family violence – Michmutters
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Australia

Work on national approach to coercive control to begin at attorneys-general meeting in Melbourne

State and territory attorneys-general are to meet with federal Attorney-General Mark Dreyfus on Friday to debate whether to criminalize coercive control across the nation.

Coercive control — a form of domestic and family violence — refers to patterns of abusive behaviors used by one person to dominate and control another in a relationship, which can leave victims feeling powerless, isolated and a hostage in their own home.

Families of those victims and case workers have welcomed the federal government’s push for a national understanding of the term.

States and territories are at different stages of considering whether to criminalize coercive control in their own jurisdictions.

Mr Dreyfus said Friday’s meeting of the nation’s first law officers in Melbourne would see the first steps towards a nationally consistent approach.

“We know from early research that coercive control is an extremely common feature of abusive relationships, but it is not always well understood across the community,” Mr Dreyfus told the ABC.

“There are some differences [between jurisdictions]which is why reaching agreement — at least at a draft level — on what are national principles to address coercive control, is a really good step forward.”

Queensland and New South Wales have already moved to criminalize coercive control, while Victoria and Tasmania say existing laws cover the offences.

Other states have expressed in-principle support for new laws or a nationally consistent approach.

Mr Dreyfus said having a national consensus would lead to a higher level of understanding and the possibility of remaining jurisdictions criminalizing the behaviours.

Attorney-General Mark Dreyfus speaks to the media.
Attorney-General Mark Dreyfus wants a national consistency approach. (AAP: Lukas Coch/File)

“We are hoping that, at [Friday’s] meeting, we are going to be able to approve for release national principles to address coercive control and we think that will help get to a coordinated national approach,” he said.

“It won’t necessarily be that every state will get to criminalizing this behaviour, but if we can get to a much wider understanding in the community of what this is, that will help our ultimate aim of keeping women and children safe.”

National push welcomed by father of domestic violence victim

The move towards a national framework has been welcomed by the father of Hannah Clarke, who was murdered, along with her three children, by her estranged husband.

Lloyd Clarke said he always knew something was wrong, but wasn’t familiar with the term coercive control at the time.

“There were no physical marks but we knew there were mental marks,” Mr Clarke said.

Hannah Clarke with Aaliyah and Laianah at the beach
Hannah Clarke and her children were murdered by her estranged husband in 2020. (Supplied: Lloyd Clarke)

“He was trying to control her mentally. Wanting to know where she was, even asking the children.”

When he was subsequently told this amounted to coercive control, Mr Clarke and his wife, Sue, launched a campaign for Queensland to criminalize the behaviour.

“We thought, ‘Well, we didn’t know about it so there must be a lot of people out there who don’t know about coercive control and we need to educate people on that’,” Mr Clarke told the ABC.

After the Clarke family’s campaign, Queensland committed to criminalizing coercive behavior with a pledge to have laws in place by 2023.

Mr Clarke said he was “ecstatic” to hear that state and territory attorneys-general were willing to work together on the issue.

“It’s another step ahead of our [state-based] campaign and that’s great,” Mr Clarke said.

Coercive control often hard to provide to authorities, counselor says

Kirrilly Salvestro — a domestic violence counselor working in western New South Wales — said a national approach would improve clarity between states.

However, she said, providing evidence of coercive behavior was notoriously difficult, particularly in states that are looking to criminalize and punish the behaviour.

“For example, isolation from friends and family: How do you prove that to authorities?” Ms Salvestro said.

“How do you prove that your partner may have been monitoring your activity unless you have a way to prove that they have been bugging your phone or putting trackers on your vehicles?”

Ms Salvestro — who is deputy chief executive officer of the Linking Communities Network — said it was important for any national definition to reflect the scale of the damage caused.

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“In any discussion, we need to make sure that we get it right the first time,” Ms Salvestro said.

“[We need] to include everything that needs to be encompassed and the recognition that children are involved in coercive control as well, all that needs to be included.”

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Australia

Family and domestic violence is the ‘wicked social problem’ a university course is aiming to address

Grace* did not know, or perhaps did not want to admit, she was in an abusive relationship until her husband became physically violent.

When he did, it was a catalyst for her to leave, but not right away.

“I even talked police out of laying charges against him in the early stages of it,” said Grace, whose name has been changed to protect her identity.

“I’d put it down to [his] mental health in all honesty, it’s only later after much study that I have a much better understanding that, that was purely an excuse for a lot of it.”

It took a further three years before Grace accessed support services, which for her in Victoria was an organization called The Orange Door.

“I think twice I went and sat in the car outside [The Orange Door] and I went, ‘nah I can’t do it, can’t go in’,” she said, a slight tremble cracking through her otherwise steady voice.

