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INQUIRY INTO SERVICES FOR THOSE AFFECTED BY FAMILY VIOLENCE: THE LEGAL SYSTEM AND FAMILY VIOLENCE

NCJ Number
143713
Author(s)
T Laidler
Date Published
1991
Length
31 pages
Annotation
The responsiveness of Australia's legal system to violence in the home or against family members is assessed, and proposals for change in the legal system to curb family violence are outlined.
Abstract
The Victorian Community Council Against Violence looked at legal services and family violence and found that violent behavior in the home or against family members is subject to the same criminal law sanctions as other forms of violence. Family violence intervention orders represent a supplement to the criminal in deterring family violence and affording a measure of security to those threatened by it. Nonetheless, women face certain difficulties in working with the legal system to get protection from domestic violence: court personnel do not always believe women; women applying for intervention orders often encounter lengthy delays; and police agencies frequently fail to intervene on behalf of women. Recommended strategies to improve the plight of family violence victims focus on accountability, amendments to Australia's Crimes (Family Violence) Act, complaint mechanisms for family violence victims, information collection, educational and professional programs for judges and court staff, police training, and temporary intervention orders. Recommended changes to the criminal law specifically deal with such issues as entry, threatening behavior, bail, entry and search, arrest, removal of the offender, and legal aid.