scholarly journals TOUGH CHOICES: Difficulties facing magistrates in applying Protection Orders

2016 ◽  
Author(s):  
Lillian Artz
Keyword(s):  
Domestic Violence ◽  
Controversial Issues ◽  
Protection Orders ◽  
Lower Courts ◽  
The Common

The second in a series of articles on the Domestic Violence Act considers some of the most difficult issues that magistrates must decide on. These include the temporary removal of the ‘abuser’ from the common home, emergency monetary relief for ‘victims’, and orders specifying the terms of contact with children. Magistrates’ opinions on these controversial issues vary greatly, with the result that victims get uneven assistance from the courts. Magistrates, however, argue that the variation of opinion reflects their independence and discretion, as well as the various capacities of the lower courts to implement the Act.

scholarly journals Tough Choices: Difficulties facing magistrates in applying Protection Orders

2016 ◽  
Author(s):  
Lillian Artz
Keyword(s):  
Domestic Violence ◽  
Controversial Issues ◽  
Protection Orders ◽  
Lower Courts ◽  
The Common

The second in a series of articles on the Domestic Violence Act considers some of the most difficult issues that magistrates must decide on. These include the temporary removal of the ‘abuser’ from the common home, emergency monetary relief for ‘victims’, and orders specifying the terms of contact with children. Magistrates’ opinions on these controversial issues vary greatly, with the result that victims get uneven assistance from the courts. Magistrates, however, argue that the variation of opinion reflects their independence and discretion, as well as the various capacities of the lower courts to implement the Act.

Who are the Respondents of Domestic Violence Protection Orders?

2000 ◽  
Vol 33 (1) ◽  
pp. 77-90 ◽  
Author(s):  
Anna Stewart
Keyword(s):  
Domestic Violence ◽  
Criminal History ◽  
Demographic Characteristics ◽  
Protection Orders ◽  
Violent Criminal ◽  
Couple Violence ◽  
Criminal Histories ◽  
Married Men ◽  
Economic Background ◽  
Protection Order

This study examined a sample of both male and female respondents of applications for domestic violence protection orders in Queensland, Australia. The socio-demographic characteristics and criminal histories of respondents of only one domestic violence protection order (DVPO) application were compared with respondents of multiple DVPO applications. No differences were found between the groups in socio-economic background or ethnicity. The respondent's gender, marital status, and criminal history discriminated among respondents. Females were respondents on only one DVPO application. Respondents on cross applications were more likely to be married. Men who were respondents on multiple DVPO applications were more likely to have non-spousal violent criminal histories than men involved in only one protection order application. However, Indigenous people and people from disadvantaged areas were over-represented in the sample. These results of this study provide support for Johnson's (1995) concept of two distinct forms of couple violence. The implications of these findings for understanding the nature of domestic violence and managing violent offenders are discussed.

scholarly journals The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence in the Polish Social Safeguard System

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Magdalena Tabernacka
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Council Of Europe ◽  
Protective Function ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Heated Debate ◽  
Protection Of Human Rights ◽  
The Common

The ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence in Poland was preceded by a heated debate. From the very beginning it was be object of political battles between the conservative and liberal circles. Culturally and socially conditioned position of women has influenced its operation and the scope of its implementation. The Convention is a universally binding tool which guarantees the protection of human rights in events of violence against the woman and children. The case of this Convention in Poland proofs the existence of a universal European understanding of human rights protection standards. The Convention thus has a protective function not only for individuals but also, in a broader context, for the common European cultural identity.

Legal aspects of fitness for work

2013 ◽  
pp. 21-41
Author(s):  
Gillian S. Howard
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Legal Aspects ◽  
Employment Law ◽  
England And Wales ◽  
Law System ◽  
Lower Courts ◽  
The Common ◽  
The Uk ◽  
The Right

The English legal system is based on the common law. The common law system in England and Wales developed from the decisions of judges whose rulings over the centuries have created precedents for other courts to follow and these decisions were based on the ‘custom and practice of the Realm’. The system of binding precedent means that any decision of the Supreme Court—the new name for the former House of Lords (the highest court in the UK)—will bind all the lower courts, unless the lower courts are able to distinguish the facts of the current case and argue that the previous binding decision cannot apply, because of differences in the facts of the two cases. However, since the UK joined the European Union (EU), the decisions of the European Court of Justice (ECJ) now supersede any decisions of the domestic courts and require the English national courts to follow its decisions. (Scotland has a system based on Dutch Roman law, and some procedural differences although no fundamental differences in relation to employment law.) The Human Rights Act 1998 became law in England and Wales in 2000 (and in Scotland in 1998) in order to incorporate the provisions of the European Convention on Human Rights into UK law. The two most important Articles applicable to employment law are Article 8(1), the right to respect for privacy, family life, and correspondence, and Article 6, the right to a fair trial.

Parental drug and alcohol use as a contributing factor in applications to the Children's Court for protection orders

2009 ◽  
Vol 34 (2) ◽  
pp. 11-16 ◽  
Author(s):  
Lindsay Leek ◽  
Diane Seneque ◽  
Kaija Ward
Keyword(s):  
Domestic Violence ◽  
Alcohol Use ◽  
Service Providers ◽  
Negative Impact ◽  
Complex Nature ◽  
Protection Orders ◽  
Drug And Alcohol Use ◽  
Children's Court ◽  
Children’S Court ◽  
Drug And Alcohol

Drug use has a significant negative impact on the ability of parents to provide safe care for children and an outcome of this is the entry of some of these children into out-of-home care. This poses particular challenges for service providers, not only because of the complex nature of addiction, but also the many other issues facing these families. This paper reports on studies conducted by the Western Australian Department for Community Development in 2004 and 2007 which explored parental drug and alcohol use as a contributing factor in applications to the Children's Court for protection orders. The results of the 2004 study showed that parental drug and alcohol use was the second most common contributing factor in protection applications after neglect. It was also confirmed that drug and alcohol use rarely occurs in isolation, with strong links identified to neglect and domestic violence, as well as other factors, including physical abuse and homelessness/transient lifestyle. The 2007 follow-up study further highlighted the co-existence of parental drug and alcohol use and domestic violence.

An Opportunity Missed for Male Rape Survivors in South Africa: Masiya v Director of Public Prosecutions and Another

2008 ◽  
Vol 52 (2) ◽  
pp. 284-301 ◽  
Author(s):  
Ntombizozuko Dyani
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Court ◽  
Vulnerable Group ◽  
Rape Survivors ◽  
Form Part ◽  
Lower Courts ◽  
The Common ◽  
Definition Of ◽  
Anal Penetration

AbstractThe Constitutional Court of South Africa recently handed down a judgment on the extension of the common law definition of rape to include anal penetration of women, but not of men. The court argued that women form part of the most vulnerable group in society. This article analyses the court's judgment and argues that the court should have included anal penetration of men in the light of South African lower courts' decisions, international law and the fact that there is currently a law before parliament which pertains to the anal penetration of men. The article also argues that the court should have taken into consideration that this case involved a child, who is also from the most vulnerable group in society.

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