimidation a criminal offence with up to 5 years imprisonment for offenders
The Domestic Violence Intervention Education Program
A Judge can order a person convicted of domestic violence to undergo an anger management course.

The Periodic Detention of Prisoners (Domestic Violence) Amendment Act 1982 (NSW)
Provides for the weekend detention of offenders
Offenders can work during the week (to support family) but are imprisoned on weekends as a punishment for their violence and to avoid further violence.

Legislation & Court Processes
AVO's (Apprehended Violence Orders)
Can be filed by victims to stop perpetrators from inflicting violence or from causing a family member to fear violence
Restricts the offenders behaviour and freedom
Currently the most utilised legal response within NSW
Non-legal responses within NSW includes
Alternative Dispute Resolution techniques
i.e. conciliation, mediation
Counselling
Anger management courses
Help lines
i.e. Domestic Violence Line & Kids Helpline
Schools
NGO's
i.e. ReachOut &EnoughIsEnough
Effectiveness of Legal and Non-legal Responses
Criteria of effectiveness
Meets the needs of society and the individual
Accessibility
Enforceability
Protects individual rights
To be considered effectively "solved"
Domestic Violence stopped in its entirety
All perpetrators to be held accountable for their actions
In NSW Mid-Coast:
Over 1000 domestic violence cases reported per year
Cases presented before courts up 16.7% since 2012
Non-Legal Responses
Counselling & Alternative Dispute Resolution methods, Anger management courses
Encourage individuals and couples to talk to one another, allows them to asses their situation and reach out for assistance
Can sometimes lead to violence, anger
Further relationship complications
Helplines - Kids Helpline/Domestic Violence Line & NGO's
Provide useful information and advice to those that need it
Do not do much in the way of physical protection
Legal Responses
AVO's
Criminal Charges
The Case of Kiesha Weippeart
Both non-legal and legal forms of response can fail those who are vulnerable and incapable of seeking assistance.
Children are highly vunerable to domestic violence
Kiesha was unable to leave the situation due to her dependancy.
She didnt assess her violent situation as being "abnormal"
She was 7 years old - couldnt take her mother to court, couldnt file an AVO against her

Whilst DOCS put her into foster care and her abuse was known to the Department of Family and Community Services, she was returned into her mothers care 2 weeks after they ruled that she remain in foster care until 18.
Effectiveness Criteria
Accessibility

Enforceability

Meet the standards of society and the individual

Protect individual rights
Mother sentenced to 16 years imprisonment for Kieshas murder
Age and dependency

Given back 2 weeks later


Violent life

Right to life compromised
Improving Responses towards Domestic Violence
In 2013, the Hon. Greg Smith, Minister for Justice, introduced the NSW Domestic Violence Justice Strategy

Aims to improve the justice response to domestic violence
$90 million action plan

Reforms current areas e.g.
Improved consistency in the NSW Police Force in responding to domestic violence incidents
Greater public access to behaviour change programs
Targeted strategies to meet the needs of Aboriginal victims and offenders


Theories for why Domestic Violence
occurs

Structural Theory
drugs, alcohol, lack of money
Cycle-of-violence Theory
Aggressor raised in violent household
Believes violence is the only answer to problems
Manifestation-of-Male-Superiority Theory
Males believing they are superior to women
"Men are the boss" attitude = Abuse

Legal responses within NSW includes
AVO's (Apprehended Violence Orders)
Criminal Charges
i.e
R v. Yusuf Aytugrul [2009] NSWSC 275
Family Court Injunctions
To obtain - have to be able to prove on the balance of probabilities - easy
Variety of orders can be made
Can last 6 months +
Interim AVO's can be gained over the phone if in immediate danger
Doesnt give offender a criminal record
In reality - is only a piece of paper
May make matters worse
Victims can lie their way to an AVO
Effectiveness Criteria
Accessibility

Enforceability

Meet the standards of society and the individual

Protect individual rights
Effectiveness Criteria
Accessibility

Enforceability

Meet the standards of society and the individual

Protect individual rights
Effectiveness Criteria
Accessibility

Enforceability

Meet the standards of society and the individual

Protect individual rights
Relativly Accessible/ Inexpensive for a legal process

Enforceable by Law


Protects victims - fulfils its role in most cases





Protects individuals right to safety
A result will always be finalised
Offender will have a criminal record
Court - Expensive, time consuming, traumatic
Be proven beyond reasonable doubt
Only the current offense is examined
Expensive




Enforceable by Law




Protects victims - fulfils its role in all cases



Protects individuals right to safety and justice
Family Court Injunctions
Possess most benefits AVO's have
Takes longer to obtain than AVO's
More expensive than AVO's
Lack of enforcement
Expensive and time consuming


Enforceable by Law to a degree




Protects victims and their families





Protects individuals right to safety and justice
Effectiveness Criteria
Accessibility

Enforceability

Meet the standards of society and the individual

Protect individual rights
Effectiveness Criteria
Accessibility

Enforceability

Meet the standards of society and the individual

Protect individual rights
Effectiveness Criteria
Accessibility

Enforceability

Meet the standards of society and the individual

Protect individual rights
Relativly inexpensive



Outcomes arent enforceable by law


Protects victims If successful






not really
Very Accessible




Gives advice





Educates society







no
Schools
Excellent source of help for children, can give advice and references to exterior resources
Do not do much in the way of physical protection, only applicable to enrolled students
Very Accessible
but only to students



Gives advice





Educates and helps






no
Jean Lennon Case - Length of time proved fatal
Andrea Patrick Case - Took law into own hands
Full transcript