Domestic Violence (Enhancing Safety) Bill
Posted on 06:00, January 10th, 2009 by Anita
As part of fulfilling their election promises the government has put forward changes to the domestic violence legislation. The proposal will see Police able to issue an order banning the perpetrator of domestic violence from the home for five days to protect the victim and any children, those orders will not be subject to any kind of judicial review or oversight.
The first part is a reasonable approach to the issue, the second is clearly wrongheaded – why should these orders be without judicial review or oversight? Where are the checks and balances?
The problem the Police face is what to do in the middle of the night in the face of a case of the less serious end of the spectrum of domestic violence (in the more serious cases they simply arrest the abuser). At the moment in cases which don’t quite warrant that they have three options: leave the abuser at large and hope nothing worse happens, tell the victim to go to a refuge or a friend’s place, or lock the abuser up anyhow. The ability to issue an order banning the abuser from the house would be a sensible tool to add to this.
Idiot/Savant has called for the Bill to be rejected but that doesn’t improve the current situation which probably sees both unnecessary imprisonment and victims being driven out of their homes. Deborah suggests reducing the period to 72 hours, but I’m not sure it’s the period that’s the problem as long as there’s an opportunity to review inappropriate exclusions.
I think that the Police should have the ability to ban the abuser immediately from the house for five days. The first day that courts are open the Police should then go before the court and have the order reconfirmed with everyone involved able to be heard. The court can then either confirm the order, reject the order or, potentially, issue a normal protection order. The order itself should be subject to the normal review process.
That way victims of domestic violence are protected, abusers are not unnecessarily arrested, and the standard judicial processes and reviews are available to all involved.
What do you all think? We have until late February to get submissions in, so we have time to figure out a solution which would really work.