Quando a violência doméstica bate à porta das Varas de Família: uma análise de processos com autoras que possuem medidas protetivas da Lei Maria da Penha

PurposeFew studies have investigated how high-risk domestic and family violence perpetrators threaten staff, how organizations support staff, and whether communities of practice improve service coordination and the safety of workers and the families they serve. The purpose of this article is to explore worker safety among practitioners involved in high-risk domestic and family violence and child protection cases.MethodsParticipatory action research methodology was used to investigate and develop cross-sectoral workforce capacity at the intersection of domestic and family violence and child protection practice. This study, based in Queensland, Australia, drew on a subset of data from a larger study of communities of practice. Participants were 15 senior practitioners and team leaders from child protection, women’s and men’s domestic violence services, family support, and justice services. Data were collected in 2018. Data sources included ethnographic notes and transcripts from communities of practice and focus groups. Data were qualitatively analyzed.ResultsFive key themes emerged in the findings: risks to workers associated with the physical environment; advances in perpetrators’ use of technology; failings in police responses and the judicial system; a parallel process between workers’ and women’s responses to threats to their physical and psychological safety; and strategies for improving safety when working with high risk perpetrators of domestic and family violence.ConclusionsImproving the physical and psychological safety of workers in high-risk domestic and family violence and child protection cases requires moving beyond intra-organizational policies and practices and addressing the inter-sectoral and systemic factors that increase risk and reduce safety for child and adult victim/survivors and workers.

Children Witnessing Domestic and Family Violence: A Widespread Occurrence during the Coronavirus Disease 2019 (COVID-19) Pandemic

Objective:To map the main characteristics of and differences between domestic violence and sexual assault cases presenting to a hospital emergency department in Australia.Methods:This retrospective observational cross-sectional study presents a snapshot of domestic violence and sexual assault cases presenting to the emergency department of a regional tertiary Australian hospital between 1 January 2018 and 31 December 2018. Data were extracted from the health district electronic information system for all eligible females. All data were checked for completeness and discrepancies by researchers before analysis.Results:42/105 (40%) sexual assault cases and 27/56 (48%) domestic violence cases reported mental health issues. More than half of the sexual assault and domestic violence cases had recurrent presentations to emergency department (51%; 54/105% and 52%; 29/56, respectively); most injuries were classed as severe. 92/105; 88% of sexual assault and 41/56; 73% of domestic violence victims were referred to related services.Conclusion:Clinical health staff, particularly those working in emergency department, can play crucial roles in identifying cases of domestic violence and sexual assault. Domestic violence training for clinicians and routine domestic violence screening in hospital emergency department is recommended to enhance early intervention.

Detection specifics of criminal offenses, connected with domestic violence, is actually standing not only at the Ukrainian, but also on agenda of worldwide lawyers, and emphasized at the highest international venues, among them, in particular, officials is the Council of Europe. The urgent problem is not only the detinization of this type of crime, but also the elaboration of comprehensive mechanisms for detecting and fixing offenses, related to domestic violence in order to effectively punish offenders and take preventive measures. Besides, it must be noted on preparing a list of indicators for accounting for cases of domestic violence and gender-based violence by central authorities, as well as improving mechanisms for identifying, documenting, responding, investigating cases of domestic and gender-based violence against women and girls, and bringing those responsible to justice. The involvement of the public society, including their interaction with law enforcement agencies, in reporting cases of domestic violence offenses and developing preventive measures to combat these crimes is also important in identifying the crimes area, related to domestic violence. Regarding the activities of law enforcement agencies, attention should be drawn here to the national police, as the main body, charged with implementing enforcement policy in this area. An important condition in the sphere of prevention is their development and transformation, in accordance with the current challenges of the time, an example of which is the project of the national police POLINA

Domestic violence is any act against a person, especially women, that results in physical, sexual, psychological, and/or domestic neglect, including threats to commit acts, coercion, harassment, or unlawful deprivation of independence within the scope of the household. As stated in Article 1, Paragraph 1, of Law No. 23 of 2003 concerning the elimination of domestic violence, In the event of domestic violence, the settlement, although there is a law regulating domestic violence that requires the settlement process in court, still chooses customary law institutions to resolve domestic disputes. The people of Gayo Lues, in each gampong, have a customary institution that handles everything related to the interests of the community both internally and externally, namely the Geucik or penghulu. The community prefers to resolve cases of domestic violence through gampong customary institutions because the principles are in accordance with the values that have developed in the community. Customary law can resolve problems in a peaceful and easy way, and customary justice will realize the principles of kinship, peace, harmony, sincerity, and a strong sense of brotherhood. Settlement by customary law does not recognize defeat and victory and can even strengthen the bonds of brotherhood that were almost broken due to domestic violence. The pattern of resolving domestic violence cases resolved by Pak Geucik Gampong Penggalangan begins with a report from the victim or perpetrator, then, at a predetermined time, separate mediation is held by calling the victim or perpetrator in turn, after which mediation or deliberation is held simultaneously and a decision is made that has been agreed upon by both parties and outlined in an agreement letter.

