JOURNAL
Are you really okay? An easier and more effective solution for obtaining protection orders / by Genevieve Coleman
- Date
- Sep 2017
- By
- Coleman, Genevieve, INNZNA
- Description
Focuses on the scarcely used s 12 of the Domestic Violence Act 1995 and its role in providing an alternative pathway to seeking a protection order, whereby victims have a representative appointed to complete the application for a protection order on their behalf. Sets out the introduction of the Domestic Violence Act and where it falls short in protecting victims. Looks to the Parliamentary rationale for the inclusion of s 12 and compares the intended and actual operation of the section. Considers societal and socio-economic effects on autonomy and their links with domestic violence before settling on a care-based approach to domestic violence law, which attempts to balance the autonomy and paternalism contentions. Settles on a solid reform proposal for s 12 which suggests the role of a protection order delegate be specifically provided for to provide resources and assistance that combat many fears and concerns held by victims that would otherwise prevent them from reporting violence. Suggests that the prescription of a delegate could be inserted into the proposed new s 12 contained in the Family and Whānau Violence Legislation Bill 2017 to improve the treatment of domestic violence victims.
- Additional description
Includes notes; pagination obtained from print version
Includes links to related electronic resources
Archived by the National Library of New Zealand
Audience: Research
- Source
- New Zealand family law journal, Sep 2017; v.9 n.3:p.33-43; issn:
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