Is a non-molestation order enough?: women's experiences of the family court

Abstract

The focus of this study is on battered women's experience of the Family Court. It examines the process of making an application to the Family Court for a non-violence or non-molestation order. Both qualitative and quantitative data are used to trace and evaluate the Court process and its impact on women's lives. The quantitative data is based upon a file search of ninety four cases which came before the Lower Hutt Family Court between February and May 1988. All of these cases had a recorded history of domestic violence. They included cases where applications for protection orders had been made in the past as well as cases involving new applications. The qualitative data comprises in depth interviews with fifteen women applicants, (and) six Family Court solicitors as well as the results from a postal questionnaire sent to all Refuges affiliated to the National Collective of Independent Women's Refuges and the comment and discussion recorded at a Forum hosted by the Hutt Family Violence Network to discuss the implications arising from the file search. The study highlights the need for the Family Court to make use of specialised services for battered women and their families and suggests changes to present practices and procedures to better meet the needs of this group of Family Court clients. Most of the changes which are advocated relate to counselling procedures. The study suggests that present practices do not result in positive outcomes. Few of those referred to counselling attended and of those who do attend few agreements are made. The Family Court currently makes little use of the counselling provisions of The Domestic Protection Act 1982. It is recommended that all referrals for battered women and their partners be made under the jurisdiction of The Domestic Protection Act 1982 and that the male perpetrators of the violence be mandated by the Family Court to attend counselling or Men's groups to address their violence. The needs of women and their children for support must also be more clearly addressed by the Family Court and better use made of the specialist agencies already in place within local communities.