Effectiveness of Family Law in Achieving Justice for Family Members

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The law has been significantly successful in achieving justice for family members and society in regards to domestic violence. Apprehended Domestic Violence Orders are the most significantly effective means of achieving justice for family members and society. Apprehended Domestic Violence Orders are protected under the Crimes (Domestic and Personal Violence) Act 2007, which ensures the safety and protection of all victims, including children, who encounter and witness domestic violence. This legal mechanism is successful in achieving justice because it stops the perpetrator from contacting and violently attacking the victim. ADVOs are also advantageous because they are cheap, easily accessible and supported by the full weight of the criminal law system, as well as being granted on-the-spot in emergency cases where application is granted over the phone. This significantly protects family members who may be subject to violence, as the application is instantaneously granted and therefore able to be enforced at a much faster rate. This is further detailed in the article “On-the-spot apprehended domestic violence orders to protect women” where four out of five ADVO applications are made outside of court hours. Therefore, this would eliminate delays in granting applications and strengthen the justice achieved by family members and society. Studies show that 90% of ADVOs go without being breached showing that it is a significant deterrent from domestic violence. Furthermore, police have been encouraged to arrest domestic violence offenders following the adoption of a 'pro-arrest' policy. Family members and society are therefore achieving justice through the prevention of violence before it actually occurs. Under the Law Enforcement (Powers and Responsibilities) Act 2002, police are now able to search for a wider range of dangerous weapons that could be used in a domestic

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