LLB 130 Lecture Notes - Lecture 6: Three Steps, Crimes Act 1900, Alternative Dispute Resolution
Week 6 – Domestic Violence
Defining domestic violence – domestic violence is considered to occur when one partner
attempts by physical or psychological means to dominate and control the other
Thee is o sigle atioall ageed defiitio of doesti iolee
Historically:
• Traditionally, idel egaded as aeptale iolee
• Ambivalence of the criminal justice system towards private violence
• Attitudes of police particularly problematic
Historical Conceptions of Private Violence
Despite the seious limitations of the divorce law reforms, the notion gradually prevailed
during the twentieth century that the sphere of family law was the proper place to resolve
doesti iolee, o oe ofte efeed to as aital oflit. Ol he the attak
amounted to attempted murder or malicious wounding was the intervention of criminal law
efoeet deeed appopiate. – Judith Allen 1982: CB 640
The rise of the ADVO system (CB 640)
Crimes (Domestic Violence) Amendment Act 1982 introduced to make police and courts
more effective in dealing with domestic violence and to deal with it as an assault. The
legislation:
• Established a procedure where a person who reasonably feared violence from their
lawful or de facto spouse, regardless of whether cohabitation had ceased, could
obtain an apprehended domestic violence order (ADVO) imposing restrictions on
that spouses conduct for up to six months (Crimes Act s 547AA). The grounds
includes molestation and harassment
• Defined a domestic violence order (s 4) to include all assault and sexual assault
offences committed by one spouse on the other spouse
• Clarified police power to enter private premises where a domestic violence offence
is suspected to have occurred, or is occurring (s 357G)
• Crimes (Apprehended Violence) Amendment Act 1989 epaded the sope of AVOs
to include orders to all persons who feared either personal violence or conduct
amounting to harassment or molestation, whether they were in a domestic
relationship or not (apprehended personal violence orders (APVOs))
High profile emphasis on domestic violence and recent campaigns
• Killing of 11 yr old Luke Batty Feb 2014 (Vic) by his father after a cricket training
session – Rosie Batty became a strong DV campaigner backed by significant media
support. She was named Australian of the Year in 2015
• Mude of Jill Meaghe Adia Bale, led To Meaghe to ite The
Dage of the Moste Mth White ‘io Foudatio, Ap :
http://www.whiteribbon.org.au/update/the- danger-of-the-monster-myth
find more resources at oneclass.com
find more resources at oneclass.com
(2) “hie a Light White ‘io & “MH:
https://www.youtube.com/watch?v=XXox6ma1gtE
Two years o fro Shie a Light capaig:
• But hile the conversation has changed, the statistics have not.
At least 30 NSW women have been killed by their current or former partners since
• the Herald began its Shine A Light campaign in March 2014
• A 23-year-old British woman was stabbed multiple times as she fought off her 27-
year-old flatmate after he attempted to sexually assault her in their shared
accommodation in Redfern
• Two weeks earlier, a 25-year-old man allegedly assaulted his girlfriend and used her
torn clothing to strangle her until she lost consciousness, at which point he
continued to physically and indecently assault her
• Three days before, a 20-year-old man struck his 18-year-old girlfriend across the face
ith a ee ottle as the ee alkig alog a footpath o the Cetal Coast.
National Statistics:
• Between 2008 and 2010 89 women were killed by their current or former partner –
almost one woman every week
• Since the 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
Equates to 1 in 6 women
• $14.7 billion – the estimated ost of doesti iolee to Austalias eoo
.% of Austalias GDP
NSW Statistics
• 2016: 31,535 recorded incidents of non DV related assaults
• 2016: 29,094 DV related assaults
• 2016: 15,482 AVO breach charges finalized (9076 charged proven)
In 2015:
• 27,699 domestic AVOs granted
• 5,461 personal AVOs granted
• In 2016: 15,482 charges for breach of orders
find more resources at oneclass.com
find more resources at oneclass.com
