Apprehended Violence Orders: A Survey of Magistrates

• NCJ Number: 181287
• Author(s): Jennifer Hickey B.A.; Stephen Cumines B.A.
• Date Published: 1999
• Length: 109 pages
• Corporate Author: Judicial Cmssn of New South Wales
• Sale Source: Judicial Cmssn of New South Wales
• Publication Format: Document
• Publication Type: Survey
• Language: English
• Country: Australia

Annotation

Because apprehended violence orders (AVOs) occupy a substantial proportion of the overall workload of local courts in New South Wales and this form of litigation produces the most complaints to the Judicial Commission of New South Wales, a survey was conducted to gather information from magistrates on AVOs, domestic violence orders (DVOs), and personal violence orders (PVOs).

Abstract

Of 122 magistrates invited to respond anonymously to the survey, 56 percent participated. Two-thirds of all respondents estimated that they spent between 10 and 20 percent of their time dealing with AVOs, and about two-thirds of the time spent on AVOs involved DVOs. Most magistrates reported their role as essentially a judicial one, although nearly one-third replied that their role was also to mediate, negotiate, or conciliate disputes. About two-thirds thought the local court was the best forum for dealing with DVOs. On the other hand, only one-third had a similar review with respect to PVOs, favoring instead the less adversarial models of community justice centers and counseling. Nearly all magistrates believed DVOs were effective in dealing with domestic violence, and about 70 percent said PVOs were effective in dealing with personal violence. About half indicated the requirement that police apply for DVOs in certain circumstances led to an increased workload for the courts. Many felt that DVOs were used by applicants as a tactic in family court proceedings to deprive their partner from access to children. Also, many respondents thought the support network in their courts assisted AVO proceedings, and 40 percent said their courts were poorly resourced with regard to support services. Ninety percent of magistrates felt domestic violence differed from other types of violence, and 75 percent agreed their main priority in assessing DVOs involved concern for the safety and women and children. When asked to identify changes they would like to see in the way DVOs were handled, 46 percent said the police should have more discretion to filter out unmeritorious cases. Other recommendations concerned the court system, legislation, and training. The magistrate survey form is appended. 5 tables