Web resource:	http://sydney.edu.au/law/slr/slr30_3/Douglas.pdf
Type:	Journal Article
Title:	The criminal law’s response to domestic violence: what’s going on?
Other Titles:	The Sydney law review
Authors:	Douglas, Heather
Keywords:	Criminal justice responses;Stalking;Protection orders;Legal issues
Year:	2008
Publisher:	Faculty of Law
Citation:	30 (3), 2008
Notes:	Scholars and activists have long campaigned for domestic violence to be recognised as criminal offending, however, at the same time, they have also consistently warned that a risk of criminalisation is that it inflicts further harm to women. This article draws on a study of criminal prosecutions of breaches of domestic violence protection orders in Queensland, Australia and explores the process of criminal intervention in the context of domestic violence. The Queensland data discussed in this article demonstrates that the process involved in prosecuting a criminal breach often involves a minimisation of the harm inflicted on women by perpetrators, police and magistrates, a ruthless contest about the facts and numerous court appearances before resolution. Prosecutions of breaches of protection orders often result in no conviction being recorded or in trivialising fines. In conclusion, this article explores whether there are shifts and changes that can be made in this area of criminal law so that it better embraces the three principles of justice that have been identified by Barbara Hudson: discursiveness, relationalism and reflectiveness. [? The University of Sydney 2002-2009. For further information, visit Sydney Law Review.]
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/17060
ISSN:	0082-0512
Appears in Collections:	Journal Articles

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