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
12 Pages Posted: 13 Sep 2007
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: Suggested Citation