The use of protection orders in response to adolescent family violence: mapping divergent Australian approaches and the merits of this criminal justice intervention

ABSTRACT

Several Australian state and territory jurisdictions permit parents of adolescents using violence to be listed as affected persons on a family violence protection order (the notable exceptions being Queensland and Tasmania), however, as yet there is minimal understanding of whether this is an effective response to this complex form of family violence. In seeking to address this gap in current knowledge, this paper has two aims. It analyses Australian family violence legislation as it applies to protection orders in cases of adolescent family violence, revealing significant disparity in state and territory legislative frameworks. The article then draws from the findings of a recent Victorian study to provide insight into the use, impact and effectiveness of protection orders in responding to adolescent family violence from the perspective of those experiencing adolescent family violence and those charged with responding to it in service and legal settings. By highlighting the diversity in state and territory responses to adolescent family violence and using the Victorian case to question the efficacy of protection orders, this article contributes to knowledge about criminal justice system responses to adolescent family violence and supports the need for further systematic research about prevalence and effective social and criminal justice responses.

KEY WORDS:

• adolescent family violence
• child offenders
• criminal justice system
• family violence
• intervention orders
• protection orders

Acknowledgements

This research would not have been possible without the generous and courageous participation of the 120 individuals who shared their personal experiences of adolescent family violence via the online survey. We were also grateful to the 45 Victorian experts, service providers, general practitioners and health service providers with experience in responding to adolescent family violence. The original project was funded through the Monash University Faculty of Arts and Faculty of Medicine, Nursing and Health Sciences Interdisciplinary Research Seed Funding Scheme. We were grateful for the opportunity to work with our colleagues in the Monash University Department of General Practice and Department of Social Work – Professor Jan Coles, Deb Western and Heather McKay – in that work, and to Dr Karla Elliott, University of Melbourne, who worked on the original report.

Disclosure statement

No potential conflict of interest was reported by the authors.

Legislation

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

Domestic and Family Violence Act (NT)

Domestic and Family Violence Protection Act 2012 (Qld)

Family Violence Act 2004 (Tas)

Family Violence Act 2016 (ACT)

Family Violence Protection Act 2008 (Vic)

Intervention Orders (Prevention of Abuse) Act 2009 (SA)

Justices Act 1959 (Tas)

Restraining Orders Act 1997 (WA)

ORCID

JaneMaree Maher http://orcid.org/0000-0002-6592-8390

Notes

1 Crimes (Domestic and Personal Violence) Act 2007 (NSW); Domestic and Family Violence Act (NT); Domestic and Family Violence Protection Act 2012 (Qld); Family Violence Act 2004 (Tas); Family Violence Act 2016 (ACT); Family Violence Protection Act 2008 (Vic); Intervention Orders (Prevention of Abuse) Act 2009 (SA); Restraining Orders Act 1997 (WA).

2 See ss 15(1)(a), 5(g), 6(a)(i) and (iii) Crimes (Domestic and Personal Violence) Act 2007 (NSW); ss 28(1)(a), 9(a), 10(1)(b) Domestic and Family Violence Act (NT); ss 34, 8, 11(1)(a)(i) and (iii) Family Violence Act 2016 (ACT); ss 45(b), 4, 8(c), 10(1)(a)(i) and (iii) Family Violence Protection Act 2008 (Vic); ss 8(8)(d)-(h) Intervention Orders (Prevention of Abuse) Act 2009 (SA); ss 4(1)(c)–(e) Restraining Orders Act 1997 (WA).

Additional information

Funding

The original project was funded by a Monash University Faculty of Arts and Faculty of Medicine, Nursing and Health Sciences Interdisciplinary Research Seed Funding Scheme.