Topic Eleven-Family Violence PDF

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family violence lecture by Marlene...

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Week Eleven – Lecture Eleven Topic Eleven – Family Violence Violence and Abuse Within the Family  Definition: - One partner uses violent and abusive behaviour towards the other (and perhaps also children) in order to control and dominate  Retired Nicholson CJ: - By one immediate or extended family member which causes harm to another member to an extent which creates apprehension or fear for that member’s personal wellbeing or safety  Conduct may be threatened Family Violence Protection Act 2008  Family Violence Protection Act 2008 (Vic)  S5 – Meaning of Family Violence: (1)For the purposes of this Act, family violence is(a) Behaviour by a person towards a family member (FM) of that person if that behaviour(i) Is physically or sexually abusive; or (ii) Is emotionally or psychologically abusive; or (iii) Is economically abusive; or (iv) Is threatening; or (v) Is coercive; or (vi) Controls or dominated the FM and causes that FM to feel fear for the safety or wellbeing of that FM or another person (subjective test) (b)Causes a child to hear or witness or otherwise be exposed to the effects of, behaviour referred to in paragraph a (2)FV includes the following behaviour (without limiting (1) above): (a) Assaulting or causing personal injury to a FM; (b)Sexually assaulting a FM or engaging in sexually coercive behaviour; (c) Intentionally damaging a FM property; (d)Unlawfully depriving a FM of the FM liberty; (e) Killing or injuring an animal, whether or not it belongs to the FM to control, dominate or coerce the FM - Or threatening to do so (3)To remove doubt, it is declared that behaviour may constitute family violence even if the behaviour would not constitute a criminal offence  S5 – Meaning of Family Violence - Examples of child exposure: - The following behaviour may constitute a child hearing, witnessing or otherwise being exposed to the effects of behaviour referred to in paragraph (a)  Overhearing threats of physical abuse by one FM towards another family member;

Seeing or hearing an assault of a FM by another FM; Comforting or providing assistance to a FM who has been physically abused by another FM;  Cleaning up a site after a FM has intentionally damaged another FM property;  Being present when police officers attend an incident involving physical abuse of a FM by another FM Preamble Four Principles: That non-violence is a fundamental social value that should be promoted; family violence is a fundamental violation of human rights and is unacceptable in any form; it is not acceptable in any community or culture; and that the justice system should treat the views of victims of family violence with respect Five features of family violence: The gendered nature of family violence; the impact on children; that it affects the entire community and occurs in all areas of society; that family violence extends beyond physical and sexual violence to emotional, psychological and economical abuse; and that family violence may involve overt or subtle exploitation of power imbalances and may consist of isolated incidents or patterns of abuse over a period of time S1 – Purpose - The purpose of this Act is to – (a) Maximise safety for children and adults who have experienced family violence; and (b) Prevent and reduce family violence to the greatest extent possible; and (c) Promote the accountability of perpetrators of family violence for their actions S2 – How purpose is to be achieved - This Act aims to achieve its purpose by – (a) Providing an effective and accessible system of family violence intervention orders and family violence safety notices; and (b) Creating offences for contraventions a=of family violence intervention orders and family violence safety notices State legislation that allows aggrieved family members to apply for Intervention Orders protecting them from perpetrators (FIVO) Protection from: assault, damage to property (also threats of assault or damage to property), harassment, molestation, offensive behaviour Scope: - Family violence intervention orders  When an intervention order is made it is a civil matter  Magistrate must be satisfied on the balance of probabilities  Made with intention to prohibit against a future behaviour based on evidence of past behaviour - Police family violence safety notices - Police holding powers - Counselling orders (for the Family Violence Division only)  

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Terminology - Family violence intervention order (FIVO) (includes both interim and final orders – s11) - Affected family member (AFM) or protected person (PP) after an order is made - Respondent (R) Family violence intervention orders – conditions - The conditions of Family Violence Intervention Orders vary and can restrict the respondent from doing such acts that include but are not limited to:  Committing family violence against the protected person;  Intentionally damaging the protected person’s property or threatening to do so;  Attempting to locate or follow the protected person or keeping them under surveillance;  Publishing on the internet or by email or other electronic communication any material about the protected person;  Contacting or communicating with the protected person by any means;  Approaching or remaining within a certain distance of where the protected person lives, works or attends school or childcare;  Getting another person to do anything the respondent must not do under the order

Violence and Abuse Within the Family  By whom is violence committed? - Statistics indicate that in the vast majority of cases the infliction of violence on a family comes from a male  Retired Nicholson CJ: - …Abuse against women and children continues to dominate the lives of far too many Australian families. The consistent research findings in this area tell us that many adults who are exposed to violence in their families of origin will transmit violent behaviour patterns to their children…  S8 A ‘family member’ under the Family Violence Protection Act 2008 (Vic) means: - A person who is or has been, the relevant person’s spouse or domestic partner; or - A person who has, or has had, an intimate personal relationship with the relevant person; or - A person who is, or has been, a relative of the relevant person; or - A child who normally or regularly resides with the relevant person or has previously resided with the relevant person on a normal or regular basis; or - A child of a person who has, or has had, an intimate personal relationship with the relevant person  Reasons (None satisfactory) - Lack of control - Anger

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- Poor communication skills - Inability to express emotions - Low self-esteem - Alcohol - Drugs - Economic deprivation - Learned aggressive behaviours Characteristics of victims - Higher levels of stress - Increased incidences of psychiatric illness - Increased risk of suicide - Higher drug use - Alcohol abuse - Sleep disturbance - Increased risk of miscarriage - Reduced coping and problem-solving skills - Frequent illness - Social isolation - Headaches, vague aches and pains

Family Law Act and Family Violence  Note that a primary consideration in s60CC states: the need to protect the child from physical or psychological harm from being subjected to, or over exposed to, abuse, neglect or family violence  Courts must take this into account when considering making a parenting order  Also s60CC(j) & (k)  ‘Best interests of the child’: - S60CF – must bring to the courts attention any FV orders - S60CG – in considering an order must, as far as possible, ensure consistent with any FV order and does not expose a person to unacceptable risk of FV - S60CH – creates an obligation to inform the court of care arrangements under child welfare laws - S60CI – creates an obligation to inform the court of notifications to, and investigation by, prescribed state or territory agencies Interaction between IVO and FLA Order  S68Q FLA – provides that a court with family law jurisdiction may make a declaration that a family law order or injunction is inconsistent with a FV intervention order. To the extent of the inconsistency, the family violence intervention order is invalid.  S176 FVPA – FVIO operates subject to any declaration made under s68Q of the FLA  S68R FLA – a state court may revive, vary, discharge or suspend a family law order on its initiative or by application but only if it has new material and is also making an intervention order or interim order – temporary measure only...