“Just because I couldn’t … I didn’t want to tell my story.

“I didn’t want to be honest about the things that I had put up with and what I’d gone through because in my head I was going, ‘well why didn’t I leave earlier?’

“‘Who would go through that? No-one in their sane mind’ was what my narrative was.”

Shame, fear and dependency

The feeling of shame overwhelming Grace as she sat in her car that day is not uncommon among victim-survivors of family and domestic violence (FDV).

According to a number of professionals who work in the field, it is one of the common misconceptions about FDV that can have far reaching and devastating consequences for those who are already at their most vulnerable.

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Michael Flood is an associate professor at Queensland University of Technology (QUT) whose work in the school of justice includes dispelling some of the most common and persistent misconceptions about FDV.

“There are very understandable reasons why women might stay with a partner who is being abusive towards them,” he said.

“Their fear, their commitment to the relationship, their concerns about harm to the children, their lack of alternative sources of housing and income, their dependency, their social isolation, many of which are deliberately engineered by perpetrators.”

A ‘wicked’ social problem

As part of his work in the FDV field, Dr Flood is responsible for QUT’s graduate certificate in domestic violence responses.

When it began in 2016, the online course was the only one of its kind in Australia, but Dr Flood said he knows of at least five other professional qualifications in domestic and family violence now being offered at universities.

Michael Flood wears a purple jumper and a serious expression in an outdoor setting
Associate professor Michael Flood believes cultural change is necessary to prevent domestic violence.(Supplied)

“We’re dealing with a wicked social problem, a complex and pervasive social problem,” he said.

“We need skills and training for the people who will come into contact with that problem.

“Certainly, recent stories from the Queensland Police and elsewhere tell us that police, too, may not be very skilled at responding to these issues.

“I think a key learning from some of the most recent inquiries is that a whole lot more training and education, if not culture change, is necessary in our police services, and in some of the other services that respond or should respond to victim- survivors and perpetrators.”

Police responses questioned

Police responses to FDV have been under an increased — and public — level of scrutiny as of late, especially in Queensland.

The inquest into the murders of Hannah Clarke and her three children at the hands of their father and her estranged husband was followed by another into the killing of Doreen Langham by her ex-partner.

There is also an ongoing inquiry into how Queensland Police respond to FDV matters – all of it highlighting significant areas of concern and leading to calls for more thorough face-to-face, and ongoing training for police across the country.

Hannah Clarke, and her three children, Aaliyah, Laianah and Trey.
The murders of Hannah Clarke and her three children, Aaliyah, Laianah and Trey have led to calls for better police training in handling family violence.(Supplied: AAP/Department of Justice)

A recent government report identified WA as having the highest overall rate of family and domestic violence related assault in the country.

“Este [Hannah Clarke] inquest and other recent reports on family violence are being reviewed for their applicability to WA Police Force policy and practices,” a spokesman for the state’s Police Minister, Paul Papalia, wrote in a statement.

Police jurisdictions across the country are reporting that FDV call outs make up a significant proportion of their work, with many turning to improved officer training to try to better address the issue.

The QUT course, which attracts students from professions including social work, law, psychology, and law enforcement, looks at how disadvantage and privilege contribute to domestic violence and how to respond effectively to it.

Dr Flood said it was a complex issue, and one that was not only about physical violence.

“Domestic violence is as much about a kind of daily dripping tap of abuse, of control and so on, that may not be particularly physical, it may involve only threats of violence or a perpetrator, in very subtle or sneaky ways, reminding the victim of the possibility of them using violence,” he said.

The situation is compounded when children are present.

“We know very well now that whenever there are children in a household where there’s domestic violence, they are deeply affected by that violence, affected just as much by witnessing or being around that violence as if they are being assaulted themselves,” he said.

Dr Flood said about 40 students completed the course each year, about 87 per cent of whom were women.

He would like to see more men enter the FDV response and prevention workforce.

Police officer sees hope

Patrick Hayes has been with Victoria Police for 22 years, becoming a family violence liaison officer two years ago, and is also a facilitator for QUT’s graduate certificate in domestic violence responses.

When it comes to the track record of police in dealing with FDV, Sergeant Hayes holds few punches.

A police officer in uniform standing with one hand on the bonnet of his police car.
Sergeant Patrick Hayes says improvements are being made in the way agencies work together to combat family violence.(Supplied)

“Has there been mistakes made in the past? Absolutely. There’s no denying that at all,” he said.

“What’s encouraging is that we’re recognizing this, and we’ve started to work more collaboratively. We are making headway.”

