Family: 2. Responses to problems in family relationships: DV Flashcards Preview

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Flashcards in Family: 2. Responses to problems in family relationships: DV Deck (38):
1

Domestic violence is principally governed by the

Crimes (Domestic and Personal Violence) Act 2007 (NSW) and relates to any act of violence, whether verbal or physical of a violent or abusive nature that takes place within a domestic relationship.

2

INTRO: Due to the extremely complex nature of DV, the laws which respond to this issue will

continually need reform. moderately effective in achieving justice. It is important to note, however, that in order to address this issue, the many underlying factors which contribute to domestic violence must first be addressed. Although

3

intro : Due to the extremely complex nature of DV, the laws which respond to this issue will continually need reform. Current laws have been moderately effective in protecting individuals and achieving justice. It is important to note, however, that in order to address this issue, the many underlying factors which contribute to domestic violence must first be addressed.Although...

current legal measures attempt to provide justice for victims by mitigate the impacts of domestic violence on the individual, they are largely reactive

4

In responding to the extremely complex area of domestic violence, the law has proved moderately effective in achieving justice. It is important to note, however, that in order to address this issue, the many underlying factors which contribute to domestic violence must first be addressed. Although... current legal measures attempt to provide justice for victims by mitigate the impacts of domestic violence on the individual, they are largely reactive

to the occurrence of domestic violence and have proved only partially successful in acting as a deterrent. thus there exists a need for a symbiotic relationship between legal and non-legal measures to overcome this endemic problem within society.

5

Historically, women were viewed as the property of men and upon marriage

she became 'unito caro' with her husband. Despite significant advances in achieving rights for women, women are still the most at risk of domestic violence.

6

Law reform played a significant role in responding to changing community values with regard to DV, as

well as addressing perceived failures of existing law.

7

The FL Amenmdnet (SPR) A 2006 (Cth)

defined DV to include actual or threated acts so as to recgonise more victims.

8

Commonwealth report which led to 'FL Amendment (Family Violence and Other Matters) Act 2011' (Cth)

'Family Violence and Family law in Australia' 2010

9

Commonwealth report which led to 'FL Amendment (Family Violence and Other Matters) Act 2011' (Cth) 'Family Violence and Family law in Australia' 2010

highlighted a lack of definitive legal provisions to prioritise protection from harm over shared parenting.

10

Commonwealth report 'Family Violence and Family law in Australia' 2010 highlighted a lack of definitive legal provisions to prioritise protection from harm over shared parenting. led to

'Family Violence and Family law in Australia' 2010
---> Prioritises child's safety over their right to a meaningful relationship with parent
---> Amended the previous FL (SPR) A 2006 to encourage the reporting of DV.

11

Adiva Sifris 2012

"Family Law and the Impact of Recent Amendments "

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Adiva Sifris 2012 "Family Law and the Impact of Recent Amendments "

criticised the 2011 amendment for not addressing that FV victims still participate in FDR and are "encouraged to reach settlements that may expose them and their children to violence"

13

Thus in looking at
---The FL Amenmdnet (SPR) A 2006 (Cth)
Commonwealth report 'Family Violence and Family law in Australia' 2010
---- 'FL Amendment (Family Violence and Other Matters) Act 2011'
----Adiva Sifris 2012 "Family Law and the Impact of Recent Amendments "

reforms have made some improvements but there needs to be more.

14

Reform to the NSW system has led to further responses to DV as well as highlighting issues of compliance and non -compliance.
---> Furthermore, the overlap

between fed and state jurisdictions has contributed to resource inefficiency and delayed outcomes for victims in delivery of justice and the resolving of conflicts.

15

what recognises all forms of DV as criminal acts in NSW

The Crimes (Domestic and Personal Violence) Act 2007 (NSW)

16

The Crimes (Domestic and Personal Violence) Act 2007 (NSW) has attempted to deter offenders, however its success has been limited, as highlighted by

case of R v Abrahams 2013: max 22 sentence for murder of daughter.

17

DV has steadily risen by 2.2% over past 5 yrs according to what

2015 BOCSAR 1/4ly report

18

To address rising cases of DV in 2014 and to improve the capacity to achieve justice for victims what was introduced?

Criminal Procedure (DV Complainants) Act 2014 allows recorded interviews of victims at scene for evidence in court to strengthen victim's evidence, as often very difficult to be a witness in court.

