Domestic Violence PDF

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DOMESTIC VIOLENCE “Intimidation” – It is defined in s 7 as: (a) Conduct amounting to harassment or molestation of the person, or (b) An approach made to the person by any means (including by telephone, telephone text messaging, emailing and other technological assisted means) that causes the person to fear for his or her safety or (c) Any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or of violence or damage to any person or property

“Stalking” – It is defined under s 8 as: The following of a person about or the watching or frequenting of the vicinity of, or an approach to, a person’s place of residence, business or work or any place that person frequents for the purposes of any social or leisure activity. Section 13 of the Crimes (Domestic and personal Violence) Act 2007 -

A person who stalks or intimidates another person with the intention of causing the other person to fear physical or mental harm is guilty of an offence. Maximum penalty 5 years imprisonment or 50 penalty units, or both

Sub-section 1 – offence is the strangulation Sub section 2- requires the intent to commit another indictable offence Penalty for common assault -> 2 years 2. Research demonstrated that strangulation in domestic violence situations is a recognised indicator of the risk of further harm to victims of domestic violence including homicide. (pp 637-8) - Douglas and Fitzgerald’s research indicated that strangulation is considered by domestic violence workers as the ‘red flag’ for future serious abuse and fatality as well as being extremely dangerous in and of itself. 

Crimes (Domestic and Personal Violence) Act 2007 -> Hybrid

STEP ONE – Civil Orders -> ADVO: s16 Court can make ADVO when satisfied on the balance of probabilities that a person who has or had a domestic relationship -> ‘domestic relationship’ defined in s 5 Court also need to find reasonable grounds to fear (objective) and in fact fears (subjective) (a) Domestic violence offence – defined in s 11; Personal violence offence – defined in s 4 (b) Intimidation -> s 7; Stalking -> s 8 Narrows and limits complexity through defining domestic violence offences -

Prohibitions and Restrictions: s 35 Mandatory Prohibitions/ restrictions: s 36 Mandatory Orders: s 39 -> An ADVO can be made without going through the process of applying section 16

STEP TWO – Offence of Contravening (subjective) AVO, s 14 -> must prove subjectively that the defendant knew that they were breaching the prohibition or restriction -> need to ensure the order has been served to the accused to prove they are aware or knows that they are contravening the prohibition or restriction. Domestic Violence Theme: COMPLEXITY 1

DOMESTIC VIOLENCE 1. 2. 3. 4.

Historically contingent nature of this area of law Complex and unique legal arrangements operate in this space Emphasis not just on the rules but procedures Need for going ‘beyond’ the law

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Historically: Hidden or Acceptable Violence Traditionally widely regarded as ‘acceptable violence’ Ambivalence of the Criminal justice system towards PRIVATE violence Attitudes of police particularly problematic

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Most recently: High Profiles Emphasis On DV

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Killing of 11 yr old Luke Batty – Feb 2014 (Vic) by his father after a cricket training session Rosie Batty has become a strong DV campaigner backed by significant media support

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Recent Campaigns -

2014 ‘Shine a Light’ 2014 ‘1 is 2 Many’ (White House Campaign)

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Domestic Violence in Australia

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2008 and 2010: 89 women were killed by their current or former partner – equates to almost 1 woman killed every week Definition: Domestic violence is considered to occur when one partner attempts by physical or psychological means to dominate and control the other. Most affected: Since age of 15 -> 17% of all women and 5.3% of all men have suffered physical or sexual violence by a current or former partner – equivalent to 1 in 6 women Financial costs – $14.7 billion (USD) – estimated cost to Australia – approx. 1.1% of Australia’s GDP

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DOMESTIC VIOLENCE

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Articles

DOMESTIC VIOLENCE

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AVOs – A unique form of Criminalisation: Hybridity

Hybridity: an application for AVO is essentially a civil law process but breach is a criminal offence Domestic and Personal Violence Orders (DPVO) -

Crimes (Domestic and Personal Violence) Act 2007 (previously in Crimes Act) Now have a dual system of Crime (D & PV) Act: Apprehended Domestic Violence Orders (ADVOs) Apprehended Personal Violence Orders (APVOs)

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DOMESTIC VIOLENCE

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‘Domestic relationship’ -> s 5 ‘Domestic violence offence’ -> s 11 ‘Personal violence’ -> s 4 ‘Intimidation’ -> s 7 ‘Stalking’ -> s 8 The court must consider re ADVO -> s 17(1) Prohibitions and Restrictions -> s 35 Prohibiting stalking, intimidation -> s 36 Cf: APVO -> s 19 Mandatory orders -> s 39

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