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The Forum > General Discussion > Holistic Approach to Domestic Violence

Holistic Approach to Domestic Violence

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R0bert’s bullet points are all relevant to AVOs issued under conditions obtaining today and already need to be addressed where the process creates real injustice. One thought – if violent criminals were locked out of their victims’ harm’s way, shelters now used for bash victims could serve instead as temporary accommodation for AVO recipients barred from the family home.

Under a regime in which convicted bashers are gaoled for at least the time their victims’ freedom requires their absence, AVOs would be an issue only if their defence lawyers got them off. Thus effective anti-basher laws must require that assault trials are confined strictly to evidence and argument relevant to the question “Did the defendant assault the alleged victim or not?” The only acceptable evidence that could mitigate the assault would be that the defendant had already been criminally assaulted by the victim. Barristers who deviate from that and yammer on about other issues (as some basher apologists on this thread do but this is not a court case) are committing contempt of court and should be struck off the rolls.

The most drastic AVO I’ve seen was in the 1950s when a murderer of his partner’s son, a scumbag called Moller, was paroled after 25 years or so on condition that he moved to the Eastern States. Dunno who was treated the more harshly – Moller or the citizens of the Eastern States. As an immigrant from the East my sympathies were with the T’othersiders.

I take OTB’s point that DV offenders are not a homogeneous bunch. But if the V really stands for violence they all have two features in common: they bash and they’re at large.
Posted by EmperorJulian, Sunday, 1 November 2015 4:09:09 PM
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EmperorJulian,

Tks, as you know I am not disagreeing you on the point you make.

It is worth remembering though that the AVO is no deterrent to the violent who seriously harm, even kill. It would be another charge, that is about it.

So, when it all comes down to risks and treatment of those risks and the risks are not solely affecting and limited to the person making the allegation (RObert's point that the AVO is a common weapon in Family Law disputes), I am yet to be convinced that AVOs have a place. Not arguing against them, just considering all risks and remedies.
Posted by onthebeach, Sunday, 1 November 2015 4:40:29 PM
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I'm not sure about the difference between an AVO and. DVO but I do know it is very simple for a woman to obtain a DVO, not sure about a man. I say this because I have witnessed such an occurrence against a man with a good heart, and that would nit hurt a fly.

In my position, as a registered gun owner, having a DVO taken out against me would mean loosing my right to my guns. This may seem harmful, but I believe once the DVO is lifted, getting your guns/licence back can be a nightmare.

Two main things have to change if we are serious about tackling domestic violence, firstly, the ease of which a DVO can be obtained, and secondly, a shake up of our judicial system because atbthe moment it's a bit of a lottery, depending on which judge resides over the case, and I'm assuming what mood they are in at the time.

Quite simply, the system is broken and until we fix the system (which protects thugs and allows for manipulation of innocent people) all we are doing is throwing money away.
Posted by rehctub, Tuesday, 3 November 2015 6:19:53 AM
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Whichever kind of XVO it is, legal and administrative review should remove all irrelevant penalties on people who haven't been convicted of anything. Guns are a problem though as the authorities would look pretty sick if a basher shot the subject of a restraining order. But certainly the officials should be required to get their fingers out the moment the order is lifted. The main reason Greg Anderson was at large to bash Luke Batty to death was that the officials responsible for arresting him on rock spider charges just couldn't have cared less and stuffed up the paperwork.

The court lottery could be ended by heavy legislated minimum penalties. Seven years for a restraining order violation would be a good lower-end start. I heard on the wireless this morning [1] that a top demand of the Charlesville community opposing domestic violence was for serious penalties for convicted offenders. I'd be amazed if that sentiment wasn't nationwide.

[1] http://www.abc.net.au/am/content/2015/s4344086.htm
Posted by EmperorJulian, Tuesday, 3 November 2015 1:00:56 PM
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Emporer Julian

"The main reason Greg Anderson was at large to bash Luke Batty to death was that the officials responsible for arresting him on rock spider charges just couldn't have cared less and stuffed up the paperwork."

"He was facing charges related to the possession of child abuse images of young girls aged between 10 and 14." Obviously the images had the ages of the girls stamped all over them particularly the images of 14 yo maybe going on 15 yo girls. So even if he was convicted of such charges I think as a first offense conviction, you'd find he would have only received a very light sentence if precedence is anything to go by.

So what you call "rock spider charges" are almost immaterial to him being "at large to bash Luke Batty to death". From my understanding of the situation the conflict over the son had been going on circa the life of their son.

I would say more material to Luke Batty's death is the fact that Rosie Batty had been successful in obtaining a court order restricting Anderson to a humiliating presence at his sons weekend sporting events and little to no contact with his son over a seven week period including school holidays and the possible fear that the mother's real intention was to move to the UK for good.
Posted by Roscop, Tuesday, 3 November 2015 2:33:27 PM
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Roscop my brother inlaw has been through precicely that, his x would request him to bring their daughter to netball, then she would abuse the crap out of him and make a huge scene in front of everyone as he had in fact, by bring the child, breached hid DVO.

While her team mates and other players saw her for what she is, the kids were being continually traumatized by this evilest of women. Even today she is qcomtinually harassing him and short of going to the courts (no money) he has no rights and, if he were a lunatic he may well resort to beating the crap out of her, if he did I would back his actions in any court as being the result of continual aggravation, and that's a huge call because I come from the side of 'you never hit a woman'.

This woman, I refer to as an evii bitch shaw does test that theory.
Posted by rehctub, Tuesday, 3 November 2015 7:02:17 PM
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