Family: 2. Responses to problems in family relationships: DV Flashcards
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.
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
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
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.
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.
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.
The FL Amenmdnet (SPR) A 2006 (Cth)
defined DV to include actual or threated acts so as to recgonise more victims.
Commonwealth report which led to ‘FL Amendment (Family Violence and Other Matters) Act 2011’ (Cth)
‘Family Violence and Family law in Australia’ 2010
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.
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.
Adiva Sifris 2012
“Family Law and the Impact of Recent Amendments “
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”
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.
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.
what recognises all forms of DV as criminal acts in NSW
The Crimes (Domestic and Personal Violence) Act 2007 (NSW)
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.
DV has steadily risen by 2.2% over past 5 yrs according to what
2015 BOCSAR 1/4ly report
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.
Criminal Procedure (DV Complainants) Act 2014 success revealed in
ABC 2015 article ‘Recording Crimes Scenes on video new tool for tackling Australia-wide crisis.”
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.
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.
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)
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.
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”