Law Reform - Family/Domestic Violence

Topics: Domestic violence, Law, Violence Pages: 7 (2328 words) Published: January 27, 2013
Law Reform- Family/Domestic Violence
Family/Domestic violence encompasses all forms of violence between intimate partners, either they are married or not married, in de facto relationships, boyfriends, girlfriends gay or straight; violence between other members of a family, household or community - The Domestic and Family Violence Act was amended in 2007 to include all matters that relate to Domestic Violence Orders - This amendment means that adults are required by law to report domestic and family violence to police if they think someone has or is likely to suffer serious physical harm from domestic violence. - This law was introduced because safety and protection are important, (sections 124 and 125 of the Act makes reporting a serious physical harm to everyone’s business; and it aims to ensure that people who commit domestic/family violence are held accountable for their actions and their decision to use any sort of violence). •Family/Domestic violence- physical abuse, sexual assaults, threats, intimidation, emotional abuse, social isolation, property damage, financial deprivation, spiritual abuse, child abuse and neglect. •There have been many methods that have been used to prevent/stop family/domestic violence. These methods include: reports; radio ads/radio; transcripts; flyers and posters. •According to the ALRC report 114 - (family violence - A National Legal Response), it defines domestic/family violence as: -It is linked to criminal offences.

-It captures non-physical violence.
-It turns on the impact on the victim or the intent of the person committing family/domestic violence . -It captures abuse experience by certain groups in the community - such as those from a culturally and linguistically diverse background, the aged, people with a disability and people in a same-sex relationship. •The NSW family violence legislation does not define family violence. Instead it defines family violence as ‘domestic violence offence’ by referring specifically to 55 ‘personal violence’ offences in the Crimes Act 1900 (NSW), where people in defined domestic relationships against other people commit these offences. These offences include: murder; manslaughter; wounding or causing grievous bodily harm with intent; assault; sexual assault; kidnapping; child abduction and destroying or damaging their property. •The NSW family violence legislation also provides that stalking, intimidation with intent to cause fear of physical or mental harm and attempts to commit any specified offence can amount to ‘domestic violence’. •Children are exposed to domestic violence by witnessing violence and abuse; intervening to protect their mother; being present in a household filled with violence and terrorising behaviours as well as being directly abused themselves. -According to the Women’s Safety Australia (1996) survey found that: ➢38.3% of women experiencing violence from a current partner said that children had witnessed the violence. ➢45.8% of women who experienced violence by a previous partner said that children in their care had witnessed the violence. -The police data collected from the Victorian Family Violence Database suggested that the rate of children’s exposure to domestic violence is higher than what they had expected. Research indicates that children/young people have a higher level of awareness of the violence than their mothers report. -In the ‘Young Australians and Domestic Violence’ (2001), it is said that they found up to one-quarter of young people (aged 12-20 years old) in Australia, that have witnessed an incident of physical domestic violence against their mother or stepmother. It is also said that they also witnessed male to female parental violence ranged from 14% for those living with both their biological parents to 41% for those living with their mother and her partner. Type of violence child/young person exposed toNumber of incidents% Physical122068

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