Strangulation, Domestic Violence and the Legal Response

H Douglas, R Fitzgerald, 'Strangulation, Domestic Violence and the Legal Response' (2014) 36 (2) The Sydney Law Review 231

University of Queensland TC Beirne School of Law Research Paper No. 14-14

25 Pages Posted: 19 Jul 2014  

Heather Douglas

The University of Queensland - TC Beirne School of Law

Robin B. Fitzgerald

University of Queensland - School of Social Work and Applied Human Sciences

Date Written: 2014

Abstract

In risk assessment tools used by domestic violence workers and police, strangulation, short of causing death, is considered a 'red flag' for future serious abuse and fatality. This article discusses the risks and concerns associated with non-fatal strangulation and examines current legal responses to it in Australia, the United States and Canada. Drawing on a study of court files involving domestic violence protection orders, the authors consider how strangulation allegations made by those applying for protection orders are responded to by police and courts in Queensland. The authors conclude with a reflection on current policy and legislative approaches to non-fatal strangulation in Australia and make suggestions for law reform.

Suggested Citation

Douglas, Heather and Fitzgerald, Robin B., Strangulation, Domestic Violence and the Legal Response (2014). H Douglas, R Fitzgerald, 'Strangulation, Domestic Violence and the Legal Response' (2014) 36 (2) The Sydney Law Review 231; University of Queensland TC Beirne School of Law Research Paper No. 14-14. Available at SSRN: https://ssrn.com/abstract=2467941

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

Robin B. Fitzgerald

University of Queensland - School of Social Work and Applied Human Sciences ( email )

Australia

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