LEGAL ASSIGNMENT Essay

Submitted By nathan0308
Words: 2255
Pages: 10

Domestic Violence

Domestic Violence is widely defined as "Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality." How is this quote persuasive – maybe a statistic to show the increasing number of domestic violence cases
Domestic Violence never takes form as a ‘one-off incident’, and should be seen as a pattern of abusive or controlling behaviour where the victim is taken control of by the abuser. Typically the abuse is patterned and controlled behaviour that tends to escalate over time. The abuse can start at any time and cannot be stopped without proper help. It may begin, or even intensify, after a couple have separated and can happen in the home or even in public places. This piece will analyse; the three principal pieces of legislation relating to domestic violence in QLD, how the laws are enforced, what the legal outcomes are (and if they are effective), and alternative approaches to the law. Recommendations to the law will be made and justified. Domestic Violence is one of the least publicised offences in QLD, yet isn’t allocated enough resources to help this. The three key points of this piece are; the increasing number of cases, the limited amount of resources, the amount of DVO breaches and the lack of sentencing on the offender. These key points will be evaluated, and recommendations will be made to help better protect the victim and prosecute the offender.
In Queensland, the three principal pieces of legislation relating to domestic violence protection orders are the Domestic and Family Violence Protection Act 1989 (Qld), the Family Law Act 1975 (cth) and the Domestic and Family Violence Protection Act 2012 (QLD). The Family Law Act outlines what occurs when a divorce happens in regards to property and children. It also outlines what will happen when domestic violence occurs before or after a divorce occurs. The Domestic and Family Violence Protection Acts (1975 and 2012) outline what will happen when domestic violence occurs within a relationship. Domestic Violence Orders (DVO) is also essential in protecting victims. A Domestic Violence Order (DVO) is a different legal option to someone being charged with a criminal offence as it is a civil order. A DVO tells the person who has been violent towards you what they must not do in the future. The main objective of the Domestic and Family Violence Protection Act are; maximising the safety, protection and wellbeing of victims of domestic violence and to minimise disruption to their lives, to prevent future violence and reduce the exposure of children to the violence, and to ensure that people who commit domestic violence are held accountable for the offences. These objectives can be obtained by; allowing a court to make a DVO to provide protection against and future violence, giving police particular powers in regards to domestic violence cases (such as protection orders), and imposing consequences for breaching a domestic violence order or police protection notice.

If the above is your legislation paragraph I hope you are going to include a lot more.
First state your legislation – history of the legislation, why was it introduced, previous legislation, has there been any amendments to improve the legislation – sections of state legislation relevant to your key points

Then look at cth legislation for domestic violence – what actions are in place – what sections relevant

Topic sentence The primary issue is that victims of domestic violence feel that they are not receiving enough help. In most cases, the victims reach out to hotlines but they are over-worked and the victims are placed on hold for up to two hours. In this time the victim can be assaulted again and cannot receive the assistance that they require. The most publicised cases of violence are those against women, as violence…