Domestic Violence Assignment Sample

Pages: 10 Words: 2534

Context of the chosen policy

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In this case, the Family Law Act has been chosen which was amended in 2012 with respect to domestic violence. The issue at hand pertains to the common incidence of domestic violence within families embroiled in legal conflicts, particularly those pertaining to matters of parental arrangements (Attorney-General's Department, 2021). A considerable number of families appearing before family courts are confronted with accusations of domestic violence, encompassing both physical and emotional abuse, presenting substantial hazards to the welfare and security of children. The previous approach aims to effectively tackle the issue at hand by placing a primary focus on ensuring the safety of children and individuals affected by domestic violence. The objective is to establish a family law framework that adeptly addresses the intricate matter of domestic violence, guaranteeing sufficient protection and support for children and victims, while also acknowledging the rights of parents in secure circumstances.

Key challenges facing this policy problem

Accurately identifying cases of domestic violence can be an extremely difficult task. Victims of abuse can show difficulty in disclosing their experiences as a result of apprehension, coercion, or apprehensions over potential reprisals (United Nations, 2022). An individual who has experienced emotional abuse may encounter difficulties in presenting concrete evidence of the abuse, hence presenting challenges in addressing such cases within a legal framework. The delicate problem lies in striking a balance between prioritising the safety and well-being of victims and children, while also upholding the child's right to maintain a meaningful relationship with both parents. The process of ascertaining the safety of a kid can be intricate, especially when evaluating the possible hazards associated with ongoing interaction with a parent who engages in abusive behaviour. The clause of section 60CC(2A) was deemed significant in comprehending the best interests of children; nonetheless, its practical impact was constrained, and discernible discrepancies in its interpretation were apparent in published court decisions (Manupatra, 2021).

Family law matters that involve instances of domestic abuse can provide legal complexities, as they can entail differing levels of evidentiary support and contradictory statements (Manupatra, 2021). Effectively handling situations of domestic abuse within the family law system necessitates the provision of resources encompassing legal representation, counselling, support services, and court infrastructure. The provision of necessary services and prompt adjudication of cases can be impeded by limitations in available resources. The coordination of efforts across family law courts, child protection agencies, law enforcement, and support organisations is a complex challenge (Ojp.gov, 2021). The establishment of effective teamwork is of utmost importance in order to guarantee the provision of complete care and protection to victims and children.

Policy design

The legislative amendments in 2012 expanded the definitions of family violence (s 4AB) and child abuse (s 4(1)) as outlined in the Family Law Act. The concept of family violence has been redefined to embrace other forms of abuse that extend beyond physical injury. Additionally, in order to be categorised as family violence, such behaviour must also induce feelings of fear, compulsion, or control. The presentation included examples of such behaviour, which involved the exploitation of economic resources and the deliberate isolation of persons from their social connections. The revised definition of family violence (s 4AB) was widely endorsed by specialists in the family law system, who recognized its significance as an educational instrument. Nevertheless, there was a divergence in the understanding and implementation of the concept, as seen by the varying interpretations found in published court rulings.

Stakeholders

Legislation related to the protection from the harmful policies related in the part of family law cases mainly emphasis on children. Child abuse and family violence in Exploratory Memorandum of the act mainly provide an supporting opportunity in family law system. Family law systems that are mainly dealt with the prospectus related to the family violence and indicate suitable improvement opportunities (Gov.au, 2012). Different types of key measures included in family violence law of Australia that's amended on June 7, 2012. The Department of Justice and Regulation and the Department of Education and Training are considered as the major stakeholders for this family violence law. Koori Caucus Working Group also takes a leading role for identifying family violence related aspects (Vic.gov.au, 2022).

All the key measures include-

Designating the safety of every child in specifying parenting matters and determining the greater weight and interests of the children provide protection from different expected harm compared with the child's rights act.
Widen all the defination about abuse and family violence including different types of emotional and physical abuse and other behaviours.
Ensurement about the suitable access of family violence related evidence for setting up all types of obligations (Gov.au, 2012).
Maintain a post-separation arrangement process for improving children safety.

Above mentioned all the key measures related to family violence and child abuse related aspects all the stakeholder tried in prevention process by messaging, campaigning.

Improvement in justice system response for children and women by the Nations Community perpetrators all the prospectus of FDV. Emergency departments of Australia such as the healthcare department play a crucial role in reducing family and domestic violence from the remote urban areas of the country and also depicted a notable dying rate from assault. The Commonwealth Government of Australia defines every type of service gap in different rural areas along with describing all the system abuse that mainly encourages FDV with criminal justice, health and housing (Moore et al. 2023). In the part of Australia domestic violence increases by losing jobs, lack of child care and lack of healthcare. 97% of domestic violence in in the country increases by abuse of victims in an abusive situation. The Australian Institute of Health and Welfare plays a crucial role for reducing domestic abuse with the Australian government. This organisation basically works on the reduction of emotional abuse and provides a result that 6% of men and 17% of women under emotional abuse in the current situation (Borgenproject.org, 2022).