Indonesia has experienced incidents of domestic violence involving partners working in professional fields. The domestic violence has become a critical problem in both developed and developing countries. The number of cases of violence against women (VAW) has been increasing every year. Data from Indonesian National Commission on Violence Against Women year 2020 show that there are 431,471 cases. Earlier studies indicated that high academic and professional status achieved by women can reduce VAW. However, cases of domestic violence reveal that such initiatives are not enough and do not exclude academically and professionally empowered women from being victims of domestic violence. The studies indicate that power relations between husband and wife play a crucial role in determining the incidence of domestic violence in a family. This study aims to reveal power relations in dual-career families experiencing domestic violence in Indonesia. The study deploys the qualitative research method and applies the Connell theory on gender and power. This research was conducted in Surabaya, East Java, Indonesia, and it involved 44 key informants and 34 supporting informants from the general public. The results reveal three categories of power relations between husbands and wives, who faced domestic violence in dual-career families: male-dominated families, female-dominated families and alternating families (i.e., families where the dominant roles of men as husbands and women as wives can change). This study concludes that the ownership of intellectual and economic resources in themselves does not contain the power relations between husband and wife play a critical role in determining the incidence of domestic violence. cases of domestic violence. Based on power relations between husband and wife, alternating family, driven by women’s resistance, is capable of changing the structure of the family. In alternating families, the power of husband and wife are alternated. There are reversed roles between them. Furthermore, it tends to build a new structure where there is no hierarchical family position between women and men. In addition, the structural change will create an equal and ideal family.

This study aims to analyze and find the inhibiting factors faced by North Lampung Police investigators in handling domestic violence (KDRT) cases. The research approaches used are normative juridical and empirical juridical The normative juridical approach is carried out by examining laws and regulations related to the handling of domestic violence, such as Law Number 23 of 2004 concerning the Elimination of Domestic Violence. Meanwhile, an empirical juridical approach is carried out through the collection of primary data from interviews with investigators, prosecutors, academics, and non-governmental organizations active in handling domestic violence. Secondary data is obtained from legal literature, official documents, and applicable regulations. The results of the study show that there are several significant obstacles in the process of investigating domestic violence cases. These obstacles include the lack of sensitivity of investigators to the psychological condition of the victim, social pressure and stigma towards the victim that makes reporting low, and limited public understanding of forms of domestic violence, especially non-physical ones such as psychological and economic violence. Internal obstacles also arise from the limitations of supporting facilities such as victim-friendly examination rooms, psychological assistants, and special training for investigators in handling gender-based cases. From the juridical side, the lack of a clear rule regarding the limits of penal mediation in domestic violence cases creates legal uncertainty and opens up space for perpetrators to escape criminal snares through peace that is often impure. In addition, the patriarchal culture that is still strong in society is a structural obstacle in the law enforcement process that favors victims, especially women. Therefore, it is necessary to increase the capacity of investigators through continuous training, the provision of victim-friendly support facilities, widespread legal socialization to the community, and the reformulation of legal policies that are more firm and in favor of victims. Thus, law enforcement of domestic violence cases can be carried out more effectively, fairly, and oriented towards the protection of human rights.

Domestic violence experienced by women in Indonesia is increasingly prevalent every year. It is one of the highest cases of overall violence against women. Bekasi Regency is one of the areas with high cases of domestic violence. From 2018 to 2022, there were 169 cases of domestic violence reported to the Bekasi Regency Women's and Children's Empowerment and Protection Service (DPPPA). This study aims to analyze the implementation of policies related to the prevention and protection of women against domestic violence in Bekasi Regency. This research uses the theory of policy implementation from Van Meter and Van Horn. This research uses a qualitative method using a descriptive analysis approach. The results of this study indicate that the implementation of Bekasi Regency Regional Regulation Number 5 of 2020 concerning the protection of women against domestic violence in Bekasi Regency has not been implemented. Because, since the enactment of the regulation, cases of violence against women have increased every year, especially the number of cases of domestic violence in Bekasi Regency. This is due to several factors, including weak regulations related to the prevention and protection of women against domestic violence, victims who do not dare to speak up, efforts to resolve domestic violence cases, which are sometimes only resolved within the family, and other external factors such as social and economic factors, which contribute to the higher rate of domestic violence in Bekasi Regency.

