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Home / New Zealand

Abusers wag corrective lessons

20 Aug, 2000 08:02 PM3 mins to read

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Considerably fewer than half of the abusers who are required under the Domestic Violence Act to attend Stop Violence programmes manage to complete their courses.

Justice Minister Phil Goff said the rate was unacceptable and prosecutions of those people would be stepped up.

He was commenting on a report released yesterday that was based on a two-year study into the legislation. This showed that only 36 per cent of those offenders referred to the programmes actually finished them.

"More emphasis is now being placed on pursuing prosecution in cases of non-attendance at programmes," Mr Goff said.

The research pointed to a low take-up of the free programmes for victims and their children, and more work would be done to improve that, he said.

There was also room to improve the speed with which protection orders could be put in place, although 90 per cent of cases were assigned a defended hearing date within the required 42 days.

The study identified cost as the biggest barrier to accessing the protection provisions of the act, especially for those on low incomes who could not access legal aid, or for women in partnerships where their partner controlled the finances.

Fear of repercussions also put people off, as did a lack of knowledge about the availability of protection orders.

The study said the aim of making access to the court as "speedy, inexpensive and simple as is consistent with justice" suggested people could apply under the act without the help of a lawyer, but that rarely happened.

In 1998, an estimated 96 per cent of all applications were made through lawyers, and research also suggested that those who approached the court were almost always advised to consult a lawyer.

The study said that in one city the cost of getting an undefended order was estimated to be between $800 and $1200. A defended order could cost $2000 to $3000.

Statistics for the period from July 1 to September 30, 1998, showed 82 per cent of applicants cited physical abuse, and 78 per cent psychological abuse, as reasons for seeking such an order.

Women made up 92 per cent of applicants, 62 per cent were aged between 25 and 44, and 19 per cent were aged between 17 and 24. Just over a quarter of applicants were Maori.

Under the Domestic Violence Act, victims can seek protection orders with non-violence and non-contact conditions. People can also be required to attend programmes to address their violence. Free education programmes are available to protected people and their children.

The study, based on national surveys of people who work in the area, court files and interviews, found "overwhelming" support from victims, abusers, lawyers, court staff and judges.

Since the act came into force in 1995, 28,755 applications for protection have been dealt with by the Family Court. That had resulted in 42,959 children being protected by the act, 44 per cent of whom were under the age of five.

- NZPA

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