Different types of intimate partner violence? A comment on the Australian Institute of Family Studies report examining allegations of famly violence in child proceedings under the Family Law Act

Wangmann, JM

Different types of intimate partner violence? A comment on the Australian Institute of Family Studies report examining allegations of famly violence in child proceedings under the Family Law Act

Wangmann, JM

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Publisher:: LexisNexis Butterworths
Publication Type:: Journal Article
Citation:: Australian Journal of Family Law, 2008, 22 pp. 123 - 151
Issue Date:: 2008-01

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Field	Value	Language
dc.contributor.author	Wangmann, JM https://orcid.org/0000-0002-0812-4214	en_US
dc.date.issued	2008-01	en_US
dc.identifier.citation	Australian Journal of Family Law, 2008, 22 pp. 123 - 151	en_US
dc.identifier.issn	0817-623X	en_US
dc.identifier.uri	http://hdl.handle.net/10453/17398
dc.description.abstract	In June 2007 the Australian Institute of Family Studies published a study that examined allegations of family violence and child abuse in child proceedings under the Family Law Act. The study examined a large number of court files from two registries of the Family Court of Australia and the Federal Magistrates Court. It looked at the nature of the allegations, who made them, whether the allegations were supported by evidence, and the response by the other party to these allegations.Many of its findings are in accord with other studies which have also demonstrated that violence is prominent in family law proceedings and that outcomes rarely reflect whether there are allegations of violence or not. Importantly the study reported on the lack of detail and evidence to support many allegations and the difficulty that this creates for the court in determining final orders (or in providing a framework for negotiations). However, rather than suggesting that we need to look at the ways that violence can be better reported and responded to in family law proceedings, the authors instead suggest that we need to differentiate between different kinds of intimate partner violence. This finding does not flow from the data. This article explores the AIFS study by focusing on concerns around differentiation between different kinds of domestic violence, and its connection to debates about definitions and understandings of intimate partner violence.	en_US
dc.publisher	LexisNexis Butterworths	en_US
dc.relation.ispartof	Australian Journal of Family Law	en_US
dc.title	Different types of intimate partner violence? A comment on the Australian Institute of Family Studies report examining allegations of famly violence in child proceedings under the Family Law Act	en_US
dc.type	Journal Article
utslib.citation.volume	22	en_US
utslib.for	1801 Law	en_US
utslib.for	1605 Policy and Administration	en_US
utslib.for	1607 Social Work	en_US
dc.location.activity	Fremantle, Perth, Western Australia
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - LRC - Law Research Centre
utslib.copyright.status	closed_access
pubs.consider-herdc	false	en_US
pubs.volume	22	en_US

Abstract:

In June 2007 the Australian Institute of Family Studies published a study that examined allegations of family violence and child abuse in child proceedings under the Family Law Act. The study examined a large number of court files from two registries of the Family Court of Australia and the Federal Magistrates Court. It looked at the nature of the allegations, who made them, whether the allegations were supported by evidence, and the response by the other party to these allegations.Many of its findings are in accord with other studies which have also demonstrated that violence is prominent in family law proceedings and that outcomes rarely reflect whether there are allegations of violence or not. Importantly the study reported on the lack of detail and evidence to support many allegations and the difficulty that this creates for the court in determining final orders (or in providing a framework for negotiations). However, rather than suggesting that we need to look at the ways that violence can be better reported and responded to in family law proceedings, the authors instead suggest that we need to differentiate between different kinds of intimate partner violence. This finding does not flow from the data. This article explores the AIFS study by focusing on concerns around differentiation between different kinds of domestic violence, and its connection to debates about definitions and understandings of intimate partner violence.

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http://hdl.handle.net/10453/17398