The Development and Impact of the Domestic Protection Act 1982

Abstract

The Domestic Protection Act 1982 came into force in March 1983, and its objective was to mitigate the effects of domestic violence and to confer protection from molestation in the domestic sphere. This thesis firstly examines the development of the Act in order to discover the objectives of its provisions. This was done by examining: the way in which overseas jurisdictions have tackled the problems of domestic violence and molestation, the events which led to the introduction of the legislation, and the concerns that were raised in the submissions and the debates on the Domestic Violence and Domestic Protection Bills. Secondly, the thesis looks at the way in which the Act has been operating, especially in the Wellington region, and attempts to ascertain what impact it has had, and whether it is fulfilling its objectives. The research has used a variety of both quantitative and qualitative methods. It included a court file survey; interviews with applicants, judges and lawyers; an examination of police records and training material; and a content analysis of submissions on the two Bills. The new Act seems to have led to an increase in applications for non-molestation orders. The number of applications for non-violence orders has been increasing each year since their introduction. People from a wide range of circumstances made use of the Act in the Wellington region. Most of the applicants alleged that they had been subjected to violence. They came from all socio-economic levels. Just under three-quarters were or had been married to the respondent, and over a quarter were or had been in de facto relationships. Nearly all of the applicants were female. The data from the file study showed that once an order had been applied for the application could be heard quickly if lawyers informed the court that the matter was urgent. Most applications resulted in more than one hearing and took just over nine weeks to be finalised. There seemed to be a reluctance, on the part of some judges, to make final orders. Interim orders were frequently extended rather than final orders being made, particularly when non-molestation orders were being considered. The applicants I interviewed said that they did not really feel that they were part of what was happening at the court. They also gave a generally unfavourable assessment of the counselling they had received. This research found that non-molestation orders had at least some effect, although many respondents continued to call at the applicants' homes. The effect of non-violence orders was difficult to assess. Definitive information on the police response to breaches of protection orders could not be obtained. However, the findings did tend to support the contention that the police have been reluctant to arrest in cases of domestic violence, although they may be slightly more willing to intervene when an order has been breached.