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Does core data/evidence need? What are they?

Effectively addressing domestic abuse within the family law system requires an approach that is both nuanced and grounded on empirical evidence. The availability of a wide range of evidence and data sources is crucial in informing policy decisions and assessing their effectiveness. Accurate and current statistics regarding incidence and prevalence are essential for comprehending the extent and scale of the issue, finding patterns, and evaluating the efficacy of interventions (Borgenproject.org, 2022).

In addition, it is of the utmost importance to have an in-depth comprehension of the consequences of the case. This understanding should include topics such as the determination of custody arrangements, the distribution of visiting rights, and the issuance of protection orders (Lloyd, 2018). The availability of risk assessment data is also very important because it makes it easier to determine the level of danger posed by those who abuse others and makes it simpler to devise preventative measures for the abuse victims and their children. Both of these things are very important. It is of the utmost importance to have an understanding of the patterns of service consumption, as this provides insights into the accessibility of support services such as legal aid, counseling, shelter, and advocacy. As a consequence of this, it is useful in determining where gaps exist in the delivery of these services.

Furthermore, the inclusion of data pertaining to the practices observed in family courts, such as the utilization of alternative dispute resolution techniques, the decision-making procedures employed by judges, and the level of adherence to protective orders, is of utmost importance in order to establish a comprehensive framework for evaluating policies (Dcj, 2022). In order to ensure that professionals operating within the family law system has the necessary skills and knowledge to effectively identify and address instances of domestic abuse, it is imperative that comprehensive data regarding their training and educational backgrounds is readily accessible.

In order to evaluate the enduring effects of policies, it is imperative to utilize longitudinal data that monitors the evolution and patterns of domestic violence incidents and corresponding interventions across a specified period (United Nations, 2022b). The inclusion of comparative data in the review process provides an additional layer of depth by allowing for the comparison of regions or jurisdictions that have implemented different policy approaches (Dcj, 2022). This benchmarking enables a more comprehensive assessment. In essence, the complex array of data in this context serves as the foundation for the development of evidence-based policies that prioritize victim safety, child well-being, and the prevention of domestic violence within the family court system (Dcj, 2022). It is essential, in order to protect the interests and safety of all stakeholders, to ensure the seamless integration of data collection procedures with a consistent dedication to protecting privacy and maintaining confidentiality. This is a requirement for achieving the desired result.

Implementation challenges

Domestic abuse must be addressed in the family law system using a nuanced strategy that is supported by empirical data (Mitcheltree and Sunikka-Blank, 2022). For the purpose of influencing policy decisions and evaluating their efficacy, it is essential to have access to a variety of information and data sources. Understanding the scope and magnitude of the problem, identifying trends, and assessing the effectiveness of interventions all require accurate and up-to-date information on incidence and prevalence. In addition to the quantitative data on the reported occurrences, the comprehensive dataset should cover the various abuse manifestations as well as the demographic characteristics of both the victims and the abusers.

The decision of custody arrangements, the distribution of visitation rights, and the issuance of protection orders are only a few examples of the many outcomes of cases that must be fully understood. Equally important is the accessibility of risk assessment information, which makes it easier to assess the danger posed by abusers and to develop safety measures for both victims and their children. Understanding service consumption patterns is crucial because it sheds light on the accessibility of support services including legal counsel, counseling, housing, and advocacy. As a result, it aids in detecting shortcomings in the delivery of these services.

In order to establish a thorough framework for evaluating policies, it is crucial to include data about the practices seen in family courts, such as the use of alternative dispute resolution methods, the methods judges use to make decisions, and the degree of adherence to protective orders. It is crucial that thorough information about their training and educational backgrounds is easily accessible in order to guarantee that professionals working within the family law system have the requisite skills and expertise to efficiently recognize and address incidents of domestic abuse (Australian Institute of Health and Welfare, 2022).

The evaluation of the scope and efficacy of public awareness campaigns should incorporate pertinent data, since communities that are well-informed and conscious can significantly contribute to the identification and reporting of instances of abuse, as well as the pursuit of assistance (Dcj, 2022). In order to evaluate the enduring effects of policies, it is imperative to utilize longitudinal data that monitors the evolution and patterns of domestic violence incidents and corresponding interventions across a specified period. The inclusion of comparative data in the review process provides an additional layer of depth by allowing for the comparison of regions or jurisdictions that have implemented different policy approaches. This benchmarking enables a more comprehensive assessment. In essence, the complex array of data in this context serves as the foundation for the development of evidence-based policies that prioritize victim safety, child well-being, and the prevention of domestic violence within the family court system (Dcj, 2022). Ensuring a harmonious integration of data collection practices with a steadfast dedication to safeguarding privacy and maintaining confidentiality is vital in order to safeguard the interests and security of all stakeholders (Australia, 2020).

