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The Forum > Article Comments > Mischief in the Family Law Act > Comments

Mischief in the Family Law Act : Comments

By Patricia Merkin, published 30/6/2011

Broadening the definition of domestic violence will ensure children's safety.

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R0bert:"You will notice the pattern that the only examples of bad or dangerous parents that Patricia, ChazP etc mention or acknowledge are male."

When all you have is a hammer, everything looks like a nail.
Posted by Antiseptic, Friday, 29 July 2011 7:19:27 AM
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Robert ~ "their (there)are parents of both genders who are risks to their kids and their are parents of both genders quite willing to play the system for their own advantage."
Quite correct Robert, so why are you opposing measures to prevent such parents having custody and contact with their children and claiming "Oh its only us poor Dads who will get it in the neck from these new laws.". The present Sharia Parenting Laws give licence to such parents to have custody and contact with their children and at great cost to those children. But that is of little concern to you as long as male rights are protected.
" You will notice the pattern that the only examples of bad or dangerous parents that Patricia, ChazP etc mention or acknowledge are male." - Why do we need to do otherwise, Robert, when you and other male supremacists and supporters of the Sharia Parenting laws, are constantly bleating on about it.?
Posted by ChazP, Friday, 29 July 2011 8:01:14 AM
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ChazP has ignored the point that's been made repeatedly on this and other thread's. The answer is therefore for those wanting to understand concerns rather than brush them aside.

The proposal is travelling in parallel with attempts to introduce into various parts of the law statments which effectivly profile DV offender's as mostly male. There was a long running thread on OLO some time back on that topic.

If that also occurs it's unlikely that a male accused of DV (or claiming that a female partner is the abuser) will get much of a hearing. Some of the same has been touched on in the DV as a gender hate crime thread.

There is also an extroardinary unwillingness from supporters of the proposed changes to discuss safeguards (some has gone so far as to suggest males don't deserve any safeguards). If there is a process which isolate's the accused from children, home etc while claims are investigated it should be an absolute that can't be used to establish patterns of residency etc while the investigation is underway.

I support legitimate investigation of credible allegations and action based on evidence of risk, I oppose the setup of a system likely to increase the use of false accusations to gain advantage for the accuser especially when accompanied by gender based profiling of family violence.

R0bert
Posted by R0bert, Friday, 29 July 2011 10:37:24 AM
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Robert - These are the `concerns' and the `patterns', you speak of: "In 2005, an estimated 1.3 million women aged 18 years and over had ever experienced partner violence since the age of 15 years. The most common location where women were physically assaulted by a man was in their home or another person's home (64% or 125,000).Partner violence most often occurs in the home. In 2005, the majority (87% or 263,000) of women whose most recent experience of physical assault during the last five years was by a partner said that it took place in their home, with a further 8% reporting that it occurred in someone else's home. A vast majority (93% or 61,100) of women reporting incidents of sexual assault by a partner also said they took place in their home or another person's home. Some women experience partner violence while they are pregnant. In 2005, 37% (83,500) of women who were pregnant during the relationship with a violent partner had experienced violence while pregnant. A small proportion (16%) said that the violence occurred for the first time while they were pregnant.In 2005, 60% (214,000) of women who had experienced partner violence in the last five years had children in their care. Just over two-thirds of these women (68% or 145,000) said that the children had witnessed the violence.Violent behaviour is often associated with consumption of alcohol or certain drugs. In 2005, of women whose most recent experience of physical or sexual assault was by a partner, a considerable proportion (50% and 46% respectively) said that their partner's consumption of alcohol or drugs had contributed to the incident." ~ Deputy Chief Justice John Faulks Oct 2010.
You should look to distinguish between Aggressor Violence and Defensive Retaliatory Violence and other qualitative data, instead of quoting bare statistics.?.
What further safeguards are needed when domestic violence and child abuse cannot be proven in Family Court, because Family Courts do not have the Powers, Expertise, nor the Resources to investigate such allegations, and do not have the powers to order statutory authorities to conduct such investigations?.
Posted by ChazP, Friday, 29 July 2011 12:34:44 PM
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"distinguish between Aggressor Violence and Defensive Retaliatory Violence "

I wish I could distinguish between the two across the board but the reality is that unless a lot of time has been spent to do detailed investigation we can't. We might be able to get an idea who most regularly initiates the physical aspect of domestic violence but that's about as far as it goes.

Whilst I've no doubt that significant proportion of DV is in the mind of the perpetrator "Defensive Retaliatory Violence" all to often it will be ignoring the perpetrators own contributions to the situation.

In the real world of domestic conflict a lot of otherwise good people may eventually hit back however it's not a credible solution to most domestic conflict and it's impossible to tell from outside who really started it.

R0bert
Posted by R0bert, Friday, 29 July 2011 1:01:16 PM
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Again drifting back to discussing who does more which is I believe a distraction from the real issue of protecting kid's however I do think it bears some relevance due to idea of "defensive retalitory violence" as a dismissal of violence against men.

I'd previously referenced a meta study which has attempted to draw conclusions from a wide variety of research material. Primarily US material but attention has been paid to studies from other countries. It does appear to be a genuine attempt to put the available material into a coherant form and look at the key assumptions.

http://lilt.ilstu.edu/mjreese/psy290/downloads/Archer%202000.pdf - p664 (or 14 of 30)

"Sex Differences in Physical Aggression and Violence
to Partners

When measures were based on specific acts, women were significantly
more likely than men to have used physical aggression
toward their partners and to have used it more frequently, although
the effect size was very small (d = -.05). When measures were
based on the physical consequences of aggression (visible injuries
or injuries requiring medical treatment), men were more likely
than women to have injured their partners, but again, effect sizes
were relatively small (d = .15 and .08)."

I'd recomend a read of the whole publication for those genuinely trying to understand the differeing perceptions about domestic violence. What continues to stick out is that the differences are not primarily defined by gender despite the most determined efforts by some to portray it in those terms.

R0bert
Posted by R0bert, Friday, 29 July 2011 4:09:14 PM
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