Thursday, April 30, 2009

Family Violence Protection Act 2008 - A Legal Pandemic


The Laws in Victoria have created a virtual Pandemic of Intervention orders and it doesn't really matter what your problem is you can instantly go to the registrars Counter at any Magistrates Court and apply for an Intervention order in any type of Civil dispute,

One of the Myths contained in the document says, the Violence Protection Act recognizes features of family Violence, including the gendered nature of Violence. This is a ridiculous generalization that doesn't and shouldn't apply to every male. The simple reason more women are applying for intervention orders is because they know they are guaranteed an Intervention Order simply because of their Gender. It is the gendered nature of the Legislation that gives women an automatic Green Light regardless of their "complaint". In One state of Australia a man has had 11 Intervention Orders issued against him in 11 years despite the fact there has been no threat of Violence, most of these orders she revoked after a week or two. Intervention orders are issued as quickly and as easily as a Parking Ticket.

In a newspaper article these contentious and Draconian laws have seen Fathers Groups, and anti domestic violence organizations prepared to battle each other over changes in family Law. This does not mean that fathers groups are against Anti Domestic Violence Laws, they are concerned about the Gendered Nature of the legislation, which affects all Fathers and all Men, not just Violent Men.

Instead of stopping Violence and Conflict these laws and the draconian decisions that are made, only inflame what are already emotional Situations, with sometimes tragic consequences. In a recent case which ended in the death of a young Child, the Chief Justice said, the Death cannot be blamed on the Family Court's handling of the Family break up and the Tragedy could not have been predicted, nobody would have seen this Coming. The Courts are very short sighted , because these tragedies happen far too often, both in family law and Intervention Order cases. Making the laws and Penalties more Draconian will only help to make these problems even worse. You have to realize the Laws of Common Sense don't apply in a Court of Law.

The Family Court of Australia has now made it extremely easy to obtain a divorce; all you need to do is apply online with a click of a mouse. This New E-Divorce Process has created a surge in Divorce applications, 800 people applying in less than 9 weeks!!!!. The Australian Family association has called for the Australian Government to Ditch this Service. A Family Law courts Executive has defended the System, saying the aim was to improve access to "Justice"!!!.

Maybe the next step is to ask female applicants whether they also want an Automatic Intervention Order as Well, it would mean they wouldn't have to move house or worry about their ex-husband having access to the Children. This would Streamline the Family law Process considerably. Unfortunately the People who frame some of our laws and turn their unrealistic ideas into legislation, can't see the Problems and tragedies they are contributing to. Even though the intervention order legislation comes under the Family Violence Protection Act 2008, You don't have to be a Violent Person to have one unnecessarily issued against you nor does the judiciary take into account that there is no Criminal Intent by the so called "Defendant".

At the opposite end of the scale, take the case of Rodney Cameron who was Jailed for only 10 Years in New South Wales for Murdering a woman at Katoomba. After the Murder Rodney Cameron Left NSW and came to Victoria where he then Murdered a Motorist who had picked him up while Hitch Hiking. After Cameron's release from Prison in NSW he was then convicted in Victoria for the Murder of the Motorist and was sentenced to Life in Prison. After serving only 6 years in Jail in Victoria he was released because the
Victorian Authorities thought he was "Rehabilitated". Despite the fact that he had also abducted a Woman and her child in Queensland he was not tried for this crime at all. Shortly after his release from a Victorian Jail, Rodney Cameron rang a Melbourne Radio Station's Lonely Heart's Program, He received 9 replies from Female Listeners, one of these women he took on a Trip back To Katoomba, the scene of his First Murder where he murdered the Woman who had responded to his Lonely Heart's Call.

What is the Victorian Government's answer to reduce the amount of Domestic Violence and Violence on the Streets in this state. Limit the number of Booze Barns in the CBD???. Have restricted Hours For these Venues???. Their answer is to introduce compulsory feminism programs in State Schools, in what they call a Major Push to Prevent Violence against Females.This would include students acting out scenes of Sexual Coercion , where students would suggest more appropriate Behavior. It says Feminist theories were best at explaining the link between "Gender Power" which would underpin the programs, but the Authors admit there was considerable hostility to feminism among Teachers and Students. However a Feminist framework would anchor the "political Committments" of the Program. We need to do that in ways that don't make boys in particular feel blamed and Demonised.A Family association spokesmen has stated the obvious when he says, Strident feminist propaganda won't wash with Boys.


All these changes and programs are supposed to make Women Safer from Family Violence but how this is physically possible when Victoria Police are Closing Police Stations and figures obtained show that there are less Police Patrols on the road is a matter of good Luck rather than Good Planning. A woman at a family Violence meeting I spoke to said she Rang 000 and it took Police 90 Minutes to respond to her call. Victorian Police seem incapable of Stopping the Alcohol Fueled Violence on Melbourne's Streets. This is leading to more Parents applying for Intervention Orders with Complaints of Drugged and Drunken "Children"Banging on Doors and Windows wanting to be let in to the House. The State government only seems to be concerned when there could be a possible loss of Revenue to the State with regard to Indian Students Studying in Victoria.

The members of the Family Violence Portfolio committee along with Politicians and the Judiciary need to realize that no matter how Draconian you make the laws, or how many intervention orders you churn out, or how long the Intervention orders last for have no bearing on the outcomes at all, if somebody is determined to harm somebody or murder them. Intervention orders aren't worth the paper their written on and Don't Actually work. A man who was serving 18 years for murdering his wife, said that if he had his time over again, he still would've killed his wife.

A Woman in NSW was interviewed on Television and said how elated she felt when the Courts issued an AVO against her estranged Husband, but reality set in when she arrived home to find her 2 children and her Father had been murdered and her estranged husband had then committed suicide. What happens then is Politicians and the Judiciary sit down and write up new legislation that probably won't work any better than the last lot of Legislation. The Courts and lawmakers in Australia take a leaf out of the Feminist Manifesto by simply Demonising and blaming all men. This is a ridiculous generalization that won't fix the problems relating to violence.

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