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annotated bibliography of new zealand research into family violence

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pr<strong>of</strong>essionals involved; however, they did encounter delays and problems with interagencycollaboration, support, control and provision <strong>of</strong> information. The paper suggests that people’sperceptions <strong>of</strong> the investigation process could be enhanced with time management tominimise delays, interagency collaboration, sensitive interactions and adequate provision <strong>of</strong>information and support.Davis, W. (2004). Gender bias, fathers’ rights, domestic <strong>violence</strong> and the Family Court. ButterworthsFamily Law Journal, 4(12), 299-312.See: www.nzfvc.org.nz/13018.pubTopic Areas: Intimate partner abuse, Women, Perpetrators/<strong>of</strong>fenders, Victims/survivors,Justice, Protection orders, Care and contact, Legislation, Gender, Policy, Prevention/intervention/treatmentAbstract: This article examines the accusations <strong>of</strong> gender bias in the Family Court in NewZealand. In the 1990s, the most common claim was a gender bias against women; however,more recently the focus has shifted and accusations <strong>of</strong> a gender bias in favour <strong>of</strong> women havebeen increasing in volume. It is claimed that it is too easy for women to attain protectionorders; that women gain these orders so as to acquire tactical advantages in custody disputes,and that large numbers <strong>of</strong> fathers are being deprived <strong>of</strong> contact with their children. Theseclaims have achieved credibility in the courts despite a lack <strong>of</strong> quantitative or qualitative<strong>research</strong> to support them. The author points out that the easy acceptance <strong>of</strong> fathers’ rightsdiscourse, despite a lack <strong>of</strong> evidence to back up claims, indicates that a traditional bias againstwomen within the justice system is still operating.The introduction <strong>of</strong> the Domestic Violence Act (1995) was to clarify the definition <strong>of</strong>domestic <strong>violence</strong>, and to regulate Judges’ scope as to their decision-making. The authorhighlights that contrary to some claims, it has recently become much harder to obtain aprotection order without notice, and in fact, a greater proportion <strong>of</strong> protection orders appliedfor without notice are being put on notice by the courts. As for whether women are usingprotection orders strategically, Judges have been quoted as saying they find this happening;however, the Law Commission found no evidence <strong>of</strong> this and neither did the Ministry <strong>of</strong>Justice in their <strong>research</strong> <strong>into</strong> the accusations. In addressing whether the legislation destroysrelationships between parents and children, the author argues that a continued relationshipwith a violent parent has costs for the child. The article concludes that fathers’ rights groupshave influenced the attitudes <strong>of</strong> Family Courts quite strongly, and they have done so withoutevidence upon which to base their claims. It recommends that whilst courts and legislationneed to change with society, the changes should not be based on one particular interestgroup’s opinions.Dawkins, K. (2001). Criminal law. New Zealand Law Review, (3), 317-355.See: www.nzfvc.org.nz/12985.pubTopic Areas: Intimate partner abuse, Justice, LegislationAbstract: This article explores various legislative Acts and amendments to them. Ofparticular interest to the field <strong>of</strong> <strong>family</strong> <strong>violence</strong> is the section "Compulsion by Threats andDuress <strong>of</strong> Circumstances". This discusses the relationship between the statutory defence <strong>of</strong>‘compulsion by threats’, under s24 <strong>of</strong> the Crimes Act (1961), and the common law defence <strong>of</strong>‘duress <strong>of</strong> circumstance’. This is when an individual who is being abused by a partner feelscompelled to commit a crime because they are being threatened by their abusive partner.However, when the individual commits the crime, the abusive partner is not present.44

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