Introduction

Author(s):  
Heather Douglas

This introductory chapter explains the emphasis of this book, which is about how women who have experienced intimate partner violence (IPV) interact with the legal system over time. It explains the importance of the law to many women across the world who experience IPV. The chapter identifies the legal systems that women interact with, including civil protection orders, family law, criminal law, child protection systems, and immigration law. In talking about their experience with law, women focus on their relationships with different justice actors on their legal journey, including child protection workers, police, lawyers, and judges. This focus explains the structure of the book. This chapter also considers the importance of women’s stories in informing law reform.

Author(s):  
Heather Douglas

This chapter maps women’s engagement with different aspects of law over time in response to intimate partner violence (IPV). It considers the variety of legal systems women interact with at different points on their journeys, including immigration law, the child protection system, criminal law and police, civil protection order processes, and family law. The chapter identifies differences in engagements linked to women’s intersecting identities. In particular, it considers the different legal journeys experienced by migrant women, especially those who have insecure migration status, and Aboriginal and Torres Strait Islander women. The chapter explores how the law itself is sometimes used by an abusive partner as a form of nonphysical abuse to extend IPV after separation.


Author(s):  
Adam M. Messinger

This chapter invites readers into the hidden world of intimate partner violence (IPV) in the lives of lesbian, gay, bisexual, trans*, and queer (LGBTQ) people. It begins by debunking common myths of LGBTQ IPV, myths that have been shaped in part by homophobia, transphobia, and a historic emphasis on heterosexual-cisgender (HC) relationships in the global IPV-prevention movement. Unfortunately, even today, these myths contribute to systemic failings in how LGBTQ IPV is addressed throughout the world. Collectively, these myths and the lack of concrete support for LGBTQ victims have rendered LGBTQ IPV largely invisible. This chapter—and, indeed, the book—contends that many answers to this problem actually already exist in research, if only they could be extracted. With this in mind, the goal of this book is to comprehensively review the past forty years of LGBTQ IPV English-language research from throughout the world—the first book to do so. Just as significantly, the book mines this literature for evidence-based tips regarding future policy, practice, and research, tips that are shared at the close of each chapter. This introductory chapter concludes with a brief guide to the upcoming chapters and the terminology used throughout the book.


Author(s):  
Heather Douglas

This final chapter affirms the importance of listening to women’s experiences when considering how legal responses to intimate partner violence might be improved to make women safe. The chapter reviews key themes identified in the book, including abusers’ use of the legal system to continue abuse and the role of child protection workers, police, lawyers, and judges in facilitating that abuse. It highlights a common and continuing failure of those who work in the legal system to recognize the significance of nonphysical abuse, to persistently misunderstand the dynamics of separation and ultimately, to fail to prioritize safety. This chapter makes recommendations for law and policy reform toward making the legal system safer.


2010 ◽  
Vol 35 (3) ◽  
pp. 4-10 ◽  
Author(s):  
Paul Delfabbro ◽  
Craig Hirte ◽  
Ros Wilson ◽  
Nancy Rogers

In Australia, it is commonly reported that rates of child protection notifications have increased over time. More and more children in any given year are subject to a child protection notification. On the whole, these conclusions have been based on cross-sectional notification counts or rates recorded in a given year (e.g. AIHW 2009). Although useful, such analyses are limited in that they do not account for the fact that child protection incidents are unevenly distributed across individual cases. Crosssectional analyses also do not indicate the incidence of notifications within a given cohort of children.In this paper, we summarise the longitudinal and comparative analysis of data relating to children born in 1991, 1998 and 2002. The results highlight the increasingly early involvement of child protection systems in children's lives, higher annual incidence rates, as well as increasingly steep cumulative involvement curves for cohorts tracked from their year of birth. The implications of these findings for mandatory reporting policies are discussed.


Author(s):  
Delores M. Walters

This introductory chapter focuses on Margaret Garner's story. In 1856, Garner killed her two-year-old daughter and attempted to kill her other three children rather than see them returned to slavery. Her act of infanticide represents the most drastic and extreme form of woman-centered resistance to the brutality of slavery. As such, Garner's desperate solution to “save” her children continues to capture people's interest. Her story symbolizes the impossible choices that were forced upon African Americans burdened by the institution of slavery. It is also relevant to present-day women's resistance to intimate partner violence. Indeed, the theme of women and violence is a continuing reality in the United States and the world.