The literature indicates that witnessing domestic violence is harmful to children, that them is a high overlap between domestic violence and child abuse, and that safety is an important issue for separating women because separation from abusive partners is a particularly dangerous time for victims of domestic violence. Further, child custody is often a contentious issue in domestic violence cases. Child custody evaluations are typically used to assist courts in deciding custody when custody is disputed and when the best interests of the child are unclear. The concept of "best interests of the child" does not specify evaluation techniques or approaches, however, and while custody evaluation standards generally address the best interests of the child, they offer little guidance in high-risk situations such as parental domestic violence. In addition, there has been limited research focused on understanding the custody evaluation process or the degree to which practitioners differ in their procedures and reporting for cases with and without parental domestic violence. This study is one of the first to examine characteristics of disputed custody cases and their custody evaluation reports differences between domestic violence and non-domestic violence cases. This study selected a 60% random sample of cases with custody evaluations in Fiscal Year 1998 and 1999 (n = 82 cases). Out of the 82 cases, 56% (n = 46) met criteria for classification into the domestic violence group and 44% (n = 36) did not. In general, results indicated that although there were some important differences in court records between cases with and without domestic violence, there were only minor differences between custody evaluation reported process and recommendations for the two groups. Implications for research and practice are discussed.

Domestic Violence Evidence-in-Chief represents a significant shift in evidentiary practice in Domestic and Family Violence cases. These pre-recorded statements, typically captured shortly after an incident, offer an immediate and seemingly authentic account of events. However, concerns have been raised about the potential introduction of extra-legal influences through elements visible or audible in the recordings. One such element is emotionality, as complainants’ emotional displays in the footage may impact fact-finders’ credibility assessments and legal decision-making. Research on the Emotional Victim Effect suggests that visibly distressed victims of sexual assault tend to be perceived as more credible than emotionally neutral ones. However, there is limited understanding of whether this effect also applies to Domestic Violence Evidence-in-Chief. Moreover, it has been established through experimental research in other contexts that jurors’ own emotional states influence how they evaluate evidence and make judgements. This article highlights the risk of emotional bias in pre-recorded evidence and calls for further empirical investigation. The aim is to inform the development of evidence-based practices to promote rational fact-finding in Domestic and Family Violence prosecutions.

<p>Cases of domestic violence are on the increase in Zimbabwe regardless the existence of anti domestic violence laws. Not much has been done to establish why the existing laws in Zimbabwe are failing to reduce or stop Domestic Violence. Some of the factors for increased cases of Domestic Violence in Zimbabwe include amongst others, total disregard of the African Traditional culture and practises, poverty and economic hardships, increase in awareness of the law, non coverage of remote areas during anti domestic violence campaigns, limitations in the enforcement of the law, natural characteristics of perpetrators, challenges faced by organisations who deal with domestic violence cases, corruption, alcohol and drug abuse and infidelity. A qualitative research was conducted in Highlands, Dema and Chitungwiza Suburbs. What boggles the researcher’s mind is the non intervention in domestic violence by members of the society. Domestic violence is manmade and so why does it continue unstopped since it is hating and sometimes ending lives of innocent people. The research recommends the inclusion and use of the African Traditional cultural practises in solving cases of domestic violence. It is also recommended that the anti domestic violence laws be made restorative in nature, catering for both the healing of the victim and the rehabilitation of the perpetrator. It is also recommended that there should be a zero tolerance to domestic violence amongst Zimbabweans and that everyone should play his or her role to fight domestic violence.</p>

The article analyzes the legislative initiative to limit mediation in domestic violence and domestic violence cases in the context of complex contemporary debates about the nature of gender­based violence, which is rooted in significant power imbalances, and ensuring the «autonomy» of victims. The author examines the arguments of both supporters of the theory of «imbalance of power» and supporters of the view of victims as «autonomous subjects» who oppose protectionist interventions in their lives, and focuses attention on the concept of relational autonomy, which helps to create an acceptable model of response to gender-based violence, taking into account the structural social asymmetries underlying it. Referring to the «gold standard» of the Istanbul Convention, which provides the highest level of protection for victims of gender-based violence, the author supports the draft law on limiting mediation in cases of domestic violence and gender-based violence, based on Art. 48 of the Istanbul Convention and its interpretation in the Explanatory Report, the practice of GREVIO, the monitoring body of the Convention, and the gender-sensitive practice of the European Court of Human Rights, which establishes the standard of «special diligence» in cases of domestic violence. The author proposes clarifications to the draft law in terms of disclosure of the content and scope of the concepts of «cases of domestic violence and gender-based violence», forming a clear list of situations when mediation is impossible. This applies to cases of administrative and criminal offenses related to domestic violence and gender­based violence, as well as situations where special measures against domestic violence provided for by core laws were applied. In addition, the author draws attention to the importance of screening civil proceedings related to family disputes to identify cases of gender-based violence. Analyzing the qualification standards of mediators in Ukraine, the researcher draws attention to the potential risks of re-privatization of violence and secondary victimization of victims and emphasizes the importance of judicial protection in cases of domestic violence and gender-based violence.

