NCJ Number
101821
Date Published
1986
Length
123 pages
Annotation
This book examines domestic violence and the criminal justice system's response to it in the Australian Capital Territory and proposes legal reforms to rectify current inadequacies.
Abstract
A definition of domestic violence is proposed, and the extent, nature, and causes of domestic violence are examined. Also discussed are the hidden nature of the problem and the role of the law and welfare agencies in meeting victims' needs and preventing further incidents of violence. Deficiencies in the law (as of February 1986) are identified, and the tension between balancing the needs of victims with the rights of others, including the offender, is discussed. The central role of police in dealing with domestic violence is considered, and the police's failure to take domestic complainants seriously or to follow complaints up by arrest and prosecution is noted. The failure of the courts to provide adequate measures (such as enforceable restraining orders or injunctions) is discussed. Suggested reforms focus on (1) increasing police entry and arrest powers; (2) setting appropriate conditions for bail; (3) providing a variety of sentencing options; (4) developing more effective protection orders with appropriate criminal penalties for breach of orders; (5) providing support and counseling services for both victims and offenders; and (6) improving police training. Notes, draft domestic violence ordinance, table of legislation, index, and 64 references.