Domestic Violence - Stop It!
Refining the laws and ensuring rights
Don’t protect abusive cowards
A Committee has been formatively put together, initiated by Students Without Borders, to pursue, negotiate and lobby changes to the law, or the refinement of laws to ensure that those alleged to have committed spousal violence and especially where physical injuries are apparent and alleged, that in a triage type approach the matter should be preliminarily heard before a magistrate, without denying the respondent their natural rights and defence. However, for the purpose of ensuring an early and accurate record of injuries, evidence of such injuries and to ensure the type of mediation that shall separate, where warranted, complainant or victim and respondent from further risk, whether physical, emotional and psychological, a magistrate should hear evidence on the matter at hand without question for further delays in terms of alleged assault itself, preliminarily. Such risk is not being sufficiently diminished or safety ensured by the proposition of Restraining Orders where a magistrate may not be able to 'hear' evidence or concerns from a pending criminal matter or where the VRO/MRO is set for another date after the criminal proceedings for the alleged assault.
Far too many victims and associated mental and emotional unwellness manifest from long drawn out matters or from such matters not prioritised by the judicial system (backlog) and hence delays are often in excess of a year or two, and because the respondent often claims the incumbent privileges of various rights. Preliminary hearings should be enabled, within weeks, to ensure a record of fresh and accurate evidence and to ensure the well being, even if by separation, of persons at risk from one another. Current practices are proving insufficient and Restraining Orders take time and psychological toll, and respondents often breach bail conditions and often with further grievious toll.
A cathartic effect of ensuring the complainant, the respondent and the Police are heard at the earliest possible opportunity will improve the well being of especially the alleged victim, allow for some healthy mediation and endearing early intervention and preventative understandings and crucially improve the integrity of evidence, even if the matter is finally resolved for instance a year or more later to ensure the full entitlements of what constitutes procedural fairness and natural justice. We've got to improve the process, the criminal justice process.
The Committee will announce itself in the weeks to come and has already begun formulating its own process. It will work with all the relevant organisations and other Committees of such nature and its own experienced Committee members (and we welcome others), who have worked as members on Boards and other Committees shall (and are) provide the ethos of care and commitment to ensure an appropriate erudite dissemination of intended goals.
Those who are interested in expressing their interest to be involved itself with the Committee and the Campaign(s) should email such expression to Vicky Edwards at swb@guild.murdoch.edu.au or to Gerry Georgatos at gerry_georgatos@yahoo.com.au
Below are some commentary from the (formative) Committee members to newspapers that we have re-published online:
4/8/2009
DOMESTIC violence is a cowardly
form of violence
This is because one can lie about it, especially as to the factors that lead to it.
Others misuse the relationship to keep their partners silent and terrified.
Domestic violence is horrific because of its physical, emotional and psychological abuses and because of society’s systemic ignorance.
This ignorance pervades the policing against those who have allegedly offended.The judicial system inflicts suffering on the victims by being lenient on those who have offended, providing them too much leeway with the assumptions of natural justice and procedural fairness.
The police who may prosecute domestic violence and aggravated assaults and the legal system that presides over them need to ensure expediency.
Laws need to be refined to ensure expediency where victims who have been savagely beaten are not psychologically abused by their assailants.
Gutless cowards who attack their spouses when they have the choice to walk away or call the police or other family should not be able to hide behind the graces of the law and abuse their hopefully former partners any further.
I have seen these cowards hide behind the gutless arguments of self-preservation, by abusing the system, behind mercenary lawyers and behind extended family such as parents.
Cowardly parents should do the right thing by them and everyone and tell them to plead guilty and act mature.
This is because one can lie about it, especially as to the factors that lead to it.
Others misuse the relationship to keep their partners silent and terrified.
Domestic violence is horrific because of its physical, emotional and psychological abuses and because of society’s systemic ignorance.
This ignorance pervades the policing against those who have allegedly offended.The judicial system inflicts suffering on the victims by being lenient on those who have offended, providing them too much leeway with the assumptions of natural justice and procedural fairness.
The police who may prosecute domestic violence and aggravated assaults and the legal system that presides over them need to ensure expediency.
Laws need to be refined to ensure expediency where victims who have been savagely beaten are not psychologically abused by their assailants.
Gutless cowards who attack their spouses when they have the choice to walk away or call the police or other family should not be able to hide behind the graces of the law and abuse their hopefully former partners any further.
I have seen these cowards hide behind the gutless arguments of self-preservation, by abusing the system, behind mercenary lawyers and behind extended family such as parents.
Cowardly parents should do the right thing by them and everyone and tell them to plead guilty and act mature.
Another submission:
08/09/2009
Two wrongs do not sort out problems. We need to ensure that people are accountable for their actions. I am not asking that we pursue justice rather that we live justice.
People, when alleged of what appears an obvious incident should expediently be asked to account for the alleged actions. I do not believe in mandatory sentencing. I believe in mandatory accountability at the earliest possible convenience.
In terms of spousal or de facto (relationship) violence people should account, rather than delay, before the courts as to avoid further psychological, emotional and spiritual abuse of those already abused and hurt. Society has to determine what is not acceptable and to live it as the lived example.
Accountability must be ensured. Let people speak and the less they speak behind lawyers the better though this is problematic for many. However let the courts increasingly become forums where people have to explain/defend themselves asap.
Another submission:08/09/2009
Two wrongs do not sort out problems. We need to ensure that people are accountable for their actions. I am not asking that we pursue justice rather that we live justice.
People, when alleged of what appears an obvious incident should expediently be asked to account for the alleged actions. I do not believe in mandatory sentencing. I believe in mandatory accountability at the earliest possible convenience.
In terms of spousal or de facto (relationship) violence people should account, rather than delay, before the courts as to avoid further psychological, emotional and spiritual abuse of those already abused and hurt. Society has to determine what is not acceptable and to live it as the lived example.
Accountability must be ensured. Let people speak and the less they speak behind lawyers the better though this is problematic for many. However let the courts increasingly become forums where people have to explain/defend themselves asap.
06/08/2009
I am part of a number of committees and have over time witnessed how the legal and judicial systems operate. They are backlogged with various crimes. I have visited jails to assist prisoners with partner programs and opportunities to overwhelm cycles of inter generational abuse.
I have noticed that much of the backlog in the judicial system is for minor crimes and misdemeanours, and that the prisons' incarcerated include a proportionately high number of small crimes offenders.
There needs to be a triage approach to deal with the most serious crimes. Domestic violence that culminates in serious physical injuries of an aggravated bodily harm definition are serious and need to be brought before the courts immediately. Magistrates need to witness the injuries, specialist opinions sought and the magistrate make a decision as to the pathways forward for presiding over such serious matters as to stop further abuse in all its forms.
I am a supporter of dealing with the worst crimes first.
DOMESTIC VIOLENCE - STOP IT! CDVLC (changing domestic violence laws committee)
If you would like to get involved email studentswithoutborders@rocketmail.com