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DOMESTIC VIOLENCE

DOMESTIC VIOLENCE. Domestic violence is actual or threatened violence or harassment occurring within a household or between family members Not only physical violence – includes verbal and psychological violence such as intimidation, threats and depriving of money or freedom.

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DOMESTIC VIOLENCE

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  1. DOMESTIC VIOLENCE

  2. Domestic violence is actual or threatened violence or harassment occurring within a household or between family members • Not only physical violence – includes verbal and psychological violence such as intimidation, threats and depriving of money or freedom

  3. Statistics on domestic violence • One in five women have experienced violence by a current or previous partner • Domestic violence is the single biggest health risk to women aged 15-44 • In 2011, NSW police recorded 26,673 domestic violence assaults – nearly 40% of all assaults reported • It is believed only a small proportion of domestic violence is actually reported • Between 2003-2008, 42% of all homicides in NSW were domestic-violence related; the victims were mostly women

  4. Why has it been such an under-reported crime? Why don’t victims leave an abusive relationship? • In the past, police and society often viewed it as a private family matter • The legal system’s response to domestic violence has not always provided prompt responses, nor effective protection (Jean Lennon case 1996, Bardakos case 2003) or support for victims plus victims are often too scared or embarrassed to involve the law • Women have been reluctant to take their children and leave their homes to an unknown destination

  5. ADVOs • 1982 – Apprehended Domestic Violence Orders introduced – victims only need to prove ‘reasonable grounds for fear’ on ‘the balance of probabilities’ (civil matter), unlike pressing criminal charges • breach of ADVO is a criminal offence • ADVOs forbid further violence, harassment etc and the accused from coming close to victim’s children, residence, place of work etc

  6. ADVO effectiveness Benefits: - simple, quicker, inexpensive access to legal protection (22,000 ADVOs issued a year) - ensure greater compliance by making public the violent behaviour, plus a serious contravention of ADVO will usually result in a prison sentence which may act as a deterrent to many, preventing further violence - NSW Law Reform Commission found that ADVOs were effective by making domestic violence more visible to the community and empowering many women by a) acting as a statement that violence will no longer be tolerated, b) being a viable mechanism to end an abusive relationship, and c) often assisting victims to come into contact with unfamiliar support services Problems – - the fear of violent retribution on the victim once an ADVO has been sought (see Jean Lennon case) - breaches can be hard to prove

  7. Further domestic violence reforms • Crimes (Domestic and Personal Violence) Act 2007 (NSW)– this stand-alone act highlighted domestic violence as a serious crime. Under this act, police are required to apply for an ADVO if an offence committed is recorded as a domestic violence offence • Bail Act 1978 (NSW) amendments removed presumption that bail will be granted in relation to domestic violence offences or breaching an ADVO where the defendant has a history of violence; Firearms Act 1989 (NSW) amendments allow police to seize any firearms present when called to the scene of domestic violence Now look at the following SMH article “New powers for police in domestic violence cases’: - How effective do you think this reform is?

  8. Other responses to domestic violence • Women’s Domestic Violence Court Assistance Scheme provides free legal assistance to women when they first go to court to obtain an ADVO • Women’s Refuge Program has enabled women and children to flee domestic violence by providing accommodation – often been more effective than legal system in providing immediate protection • Stay Home Leaving Violence program assists women to stay in their homes by removing the violent offender, providing alarm systems, changing locks etc

  9. Other responses (cont) • High-profile education/media campaigns have increased awareness of the issues surrounding domestic violence – this has helped reduce the social stigma for victims, inform the community and encouraged perpetrators to obtain assistance with their behaviour eg anger management counselling (encouraging cooperation?)

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