VROs..Worth the paper they are written on?

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Thread starter #1
http://www.findlaw.com.au/news/default.asp?task=read&id=22013&site=LE

New Laws on Domestic Violence in WA
New Western Australian laws will increase the penalties for perpetrators of domestic violence and provide greater protection for women and children living in abusive relationships.

The laws were due to pass through State Parliament on Tuesday and will enter into force on 1 December.

Attorney General Jim Mr McGinty said the new laws took on the best aspects of legislation from other parts of Australia and around the world and added new elements to establish what would be the toughest approach to domestic violence in the country.

The major reforms include the introduction of interim restraining orders, giving police attending violent domestic disputes the power to issue on-the-spot restraining orders lasting 24-hours without the consent of the victim to immediately remove violent offenders from the home.

Police will also be able to issue restraining orders lasting 72 hours with the consent of the victim. Such interim restraining orders can be varied or cancelled.

In addition, police and welfare officers will be allowed to apply for restraining orders to protect children from 'exposure' to domestic violence - such as seeing a parent continually bashed - even if the child is not directly at risk of physical injury.

The right of offenders to claim their victim gave 'consent' as a defence to breaching a violence restraining order will be removed.

In extreme cases, courts will now be able to grant life-long restraining orders.

Among the increased penalties, violent offences committed within a domestic relationship or in front of children will now be considered a circumstance of aggravation and attract a penalty of 14 years, up from 10 years.

Penalties for breaching a violence restraining order will be increased from 18 months to 2 years' jail term. Courts will also be able to impose fines of up to $6,000 on top of a jail term.

Other provisions define stalking and on-going intimidation or emotional abuse as forms of domestic violence.

Mr McGinty said the new laws would tackle the serious problem of domestic violence.

"The shocking truth is that on average, 20 people are murdered every year in Western Australia as a result of family and domestic violence," he said.

"That is almost 40 per cent of the total number of homicides in the State."

Seven WA women and a child have already died this year at the hands of a spouse, partner or father.

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Since this was written on October 21 2004 a further 2 people have died in WA in related DV issues.. A male suicided after shooting his Father-in-Law (who lived) and a female had her throat slit by her ex husband and was found dead by her 18 year old son. Both of these ex partners had VROs taken out against them and in the case of the male his guns were taken away, but in a bizarre(IMO) event they were returned to him under a deal brokered by both lawyers as an act of good faith by the ex wife.

Are Violence Restraining Orders (VROs) worth the paper they are written on? Do those affected by them feel truly safe? Do the people on whom the VROs are issued against care? I know there are vindictive people who will take a VRO on the basis someone yelled at them. But is there a better system? Do we need to clog our jails and courts up with people who just cant get along? Do we need to instigate counselling sessions as part of having a VRO lifted or even as part of the requirements of been summonsed with a VRO?

Let me be sexist here (but as many are women I feel I can) ..My mother worked with female Domestic Violence Sufferers( I wont call them victims as they chose to stay) and time and time again I asked my mum ''why dont they just leave''? Is love that overpowering? Is a persons self esteem so low they think they deserve it? Is the situation you left better than the one you are in now? And all my mum could say was ''they stay because they have nowhere else to go and that is where I come in''

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Sounds like a lot of political point scoring with no real benefit. Simply when a decision is made to kill someone in a domestic violence situation, they don't even take into consideration the fact they are going to be done for murder, so they are hardly likely to be put off by a VRO.

I don't know what the answer is, but I wouldn't have the gumption to announce that I had the answer unless I really did think I had the answer, something that obviously doesn't concern the pollies. Still I'd be interested in seeing what the general violence stats are post the new laws.
 
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