Reform of Domestic Violence Law

• NCJ Number: 153362
• Journal: Criminal Justice Quarterly Issue: 9 Dated: (1994) Pages: 1-4
• Author(s): J Hay
• Date Published: 1994
• Length: 4 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Description
• Language: English
• Country: New Zealand

Annotation

This article outlines the contents of a New Zealand bill on domestic violence which is to be introduced to Parliament.

Abstract

The primary objective of the new bill is to provide greater legal protection for victims of domestic violence. The bill will target violence that is usually "hidden," occurring primarily in homes and between people in close relationships, including but not limited to family members. In recognition of the diversity of domestic relationships that now occur in society, the bill will allow a much wider range of individuals to apply for protection orders; these include cohabiting partners, whether heterosexual or same-sex, family members, household members, and people in close personal relationships. There is to be one protection order to replace the current nonmolestation and nonviolence orders. The protection order will have standard conditions that prohibit any type of domestic violence, regardless of the kind that prompted the application. The court will be able to impose special conditions that are appropriate in the particular case. Positive measures to promote changes in behavior and attitudes are necessary if there is to be any long-term amelioration of domestic violence. Where a protection order is made, there is to be a presumption that the respondent should attend counseling or a program in an attempt to modify the respondent's future behavior. The penalty for breach of a protection order is to be increased to a maximum of 6 months imprisonment or $5,000 fine. Occupation, tenancy, and ancillary orders that relate to furniture will continue to be available. Court procedures will be simplified as far as possible. Amendments are to be made to the civil legal aid provisions of the Legal Services Act 1991 so that in domestic protection proceedings the applicant for a protection order does not have to pay a contribution, nor will there be a charge on the applicant's property in respect to the costs of the proceedings. Other issues discussed are the limits of legislation, custody and access, presumption against violent parents having custody or unsupervised access, submissions on the new bill, and publicity and education.