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Domestic Violence Act 1995 Process Evaluation

NCJ Number
186292
Author(s)
Helena Barwick; Alison Gray; Roger Macky
Date Published
April 2000
Length
162 pages
Annotation
This report examines how well the aims of New Zealand's Domestic Violence Act 1995 are being achieved.
Abstract
Under the act, there is now one protection order to which non-violence and non-contact conditions may be attached. The definition of a "domestic relationship" is far broader than previously, and the grounds for granting an order have also been extended. The act recognizes that psychological abuse is committed against a child who witnesses abuse, and the protection of an order is automatically extended to any children of the applicant's family. The act also contains provisions for an application to be made on behalf of another person. The act has a rehabilitative focus, with respondents required to attend programs that address their violent behavior. Approved education programs are also available free of charge to protected persons and their children. Seven types of data were obtained for this evaluation. They included statistics on applications under the act; a study of 335 court files of applications under the act; a national survey of all family court judges, family court coordinators, and a sample of lawyers doing family court work; interviews with strategic personnel involved in implementing the act; interviews with applicants and respondents under the act; interviews with victims of domestic violence who have not applied for a protection order; and case studies of best practice in various aspects of the act's implementation. Overwhelmingly, the people who were interviewed as key informants for this research, as well as those who responded to the surveys, consider the Domestic Violence Act 1995 to be effective legislation that achieves it objectives. These include recognizing that domestic violence in all its forms is unacceptable behavior and ensuring that when domestic violence occurs there is effective legal protection for its victims. Almost without exception, judges, lawyers, and court staff believe the act is an improvement over previous legislation. This evaluation identified some general barriers to victim use of the legislation as well as barriers for specific groups. Implementation issues are also discussed. Extensive tables and appended evaluation questionnaires