Incidents v context: How does the NSW protection order system understand intimate partner violence?

Author(s) Wangmann, Jane
Title Incidents v context: How does the NSW protection order system understand intimate partner violence?
Source Sydney Law Review, 2012, Vol.34, pp695-719
Date 2012
Document type Journal article
Coverage NSW Australia
Summary This article explores whether civil protection order systems continue to reflect the criminal law�s narrow understanding of IPV, despite the progressive elements that have been introduced. For this study findings from a larger study on cross-applications in NSW ADVO proceedings were analysed. ADVO complaint narratives prepared by either police officers or local court chamber magistrates are analysed in depth and it was found that they were generally of poor quality with little attention paid to eliciting and documenting the information required for the court to grant an order. The focus was on a single incident and there was often too much irrelevant information or too little information. The progressive features of civil protection systems were designed to provide the scope needed for legal practice under the ADVO scheme to move beyond incidents and respond to the broad experience of domestic violence. This study found that in practice the ADVO scheme continues to focus on a narrow definition of violence and an implementation gap is identified.
Keywords Protection orders; ADVO; AVO; cross-applications; court constraints
Topic Domestic violence