19

Criminal Procedure (DV Complainants) Act 2014 success revealed in

ABC 2015 article 'Recording Crimes Scenes on video new tool for tackling Australia-wide crisis."

20

ABC 2015 article 'Recording Crimes Scenes on video new tool for tackling Australia-wide crisis."

showed that Criminal Procedure (DV Complainants) Act 2014 had been extremely successful, leading to dramatic increases in convictions and more early guilty pleas.

21

Despite this (case of R v Abrahams, poor deterrent of Crimes 2007 act), the The Crimes (Domestic and Personal Violence) Act 2007 (NSW) in itself symbolises

a significant shift towards how the criminal justice system responds to DV, as historically it was seen as a private issue not subject to the law.

22

P3: In order to provide increased protection and prevent future DV, additional reform occurred in NSW Following "Crimes(Domestic Violecne and Personal Violence Amendment) 2013 (NSW)

ADVOs were distinguished from AVOs and made easier to apply for, enabling interim ADVOs to be issued on the spot for vicitms. "removing judicial oversight in issuing of provisional AVOs" (ABC 2014)

23

Crimes(Domestic Violecne and Personal Violence Amendment) 2013 (NSW) led to more equitable outcomes for some and meant Police had greater capacity to

provide protection for victims. Additionally, ADVOs are only on the balance of probabilities so they are more easily applied to cases than criminal charges.

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however, (Crimes(Domestic Violecne and Personal Violence Amendment) 2013 (NSW) ) death of

Leila Alavi in 2015 despite having an ADVO against her killer shows massive issue of compliance and lack of enforceability, with NSW DV CE Moo Baulch describing them as a "piece of paper"

25

Furthermore (ADVOs) whilst they are effective in some instances estimated that

only 20% of cases are reported breached (BOCSAR 2014) and over 22000 ADVOs handed out annually, et DV still an issue whilst DV rates still rise

26

Non legal response: Turnbull:

pledged $100 million to combat DV for practical intitiatives, Freedom House (NGO) states whilst a good start $300 million needed to fully combat issue.

27

Rosie Batty and Gov are leading what campaign

"Australia Says no to DV", Batty also advocates for increased intervention programs

28

What has VIc proposed to address DV?

A DV registry to provide people with insight into perpetrators and prevent future DV, however impacts on privacy rights offenders.

29

Safer programs pathway:

links victims to resources and help as well as Assessment tool for victims safety in 2014

30

Overall for DV:

---> Increased media attention has helped to promote issue ---> some reforms and campaigns but DV still rising and a woman a week dies from DV.
--->ATSI women 6x more likely to experience
--->need more reform and non legal programs as costs Oz $14.4 billion/yr.
--->Been cuts to funding for some services
--->Responses show a strong desire to address issue, remember historically a private matter and DV is v. complex as it can involve manipulative behaviour and ppl's emotions. Women fear leaving DV bec of poverty stigma, homelessness and lack of awareness.

31

What act enabled sharing of info btw Gov and NGOs to help victims?

Crimes (Domenstic and Personal Violene Act) Amendment (Information Sharing) Act 2014

32

What did the Bail Act 2013 (NSW) do for DV?

It removed the automatic presumption for bail from those who had breached ADVOs.

33

What did the case of Jean Majdalawi 1996 highlight?

That ADVOs don't protect victims from future attacks. She had lived in 9 different refuges 2 years prior to death fleeing from her husband. She had an ADVO against him in 1995 and was murdered by him in 1996

34

In spite of the case of Jean Majdalawi 1996 what report and statistics indicated that they are partially successful?

BOCSAR 2015 report: 70% ADVOs are never breached and are effective n protecting victim from future violence.

35

what are non-legal measures that have been used to help women?

the development of the Aurora app to help DV victims by NSW governemtn, providing them with access to services and enables them to discretely attain help when under duress.

36

What is a controversial, yet significant measure that aims to improve DV victim's safety and protect them from future violence?

A trial program where high risk offenders (w. serious charges/DV history) are fitted with GPS devices and victims alerted if they breach designated exclusion zones. This attempts to address the lack of enforceability of ADVOs and address the lack of reporting of breaches by women.

37

Effectivneess of media

highly effective in pressuring governmetns to increase funding, thus serving as an agency of law reform. Public outcry following media stories of DV have led to reforms,

38

Public outcry following media stories of DV have led to reforms, eg. from case of Jean majdalawi

led to reforms to improve security for women who take out AVOS against violent individuals.

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