The Domestic Violence Protection Order System as Entry to the Criminal Justice System for Aboriginal and Torres Strait Islander People

Douglas, Heather; Fitzgerald, Robin

doi:10.5204/ijcjsd.v7i3.499

Cited by 59 publications

(26 citation statements)

References 20 publications

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“…This suggests that persons of color were highly overrepresented within this particular court system. Unfortunately, this is consistent with findings both within the US (e.g., Jeremiah & Oyewuwo-Gassikia, 2019) and internationally (e.g., Douglas & Fitzgerald, 2018) that demonstrate a disproportionate number of people of color are named on domestic violence orders, charged when they break them, and are significantly more likely than their white counterparts to receive a sentence of imprisonment for a contravention of an order for protection.…”

Section: Participantssupporting

confidence: 87%

Personality Assessment Inventory’s Utility in Pre-Treatment Assessment for Violent Offenders

Nedegaard¹,

Cronin²

2021

JSS

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Domestic Violence programs are often mandated to treat perpetrators of intimate partner violence (IPV), yet ways to improve the effectiveness of these programs are needed. One possibility is to provide a more comprehensive assessment and screening so that group facilitators can be better prepared to serve their clientele from the very beginning of treatment. To that end, the Personality Assessment Inventory (PAI) was administered to 154 IPV perpetrators as part of pre-treatment assessment for group treatment programs. After the treatment groups were finished, Interviews were conducted with group facilitators to determine if the facilitators of groups for men who engage in IPV perceived the PAI as an effective pre-treatment assessment tool. The majority of the program facilitators believed the PAI to be a useful tool and discussed various ways they were able to use the results in a positive manner. Those who did not find it useful were likely not to take the time to use the PAI at all, indicating there was not enough time because of the arduous nature of the job. The PAI protocols collected from program participants are also presented and compared to those currently published in the literature for this population. PAI profiles for this group differed from the comparison groups in two ways. Within the clinical scales, this group scored higher than the community norms and the published norms for men engaging in IPV on negative relations, antisocial behaviors and alcohol problems. On the validity scales, they had a significantly higher number of invalid profiles, mainly due to higher levels of positive impression management.

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Section: Participantssupporting

confidence: 87%

Personality Assessment Inventory’s Utility in Pre-Treatment Assessment for Violent Offenders

Nedegaard¹,

Cronin²

2021

JSS

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“…Responding to these concerns is not solely about training (criminal justice) professionals to respond more appropriately to women living with violence, though without a doubt, more could be done in this respect. In particular, the creation of a new offence does not deal with any of the well-documented concerns women have for not engaging with the criminal justice process and, as Douglas (2018) has observed, may also create new opportunities for what she has termed 'legal systems abuse': perpetrators using the legal system to further assert control over their partners (see, e.g., research on protection orders and the criminalisation of women victims: Douglas and Fitzgerald 2018;Douglas and Nancarrow 2014). Additionally, such abuse can also contribute to the criminalisation of women, adding to their concerns about engagement with legal processes at all (see further Tolmie 2018).…”

Section: Coercive Control Creep and Its Unintended Consequencesmentioning

confidence: 99%

The Criminalisation of Coercive Control: The Power of Law?

Walklate

Fitz‐Gibbon

2019

Int J for Crime, Justice & Social Democracy

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Making sense of intimate partner violence has long been seen through the lens of coercive control. However, despite the longstanding presence of this concept, it is only in recent years that efforts have been made to recognise coercive control within the legal context. This article examines the extent to which the law per se has the power, or indeed the capacity, to respond to what is known about coercive control. To do so, it charts the varied ways in which coercive control has entered legal discourse in different jurisdictions and maps these efforts onto what is evidenced about the nature and extent of coercive control in everyday life. This article then places the legal and the everyday side by side and considers the unintended consequences of ‘coercive control creep’. In conclusion, it is suggested that the criminalisation of coercive control only serves to fail those it is intended to protect.

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“…Indigenous male perpetrators also need access to Indigenous led behaviour change services in Indigenous communities (Langton et al 2020, p. 17), as opposed to punitive law enforcement approaches. However, there are very few Indigenous-led responses to DFV in Australia (State Coroner 2016, Douglas and Fitzgerald 2018, Nancarrow 2019, Langton et al 2020, and Indigenous communities remain overpoliced by officers neither trained or prepared for policing in these cultural contexts (Dywer, Scott and Staines 2021, p. 208).…”

Section: Reimagining the Policing Of Domestic Family Violence In Indigenous Communitiesmentioning

confidence: 99%

“…The multi-disciplinary teams of police, social workers, psychologists and lawyers offer a gateway to a range of supports instead of just funnelling victims/survivors into the criminal justice system. In the process, victims/survivors retain their autonomy from the state, avoiding some of the negative outcomes of the criminalisation of domestic violence experienced in places such as the United States (US) (Goodmark 2018, Kim 2018, Gruba 2020 and Australia (Douglas and Fitzgerald 2018, Nancarrow 2019, Langton 2020.…”

Section: Introductionmentioning

confidence: 99%

“…There has been extensive and justified criticism of the shortcomings of traditional policing practices in Indigenous communities in Australia (Blagg et al 2018, Nancarrow 2019, Langton et al 2020. Domestic violence laws have had particularly adverse consequences, including the removal of children from Indigenous women experiencing DFV, arrest and imprisonment of victims, and even deaths in custody (State Coroner 2016, Blagg et al 2018, Douglas and Fitzgerald 2018, Nancarrow 2019, Langton et al 2020. DFV is the most significant reason for Indigenous children entering into state care (Langton et al 2020, p. 13).…”

Section: Introductionmentioning

confidence: 99%

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Women-led police stations: reimagining the policing of gender violence in the twenty-first century

Carrington

Sozzo

Ryan

et al. 2021

Policing and Society

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When domestic violence was criminalised in countries like Australia, United States and United Kingdom, many saw this as a victory, as the state taking responsibility for violence against women. The problem was that its policing was delegated to a masculinised police force illequipped to respond to survivors of gender violence. Latin America took a different pathway, establishing women-led police stations designed specifically to respond to the survivors of gender violence. Our research team looked for inspiration to reimagine the policing of gender violence in the twenty-first century from the victim-centred women-led police stations that emerged in Argentina in the 1980s. By emphasising a preventative over a punitive approach, multi-disciplinary teams of police, social workers, psychologists and lawyers offer survivors a gateway to support, instead of just funnelling them into the criminal justice system. Surveying gender violence sector workers and members of the general public, we sought views on the potential of adapting the protocols of these specialist police stations to Australia. We argue that if staffed by appropriately trained teams to work from both gender and culturally sensitive perspectives, women-led victim friendly police stations could side-step some of the unintended consequences of criminalisation, pathing the way for reimagining the policing of gender violence. Framed by southern criminology the project aims to redress the biases in the global hierarchy of knowledge, by reversing the notion that policy transfer can only flow from the countries of the Global North to the Global South.

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The Domestic Violence Protection Order System as Entry to the Criminal Justice System for Aboriginal and Torres Strait Islander People

Cited by 59 publications

References 20 publications

Personality Assessment Inventory’s Utility in Pre-Treatment Assessment for Violent Offenders

Personality Assessment Inventory’s Utility in Pre-Treatment Assessment for Violent Offenders

The Criminalisation of Coercive Control: The Power of Law?

Women-led police stations: reimagining the policing of gender violence in the twenty-first century

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