A ‘double edged sword’: discretion and compulsion in policing domestic violence

This paper is derived from an Australian Research Council Grant, LP 0776573, Researching the Victorian Family Violence Reform (SAFER).

Abstract

Policing domestic violence is a complex area in which there are divergent views about the extent to which front line police action should be mandated by legislation and guidance. This study set in Victoria, Australia raised questions about the balance between discretion and compulsion in policing domestic violence through researching the implementation of the Code of Practice used to respond to domestic violence incidents. The project team interrogated aggregate data from the police database on family violence and also interviewed 125 police members (60 sergeants and 65 constables) to explore the attitudes to the Code of Practice and policing domestic violence. The findings reveal that discretion within a range of options is circumscribed. Variable understandings of the nature of domestic violence and the role of risk assessment and management suggest that constrained and guided discretion may be required to achieve optimum effectiveness in policing responses to domestic violence.

Keywords:

• Domestic violence
• policing
• discretion
• compulsion
• intervention orders
• intimate partner violence

Notes

This paper is derived from an Australian Research Council Grant, LP 0776573, Researching the Victorian Family Violence Reform (SAFER).

1. ‘Family violence’ is the preferred terminology used in Victoria to respect the preferences of Aboriginal people in recognition that violence may be perpetrated in broader kin relationships. However, in writing for an international audience, the term ‘domestic violence’ is used as the established terminology for a gendered understanding of the patterns of violence.

2. A third edition of the Code was issued in 2014.

3. An informal referral provides the victim or the perpetrator with basic information on where s/he might go to gain help, while formal referrals require police to make the referral to the appropriate organisation on behalf of either party or their children.

4. The research team would like to acknowledge the funding and in-kind support provided by Victoria Police and the Australian Research Council.

5. Respondents could make multiple responses and so percentages add up to more than 100%.