Incidents v Context: How Does the NSW Protection Order System Understand Intimate Partner Violence?

Wangmann, JM

Incidents v Context: How Does the NSW Protection Order System Understand Intimate Partner Violence?

Wangmann, JM

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Publisher:: Lawbook Co.
Publication Type:: Journal Article
Citation:: Sydney Law Review, 2012, 34 (4), pp. 695 - 719
Issue Date:: 2012-01

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Field	Value	Language
dc.contributor.author	Wangmann, JM https://orcid.org/0000-0002-0812-4214	en_US
dc.date.issued	2012-01	en_US
dc.identifier.citation	Sydney Law Review, 2012, 34 (4), pp. 695 - 719	en_US
dc.identifier.issn	0082-0512	en_US
dc.identifier.uri	http://hdl.handle.net/10453/23345
dc.description.abstract	Civil protection order schemes were introduced in many western countries from the 1970s; in Australia from the 1980s. One of the key drivers for this development was the extensive feminist criticism of the criminal law which revealed that it failed to respond adequately to the particular harm of intimate partner violence (âIPVâ). The nature of IPV as a gendered, repetitive and patterned harm, motivated by control, found a poor fit with the criminal lawâs focus on discrete incidents and its traditional emphasis on visible forms of violence. This article explores whether the New South Wales (NSW) civil protection order system (Apprehended Domestic Violence Orders or âADVOsâ), despite a range of progressive elements, continues to mirror the criminal lawâs narrow understanding of IPV. It does so through a case study on cross-applications in NSW ADVO proceedings. This study reveals that the progressive promise of the ADVO system to look beyond the lens of the criminal law is militated by a range of factors such as: the limited nature of the complaint narrative; the continuing focus in practice on incidents of violence; and the constraints of the court environment.	en_US
dc.publisher	Lawbook Co.	en_US
dc.relation.ispartof	Sydney Law Review	en_US
dc.title	Incidents v Context: How Does the NSW Protection Order System Understand Intimate Partner Violence?	en_US
dc.type	Journal Article
utslib.citation.volume	4	en_US
utslib.citation.volume	34	en_US
utslib.for	1801 Law	en_US
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	true	en_US
pubs.issue	4	en_US
pubs.volume	34	en_US

Abstract:

Civil protection order schemes were introduced in many western countries from the 1970s; in Australia from the 1980s. One of the key drivers for this development was the extensive feminist criticism of the criminal law which revealed that it failed to respond adequately to the particular harm of intimate partner violence (âIPVâ). The nature of IPV as a gendered, repetitive and patterned harm, motivated by control, found a poor fit with the criminal lawâs focus on discrete incidents and its traditional emphasis on visible forms of violence. This article explores whether the New South Wales (NSW) civil protection order system (Apprehended Domestic Violence Orders or âADVOsâ), despite a range of progressive elements, continues to mirror the criminal lawâs narrow understanding of IPV. It does so through a case study on cross-applications in NSW ADVO proceedings. This study reveals that the progressive promise of the ADVO system to look beyond the lens of the criminal law is militated by a range of factors such as: the limited nature of the complaint narrative; the continuing focus in practice on incidents of violence; and the constraints of the court environment.

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http://hdl.handle.net/10453/23345