Large numbers of domestic violence (DV) cases on child protection caseloads have necessitated the development of practices that address both DV and child safety. The first step in this process is to gain an understanding of the differences between DV‐involved cases and other forms of maltreatment. The implementation of a differential response service model in Ontario offered an opportunity to compare risk assessment ratings, service outcomes and recurrence and to identify pathways of DV cases through child protection services (CPS). A sample (n = 785) of child protection investigations over a 4‐month period was examined. Of these investigations, 26% cases were DV referred; 87% of the DV victims were mothers; perpetrating partners were mostly absent from investigations; non‐white families were more often investigated for DV than white families; and DV cases were more likely to remain open for ongoing CPS. Only one‐third of DV‐exposed children were assessed as having been harmed and most community referrals were made for the victim parent. Mothers were the primary target of investigation, remaining in CPS for extended service provision although recurrence rates were lower than found in other investigations. Results are discussed to inform investigative procedures, assessment and service response to more adequately respond to children and families when DV is present.

Domestic violence against women is a global issue. An earlier report from the Centers for Disease Control and Prevention (CDC), USA, reported that injury caused by domestic violence was the second most common cause of death during pregnancy and in the postpartum period (1). The pregnancy-associated homicide ratio was found to be 1.7 per 100,000 deliveries and firearms were identified as the main source of injury. Domestic violence is more common in developing countries than in the developed world, and rural areas are worse affected than urban ones. The risk factors associated with intimate partner violence include husbands being unemloyed, belonging to a lower socioeconomic group, poor educational status, and alcohol and substance abuse. In a hospital-based study of 500 women, around 12.6% reported physical abuse by their spouses in index pregnancy (2). In another hospital-based study in which women were interviewed during the postpartum period, 23% reported physical abuse during index pregnancy (3). Death as a result of violence is not a new phenomenon. In 1994 the Human Rights Commission of Pakistan reported 372 cases of domestic violence, due to which around 274 women died during an 8-month period. According to a report for the year 2012-13 around 389 cases of domestic violence were reported in the Pakistani media that year. The same report states that in 2013, more than 800 women committed suicide due to domestic violence. In 2013, the Provincial Assembly of Sindh, Pakistan, passed The Domestic Violence (Prevention and Protection) Bill, 2013, which imposes a fine of Rs 20,000 for violent offences against women. Such bills have not been passed in other provincial assemblies of the country. Other countries in South Asia (India, Nepal, Bangladesh, the Maldives, Sri Lanka and Afghanistan) have national laws which make provision for extending medical assistance to women who have suffered domestic violence (4). However, a lot remains to be done to translate these laws into actual practice. In Nepal, special cells have been set up in police stations to offer services to women reporting domestic violence. Among those responsible for the implementation of these services, only a few were found to be aware of the fact that such services were supposed to be provided (5). Only 8% of women knew that such services were available (6). In Bangladesh, crisis centres have been established in tertiary care hospitals to deal with domestic abuse. Manuals have been designed for the attending doctors on how to provide assistance to the women and on the reporting of such events (6). In India, providers of medical care do not consider it their duty to report domestic violence (4).There is a need to sensitise the medical fraternity to this issue, especially since many victims present to hospitals. Health providers also need to be given guidance on the steps they can take when confronted with cases of domestic violence. Around two decades ago, the American Medical Association recommended universal screening for intimate partner violence. This led to a sharp increase of 30% in reporting of intimate partner violence among certain groups of the population (7).

This study involves an evaluation of an innovative approach to the handling of domestic violence (DV) cases in the city of Cleveland, Ohio that includes (1) a DV Project composed of specially trained police detectives, prosecutors and victim advocates for investigating and prosecuting domestic violence cases involving adult female victims who are married to, cohabitating with, or have a child with the defendant; and (2) a Dedicated Domestic Violence Docket that involves two Municipal Court judges hearing all of the domestic violence cases that are handled by the DV Project. We collected data on six months of domestic violence cases occurring in the latter half of 2008 (N = 1388), by linking records from the Cleveland Police Department, the Prosecutor’s Office, and the Municipal Court. We found that very few victims in police districts lacking the DV Project follow up with a prosecutor to pursue the case further, indicting that specialized DV units in police departments can have a significant impact on the number of DV cases that move forward through the criminal justice system. DV Project cases were slightly less likely to result in charges issued by prosecutors (OR = .499) but more likely to result in dismissals (OR = 2.545) and referrals to DV treatment programs (χ2 = 3.88).