Author(s):  
Heather Douglas

This chapter focuses on the women’s interaction with child protection workers and he child protection system in the context of intimate partner violence (IPV). Many women who have experienced IPV have contact with child protection services (CPS); some contact CPS seeking help, and others are investigated by CPS as a result of IPV and complaints made about their mothering. Three key themes are explored in this chapter. Women felt they were held to account by CPS workers for their ex-partner’s IPV. A number of women reported that their partners made malicious allegations to CPS about them, leading to lengthy and stressful investigations that resulted in no concerns being found about their mothering. Some women’s experiences highlighted the complex experience of IPV, intergenerational trauma, and CPS involvement.


2021 ◽  
pp. 088626052110453
Author(s):  
Anne Groggel

Domestic violence protective orders are the most widely used intimate partner violence-related legal intervention in the United States, yet many victims later ask to have these orders dismissed. This article uses a mixed-methods approach to examine the conditions that help explain why victims of intimate partner violence dismiss their protection orders. Quantitative findings from 841 civil protection order cases show that victims who need protection the most are the most likely to seek dismissals. Victims who experienced recent or physical abuse were significantly more likely to dismiss their protection orders. Qualitative findings from 200 dismissal requests reveal that victims reference common themes of loving the abuser, that the abuser is a good parent, that the abuser is seeking treatment, or that they desire to save the relationship. Victims draw from broad romantic rationalizations when describing their decision to drop a protection order from the court. Building upon insights from constructs of romantic love, this study highlights how the rationalizations victims invoke in their dismissal requests are also associated with their experiences of abuse. A mixed methodological approach reveals a significant contrast between the language in victims’ petitions and their dismissal requests. Victims voiced fear and violence in their petitions for protection orders, then employed meanings of romantic love, reconciliation, and change when requesting that these temporary protection orders be dropped. This contrast reflects the cyclical nature of abuse and suggests that greater attention must be paid to ensuring court officials have a strong understanding of the complexities of victim attrition.


2010 ◽  
Vol 39 (2) ◽  
pp. 255-274 ◽  
Author(s):  
KAREN HEALY ◽  
SIV OLTEDAL

AbstractBy any standard, child protection work is a demanding field of social services work. Throughout much of the post-industrial world, child protection agencies face significant problems in recruiting and retaining front-line staff with the abilities required to undertake this often complex and stressful work. The capacity of these agencies to achieve their social policy objectives can be compromised by workforce instability. Despite a growing body of evidence about the contribution of local organisational and caseworker characteristics to workforce turnover, policy-makers face a dearth of information about how the broader institutional context of child protection systems contributes to challenges in workforce retention. This lack of evidence is notable given the varying rates of caseworker turnover observed internationally, particularly between social policy regimes where different institutional contexts shape workforce conditions. This article aims to contribute to the evidence base for improving workforce retention in child protection services through an institutional comparison of child protection systems in Queensland (Australia) and Norway. We analyse the role of the institutional conditions in shaping the nature and scope of child protection work, characteristics and responsibilities of caseworkers, and their financial remuneration for this work. We discuss how these institutional effects help to explain the differences in workforce turnover among child protection workers in Queensland and Norway.


2019 ◽  
Vol 4 (1) ◽  
pp. 31-41
Author(s):  
A.Hamid Sarong

Child rights has become global concern, indicated from several law instruments which legislated by several countries in the world. In international context, United Nations has created several laws, including protocols and resolutions to protect rights of children. Those laws have consisted of soft-law which sometimes having no hard sanctions. In Indonesian context, there are a number of law instruments protecting child rights such as Law of Child Protection. However, the Law have not fully covered the implementation of Islamic law in Aceh. A number of Qanun (bylaws) in Aceh have not specifically protected child rights. There are still a lot of norms in Islamic criminal law not defining child rights. In Islamic law, Al-Quran and Prophet Muhammad have paid serious attention on children rights. Islamic law has given greatest care to safeguarding all that is needed to guarantee a wholesome psychological climate for the rearing of children, an environment wherein they learn about the world formulate their norms and behaviour.


Sign in / Sign up

Export Citation Format

Share Document