Domestic Violence In Australia

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The definition of the term domestic violence is, a personal violence committed by a person against another person with who commits the offence had had a domestic relationship. Domestic violence can occur in all families, regardless of their cultural background, wealth, and age. It happens to anyone at anytime and goes un-reported at times. Domestic violence is a serious crime in Australia and although there are laws to protect women, the legal system has a responsibility to see through that these women are not subjected to this ill treatment again. Domestic violence can take the form of verbal or non-verbal abuse which includes psychological, mental or emotional abuse, sexual abuse, stalking or cyber-stalking, economic abuse or financial…show more content…
In Australia women are encouraged to obtain legal orders by the courts to protect themselves from their violent partners. Protection orders are readily available to those who fear future assaults and abuses. The Domestic Violence (Amendment) Act 1998 states that a protection order will be carried out, when the court is satisfied on the balance of probabilities that a person has engaged in conduct that constitutes domestic violence. The most important part of the 1983 legislative reforms was t he introduction of protection orders for victims. An order called the ‘Apprehended Domestic Violence Order’ (ADVO). It is enforced nationwide and if the defendant breaches the order they can be guilty of a criminal offence. The Apprehended Violence Order (AVO) is a court order that aims to protect a person by prohibiting and restricting another person from doing specific things. AVO’s are initiated by making a complaint by the person themselves or the police. A person who is over the age of 16 can apply for an AVO in order to protect himself or herself from the…show more content…
In addition to being immediately responsible for enforcing the legislation, they are the only round-the-clock assistance to victims. There are severe gaps in knowledge of domestic violence issues by professionals in a range of services including health, welfare and legal and court services. There is some gender bias that women face, regarding the issue of gender bias, an example would be the following case, ‘ Osland (1991) ‘ Ms Osland from Bendigo was convicted of premeditated murder of her abusive husband in 1991. The court was told that Osland drugged her husband and then her son attacked him with a metal pipe. The son was acquited after a plea of self- defence but Ms Osland was found guilty with murder. After spending nine and a half years in prison for murdering she finally tasted freedom. This case was taken to the high court in 1998, where the high court reviewed this case as the ‘Battered Womens Syndrome’. Since her husband had been abusing her for 13 and a half years she could no longer take it. Her anger exploded the day she murdered her husband. This case shows how the legal system sent an innocent victim of domestic violence to prison for killing her husband after enduring the pain for over 13 years. There is an obvious gender bias within the legal system wich decreases its effectiveness when dealing with issues related to women. Gender bias suggests that the law has been cerated by males and excludes women

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