Evaluation challenges

The successful assessment of a policy designed to tackle domestic violence within the family law system necessitates the implementation of a proactive approach to overcome inherent obstacles. In order to uphold the confidentiality and security of individuals affected by a given situation, it is imperative to implement rigorous procedures and engage in close cooperation with specialists in data protection (Aifs.gov.au, 2022). In order to address the issue of selection bias, it is imperative to employ random sampling techniques and conduct demographic research to establish a dataset that accurately represents the population under study. In order to assess the enduring effects of a phenomenon, it is necessary to adopt a longitudinal methodology and employ intermediate indicators of outcomes (Dcj, 2022). The management of various interventions necessitates a well-defined scope and a comparison analysis, whilst intricate causality requires the utilization of advanced statistical techniques and qualitative research methodologies.

The mitigation of resource limits can be achieved through the implementation of prioritization strategies and the provision of external support. Additionally, the existence of political pressures necessitates the establishment of independent evaluation teams. The facilitation of access to sensitive data can be achieved through collaborative efforts and the establishment of ethical frameworks (Dcj, 2022). Additionally, ensuring that the timing of evaluations is aligned with policy milestones necessitates a certain degree of flexibility. Finally, the task of correcting biases in public perception requires the implementation of transparent practices and active engagement with a wide range of opinions (Aifs.gov.au, 2022). The successful resolution of these obstacles will provide a thorough and impartial assessment of the policy's efficacy in addressing domestic violence within the family law framework, thereby promoting enhanced safety and fairness for victims and their families.

References

Aifs.gov.au (2022). Evaluation of the 2012 family violence amendments. [online] aifs.gov.au. Available at: https://aifs.gov.au/research/research-reports/evaluation-2012-family-violence-amendments.
Attorney-General's Department (2021). Changes to Family Law from 7 June 2012. [online] Attorney-General’s Department. Available at: https://www.ag.gov.au/families-and-marriage/publications/changes-family-law-7-june-2012 [Accessed 1 Oct. 2023].
Australia, H. (2020, April 14). Domestic violence. Www.healthdirect.gov.au. https://www.healthdirect.gov.au/domestic-violence-and-abusive-relationships
Australian Institute of Health and Welfare. (2022, November 9). Family, domestic and sexual violence Overview. Australian Institute of Health and Welfare. https://www.aihw.gov.au/reports-data/behaviours-risk-factors/domestic-violence
Borgenproject.org (2022). HOW THE AUSTRALIAN GOVERNMENT IS REDUCING DOMESTIC VIOLENCE. https://borgenproject.org/reducing-domestic violence/#:~:text=Another%20way%20the%20Australian%20government,living%20in%20the%20country%20out
Dcj (2022). The law on domestic violence. [online] Communities and Justice. Available at: https://www.dcj.nsw.gov.au/content/dcj/dcj-website/dcj/children-and-families/family-domestic-and-sexual-violence/police--legal-help-and-the-law/the-law-on-domestic-violence.html [Accessed 1 Oct. 2023].
Gov.au (2012). Family law update. https://aifs.gov.au/research/family-matters/no-90/family-law-update
Lloyd, M. (2018). Domestic Violence and Education: Examining the Impact of Domestic Violence on Young Children, Children, and Young People and the Potential Role of Schools. Frontiers in Psychology, 9(1), 1–11. https://doi.org/10.3389/fpsyg.2018.02094
Manupatra (2021). Articles – Manupatra. [online] articles.manupatra.com. Available at: https://articles.manupatra.com/article-details/WELFARE-OF-THE-CHILD-AFTER-PARENTS-DIVORCE-OR-SEPARATION-KEY-ANALYSIS [Accessed 1 Oct. 2023].
Mitcheltree, H., & Sunikka-Blank, M. (2022). Identifying a research gap in relation to family and domestic violence accommodation design within Victoria, Australia: A systematic review. Frontiers of Architectural Research. https://doi.org/10.1016/j.foar.2022.09.001
Moore, S., Fox, R., Nic Giolla Easpaig, B. et al. Family and domestic violence policy discourses and narratives: implications for Emergency Departments and communities in rural Australia. Int J Equity Health 22, 65 (2023). https://doi.org/10.1186/s12939-023-01873-y
Ojp.gov (2021). a- Working With the Courts in Child Protection The User Manual Series. [online] Available at: https://www.ojp.gov/pdffiles1/Digitization/139618NCJRS.pdf.
United Nations. (2022a). Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. OHCHR. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-basic-principles-justice-victims-crime-and-abuse
United Nations. (2022b, December 20). Declaration on the Elimination of Violence against Women. OHCHR. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-elimination-violence-against-women
Vic.gov.au (2022). List of stakeholders. https://www.vic.gov.au/victorian-family-violence-data-collection-framework/list-stakeholders