Restraining order ‘just a piece of paper’

On her third attempt, Grace finally found the courage to get out of her car and enter The Orange Door for support.

She is now working in the area of ​​FDV case management while undertaking the QUT course, which she describes as having “confronting content”.

When it comes to her own experiences and her own trauma, Grace said her journey was ongoing.

A silhouette of an anonymous woman
Grace says she feels let down by the judicial system, which fails to make her feel safe.(Unsplash: Erick Zajac)

After her ex-husband was found guilty of numerous breaches of a violence restraining order, she has now been granted a rare long-lasting order against him, which runs for 40 years.

But she feels the judicial system is letting victim-survivors down.

The consequences faced by her ex-husband for multiple breaches appear to her to be no more than verbal reprimands and ends he will never pay off.

She said the court’s actions had made her feel more unsafe.

“Just by not holding breaching accountable, there’s no deterrent. At the end of the day … it’s just a piece of paper,” Grace said.

Living invisibly

And while Grace rates her own interactions with police as positive overall, there is one aspect she still struggles to come to terms with.

She was told by police she needed to change her phone number, move house and protect her address and her place of work so she would be ‘safe’.

“I think the onus of that needs to be taken away from a victim-survivor and placed at the perpetrator’s feet,” she said.

A blurred, dark photo of a child holding her hand up behind a glass screen.
Garace says survivors should not bear responsibility for the actions of perpetrators.(abcnews)

“It’s not my responsibility to make someone else toe the line or behave responsibly, but that’s exactly what I was told.

“And I did try and live invisibly for a lot of years… it’s not an easy way to recover when you’re trying to be invisible.

“Practically, it’s sound advice — it’s just something I shouldn’t have to do.”

Dr Flood agrees.

“Whether they take place in schools or in sporting context or in the community, we need to shift the attitudes, the behaviours, inequalities that feed into domestic and family violence in the first place,” he said.

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Australia

Assistant Commissioner tells of ‘significant’ cultural issues within Queensland police force impacting domestic violence response

There are “significant” cultural issues within the Queensland Police Service (QPS) affecting how officers respond to domestic violence, the state’s most senior officer in charge of domestic violence investigations has told an inquiry.

The commission of inquiry, which began on May 30, is examining the police response to domestic and family violence cases.

Headed by Judge Deborah Richards, it is also probing the over-representation of Indigenous people in the criminal justice system and the way corrupt conduct and complaints against police are handled.

The inquiry heard today from Assistant Police Commissioner Brian Codd, the head of the state’s domestic violence and vulnerable persons command, who gave his take on the evidence heard in the public hearings so far.

Counsel assisting the commission Ruth O’Gorman said the issues raised included officers avoiding DV call-outs, showing “disinterest” when attending call-outs, conducting “insufficient investigations” and misidentification of the victims and perpetrators.

“There are significant issues of police culture at play here that need to be addressed,” Assistant Commissioner Codd told the inquiry.

“We may have some members, albeit I hope very few, who do have some deeply misogynistic attitudes”

“I do accept that there are significant areas of concern that have been raised… that certainly will require us to look… beyond just isolated incidents.”

‘Pockets of issues’ around police culture

Assistant Commissioner Codd said he accepted “the majority” of evidence given relating to police culture was “unchallenged”.

“There’s very clearly in my view … pockets of issues of poor performance … behaviors and attitudes across our organization — aspects of culture that are impacting on our performance of our duty in DV,” Assistant Commissioner Codd told the inquiry.

“I certainly accept that the evidence provided has highlighted a range of concerning aspects of culture.

“It’s far from, in my humble opinion, the majority.

“But that doesn’t matter to a point, because whilst there’s still victims and people who need our help … [there’s a need for] focus and improvement.

“I do accept that there are significant areas of concern … that certainly will require us to look beyond just isolated incidents. There’s been too many consistencies in too many places.”

A policeman knocks on a front door while his partner checks a clipboard
The inquiry heard inexperience, lack of training and officer burnout were contributing to poor police culture.(AAP: Dan Peled)

However, Assistant Commissioner Codd told the inquiry he did not believe cultural issues were “widespread” or “systemic” within the Queensland Police Service (QPS).

“I’d avoid the term ‘systemic’ because that suggests it’s absolutely through every part of our organization,” he said.

“I guess the observation I’d like to make though is the term about ‘widespread’ or ‘endemic’ that’s tied to it.

“I’m wary that almost every one of the witnesses, or certainly a number [of them,] …also made the point that it wasn’t their experience with every officer.”

He told the inquiry “a range of complex factors” were contributing to issues with police culture, including inexperience, lack of training and officer burnout.

