scholarly journals Navigating the Family Law Provisions: Migrant Women’s Voices

2021 ◽  
Vol 10 (4) ◽  
pp. 131-145
Author(s):  
Ana Borges Jelinic

This article considers the voices of migrant women engaging with Home Affairs to guarantee permanent residency (PR) in Australia after experiencing domestic violence. Data collected from longitudinal interviews with 20 participants were considered, with two participants’ stories analysed in detail. The research indicates how the legal immigration system is set up in a way that does not listen to women and disadvantages them. Particular issues pointed out include extended timelines, lack of concern for cultural differences and inconsistencies in the process, and how they affect women undermining the goal of the law, which is to protect migrants from sponsors’ violence.

Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. This book offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.


2018 ◽  
pp. 428-432
Author(s):  
Jane Sendall

Family lawyers may be consulted by those who are being harassed or stalked by someone who is not an associated person. This chapter discusses the law on harassment and the remedies available to clients not protected by the Family Law Act 1996. It details the Protection from Harassment Act 1997, which was enacted to assist those suffering harassment through stalking, antisocial behaviour, or racial harassment.


Family Law ◽  
2019 ◽  
pp. 199-289
Author(s):  
Joanna Miles ◽  
Rob George ◽  
Sonia Harris-Short

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic abuse and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part 4; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010 and latest proposals to enhance such powers; and legal responses to forced marriage.


Author(s):  
Sonia Harris-Short ◽  
Joanna Miles ◽  
Rob George

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic violence and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part IV; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010; and integrating criminal, civil, and family proceedings.


2015 ◽  
Vol 40 (04) ◽  
pp. 908-936 ◽  
Author(s):  
Gretchen Arnold ◽  
Megan Slusser

There is little documentation about how nuisance property laws, which fine people for excessive 911 calls, affect victims of domestic violence. In St. Louis, we found that police and prosecutors believe that the law benefits victims of domestic violence by providing them with additional services. By contrast, advocates for domestic violence victims believe that the law undermines battered women's access to housing and discourages them from calling 911. Using qualitative data, we analyze how the organizational structures and dynamics within which each group works give rise to different stocks of working knowledge. We conclude that law enforcement officials are unaware of these harms because women's voices and experiences are marginalized during the enforcement process. This research reveals mechanisms through which law enforcement policies reinforce gender inequality, and illustrates some ways in which gender relations and power come into play in what, on their surface, appear to be gender‐neutral laws.


2010 ◽  
Vol 17 (3) ◽  
pp. 451-478 ◽  
Author(s):  
A. Suneetha ◽  
Vasudha Nagaraj

The discourse on domestic violence in India is animated by the language of rights and empowerment in which domestic violence is seen as the condition that needs to be overcome. It imagines the women facing violence as would-be citizen-subjects, who can actualise their right against violence once the law and institutions are set in order. Inadequate institutionalisation of right against violence and inadequate individuation of women are understood to be the major problems here. In this article, we problematise these two assumptions by taking a close look at women’s interface with public institutions in the context of domestic violence. One, we point to the resources women need to mobilise in the family and community to actualise their right against this violence; two we argue that institutionalisation of this right has led to women being subject to governmental mode of power and three, we discuss the actual deployment of this right in everyday activism as a political goal, than a guarantee against violence. We suggest that a critical consideration of the working of this ‘right’ is required to understand the changing contours of women’s battles with this violence in the post-1990 period.


TEME ◽  
2021 ◽  
pp. 1515
Author(s):  
Danijela V Spasic

In the early 2000s, estimates indicated the presence of over a million pieces of firearms and a large amount of ammunition in the possession of Serbian citizens. At the same time, the demographics of domestic violence pointed to the consequences of the misuse of firearms in the context of family and partner violence. A large number of women’s killings (annually between 30 and 40) also raised the issue of possession of (non) legal weapons, as well as the adequate response of institutions in preventing fatal outbreaks. On the basis of the fact that Serbia passed the Law on Weapons and Ammunition in 2015, in 2013 it ratified the Istanbul Convention and adopted the Law on the Prevention of Domestic Violence in 2016, and the statistics on the death by murder of women in the context of domestic violence, the analytical approach in the paper focuses on seeking the answer to the question: whether the existing legislative framework provides for the protection of victims of violence against the misuse of firearms? The findings of study indicate the need to enhance the coherence of the legislative response to the risks posed by the presence of firearms in the family context, as well as establishing stronger links between the legislative framework for the control of firearms and the laws governing the response to domestic violence and partner violence.


SASI ◽  
2019 ◽  
Vol 24 (2) ◽  
pp. 168
Author(s):  
Elias Zadrach Leasa

Families are places where everyone in the family feels safe and comfortable from acts o violence, but in reality violence also accurs whitin the family. The enactment of Law No. 23 of 2004 on the abolition of domestic violence (hereinafter referred to as the Law of Domestic Violence) aims to prevent all forms of domestic violence, protect domestic violence victims, prosecute domestic violence perpetrators, and maintain wholeness harmonious and prosperous households. In handling it is sometimes resolved peacefully. This raises the question of whether the Law on Elimination of Domestic Violence has guaranteed the settlement of Domestic Violence according to its objectives? All forms of violence against women and children constitute a violation of human rights, so it is necessary to be protected by their dignity and dignity and guaranteed their right to life in accordance with their nature and nature without discrimination. The Criminal Act contained in Article 5 of the Act states that prohibited violence is physical violence, psychological violence, sexual violence, or neglect of the household. Many cases of domestic violence are reported but not a few are repealed by the victim for various reasons, such as still loving the perpetrator, and the perpetrator is the breadwinner in the household. The resolution of cases of domestic violence is also up to the court's decision, but this certainly brings the consequences of the objective of the Law on Elimination of Domestic Violence. Despite all forms of prevention of domestic violence, protecting the victim, prosecuting the perpetrator is reached but if the case is passed on to the court decision whether the goal of maintaining a harmonious and prosperous household unity can be achieved. The resolution of domestic violence requires the wisdom of the Law Enforcers (Police, Prosecutors, Judges).


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