The Decriminalisation of Domestic Violence: Examining the Interaction between the Criminal Law and Domestic Violence

12 Pages Posted: 13 Sep 2007

See all articles by Heather Douglas

Heather Douglas

The University of Queensland - TC Beirne School of Law

Lee C. Godden

University of Melbourne - Law School

Abstract

The article examines the interaction of the Queensland Criminal Code with the Queensland Domestic Violence legislation and finds that domestic violence is rarely recognised as criminal behaviour and is generally dealt with outside the boundaries of the criminal law. The article illustrates this position by reference to an examination of Brisbane Magistrates' Court files relating to applications for Domestic Violence Orders during 2001, and a discussion of interviews with Queensland domestic violence support workers. Although successful applications for, and prosecuted breaches of, Domestic Violence Orders increase with each passing year, the domestic assaults and property damage associated with these breaches are rarely prosecuted as criminal offences. This article finds that the criminal law continues to fail to deal effectively with many aspects of domestic violence.

Keywords: Domestic violence, criminal law

Suggested Citation

Douglas, Heather and Godden, Lee C., The Decriminalisation of Domestic Violence: Examining the Interaction between the Criminal Law and Domestic Violence. Criminal Law Journal, Vol. 27, No. 1, pp. 32-43, 2003; University of Queensland TC Beirne School of Law Research Paper No. 07-15; U of Melbourne Legal Studies Research Paper No. 263. Available at SSRN: https://ssrn.com/abstract=1014282

Heather Douglas (Contact Author)

The University of Queensland - TC Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Lee C. Godden

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
519
Abstract Views
2,438
rank
56,996
PlumX Metrics