Strangulation cases more than double in five years

Assistant Commissioner Codd also told the inquiry domestic violence strangulation had “progressively increased” from 1,060 reported occurrences in the 2016/2017 financial year to 2,145 in 2022/2023, according to QPS data.

He said domestic violence reports had also climbed from 89,458 in the 2016/2017 financial year to 138,551 in 2022/2023.

The inquiry heard breaches of domestic violence orders (DVOs) were another area of ​​concern, increasing from 25,771 in the 2016/2017 financial year to 46,601 in 2022/2023.

“There’s been a significant increase there but, by the same token, it is perhaps a measure of us being better at identifying them,” he told the inquiry.

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Business

Horror rise in Queensland men threatening to burn their partners alive revealed

Domestic and family violence perpetrators in Queensland are increasingly threatening to set their current and former partners alight, a new study has found, with cases spiking after the horrific 2020 murders of Hannah Clarke and her children.

The report, co-authored by UQ TC Beirne School of Law senior lecturer Joseph Lelliott and associate lecturer Rebecca Wallis, details testimonies from seven non-government domestic and family violence service providers in the state’s southeast.

Direct and implicit threats of dousing are a form of coercive control that has not been formally studied before.

But they are on the rise: one participant told the survey of 17 workers last year that abusers sent the stories of Clarke – whose three children were burned alive in their car in February 2020 by her estranged husband – and Kelly Wilkinson – who was set alight in her Gold Coast backyard last April – to their partners as a means of telling them, “That’s what I’ll do to you”.

“Anecdotally, there have been cases where perpetrators have directly referenced the cases of Hannah Clarke or Kelly Wilkinson when they make threats, saying, ‘You’re going to end up just like her’, or saying something along the lines of, ‘That’s what you’ll get’ if news about them comes on,” Dr Lelliott told news.com.au.

“It appears that media reports about these cases, and ones like them, may lead to ‘copycat’-like behaviour, but may also be used as a tool of abuse themselves.

“Some interview respondents noted that perpetrators may also, for example, leave print outs of news stories concerning Hannah Clarke and the children around the house, or send them to ex-partners.”

The majority of participants in the study reported that cases of dousing threats within their services had become more prevalent over the past two or so years. And while no empirical measures exist yet, reasons may include an increased awareness among workers, and an increased fear among victims that such threats could be part of a pattern of escalating violence leading to murder.

“People are far more aware of it and that’s why there are so many more women, I think, talking about it,” one worker noted.

“Because now they’re really fearful and they’ve seen the consequences of that kind of threat being carried out.”

Another stated that they “see a really high prevalence of these kinds of threats, absolutely”.

“Different kinds of levels, different kinds of threats, but we do,” they added.

“So what we see most commonly are threats to burn the house down, threats to burn family and friend’s houses down, that sort of thing.”

“I actually have supported a woman whose respondent actually doused himself in petrol and threatened to burn himself at their family home where their children slept. Basically, yeah, well, it scared the hell out of her anyway,” one worker said.

“So, he did not actually burn himself because she managed to call triple-zero straight away. [But] the impact on her was really profound, because the smell of the petrol lingered for months.

“The location where he didused himself was actually close to the gas tank. So, he could have just killed everyone.”

What makes these threats – both implied and explicit – particularly “insidious”, Dr Lelliott and Dr Wallis noted in their findings, is that these “behaviours could be perceived as innocuous without an understanding of the broader context of the relationship”, but “almost always” occur in the context of an escalating pattern of “serious” domestic and family violence.

“I’m finding that it’s one of many elements. It’s not ever a stand-alone,” one worker said.

“Like they don’t just threaten to burn the house down or burn somebody – most of the time it’s because there is a domestic violence order (DVO), the client has left the relationship so there’s an escalation in the violence, and therefore it does escalate to the threats of burning either the house down, themselves or the client and the children.

“But usually there’s a lot that’s happened before it actually escalates to that point.”

Another, echoing the sentiment, noted the threats are “almost always just after separation”.

“So it’s about that not accepting that the relationship is over, and going into revenge and retaliation mode,” they added.

Their severity is also amplified by the accessibility of accelerants like petrol which, unlike the purchase of a firearm, are seen as “normal” household items.

Dr Lelliott told news.com.au that the prevalence of the study’s findings indicate “that there does need to be greater awareness of dousing threats – and indeed the use of fire generally – as a form of domestic and family violence and as a pattern of coercive control”.

“Some of our findings indicate that the severity of these threats is not always recognised, particularly by police,” he said.

“This work is, of course, preliminary at this point. We will release further papers in the future.”

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