Accurately identifying the ‘person most in need of protection’ in domestic and family violence law
November 2020
This in-house project was conducted by ANROWS. It aimed to support the effective identification of the “person most in need of protection” in cases where there is some ambiguity about who perpetrated domestic violence and abuse.
The research responded to a recommendation of the Queensland Domestic Violence Death Review and Advisory Board in its 2016-17 Annual Report. The Advisory Board reported that in just under half (44.4%) of all cases of female deaths subject to the review, the woman had been identified as a respondent to a domestic and family violence (DFV) protection order on at least one occasion.
Further, in nearly all of the DFV-related deaths of Aboriginal people, the deceased had been recorded as both respondent and aggrieved prior to their death (p. 82).
The Board’s report recommended research to identify how best to respond to the person most in need of protection where there are mutual allegations of violence and abuse (Recommendation 16).
Responding to that recommendation, the research used a mixed methods approach. This included a national analysis of statistical data (domestic violence order applications, police-issued orders and related criminal charges) and a national desktop review of existing legislative and police requirements and guidance on identifying the DFV victim or perpetrator. The project also involved an in-depth case study of Queensland as a state that has already incorporated the concept of the person most in need of protection into legislation.
The final report emphasises the need for improved guidance for police on identifying patterns of coercive control, and guidance for magistrates on how and when they can dismiss inappropriate applications and/or orders. It recommends clarifying processes of decision-making and accountability between police and the courts as a way of addressing the current ambiguity surrounding responsibility for the determination of the person most in need of protection.
Researchers
Project lead
Dr Heather Nancarrow, CEO, ANROWS
Project support
Kate Thomas, Senior Research Officer
Dr Valerie Ringland, Senior Research Officer, ANROWS
Tanya Modini, Senior Research Officer, ANROWS
Research partners
ANROWS partnered with Sisters Inside to facilitate engagement with and support for women with lived experience of criminalisation in the context of misidentification of domestic and family violence aggrieved and respondents. A project reference group consisting of experts with relevant expertise assisted in providing national context for the findings from the research.
Downloads
RESEARCH REPORT
Accurately identifying the “person most in need of protection” in domestic and family violence law
Download
RESEARCH SUMMARY
Accurately identifying the “person most in need of protection” in domestic and family violence law: Key findings and future directions
Downloadsee also
MEDIA RELEASE
Study highlights gap between intentions and outcomes of domestic violence law and strategies for systems reform
View morePresentations
Accurately identifying the person most in need of protection
This webinar launches the research ‘Accurately identifying “the person most in need of protection” in domestic and family violence law’. The research report focuses on the gap between the intent of the law and its application, factors that contribute to women being misidentified as perpetrators of DFV, and areas for improvement through procedural guidance and professional development for police and courts.
Presenters:
- Dr Heather Nancarrow, CEO ANROWS & lead author of the report
- His Honour Terry Ryan, State Coroner and Chair, Queensland Domestic and Family Violence Death Review and Advisory Board
- Inspector Ben Martain, Manager, State Domestic, Family Violence and Vulnerable Persons Unit, Queensland Police Service
- His Honour Colin Strofield, Magistrate, Brisbane Magistrates Court
Facilitated by: Ms Sam Mostyn, Chair of the ANROWS Board
Budget
$190,000
Funded by Australian Commonwealth, state and territory governments under ANROWS’s 2017 core grant round.