Hon Lianne Dalziel
Minister of Commerce, Minister for Small Business,
Minister of Women’s Affairs, MP for Christchurch East

27 August 2007 Media Statement
Embargoed until 2.30pm

Protection orders vital tool to reduce family violence

Protection orders provide crucial protection for people at risk of family violence and the government is committed to ensuring they are effective, Women's Affairs Minister Lianne Dalziel said today.

Lianne Dalziel was responding to the release of a report led by Ruth Busch and Neville Robertson of the University of Waikato into women’s experiences of protection orders. *

The report, which was commissioned by the Ministry of Women’s Affairs, makes more than 40 recommendations on ways to improve the effectiveness of protection orders and other steps to address family violence.

"The most powerful aspect of the report for me as Minister of Women’s Affairs is the stories of the 43 women who have lived through family violence. I would like to pay tribute to those women, who shared their harrowing stories in the case studies. Their bravery has enabled us to gain an insight into what things need to be done to better protect those at risk of family violence. They also show us what is working well and that, despite problems, protection orders do work and can save lives."

Lianne Dalziel said the report’s recommendations will make an important contribution to the Labour-led government's commitment to improving the effectiveness of protection orders.

The government has referred the report to the Taskforce for Action on Violence within Families and will ask the Taskforce to consider and report on the recommendations within three months.

"A lot has already been done to tackle New Zealand’s appalling record of family violence since this report was commissioned in 2005. These include the establishment of the Taskforce for Action on Violence within Families and the review of relevant legislation including the Domestic Violence Act 1995, which governs protection orders. Initiatives developed in many parts of government have already begun to address some of the report’s recommendations.

"The Labour-led government is showing leadership through the Ministerial Group that the Taskforce reports to but, like the report, we recognise the central role of families supported by their communities in ending family violence.

"Family violence will only end when we, as individuals, as families and communities no longer tolerate it."

The Minister said that was why the government, through the Taskforce, was working closely with non-government agencies and communities and why the Taskforce’s first programme of action had such a strong focus on community action and attitudinal change.

"The report provides a powerful reminder about the nature of family violence and what can be done to help victims. This includes giving those victims good support to help them understand the nature and risks of their situation," Lianne Dalziel said.

"One thing that stood out from the report for me was the need for the perpetrators of domestic violence to receive clear and unambiguous messages about the unacceptability of violence. They must be held to account and that requires a consistent and escalating response if victims are to be protected.

"The report also reinforces the fact that it is possible to predict the risk that victims of domestic violence face. As the report says, ‘past behaviour is a very strong predictor of future behaviour’ but more than this, the victim's own perception of the danger is one of the best indicators of actual risk.

"The Labour-led government is determined that the perpetrators of family violence are held to account and that their victims are protected and supported. The government’s response to the recommendations in this report will be a further step towards achieving those objectives," Lianne Dalziel said.

"The Ministry of Women's Affairs commissioned the report so that the experiences of the 92 per cent of applicants for protection orders would be included in the review of the Domestic Violence Act and this report will ensure those women's voices are heard."

* The report Living at the Cutting Edge: Women’s Experiences of Protection Orders is available at http://research.waikato.ac.nz/CuttingEdge/ Further information on the government’s response to the report and on protection orders is available at www.mwa.govt.nz (see ‘What’s new’).

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Report on Women’s Experiences of Protection Orders under the Domestic Violence Act 1995

Q&As for release of report

What is the report about?
The report is about women’s experiences in obtaining protection orders, of having a protection order and responses to breaches of protection orders. The report identifies aspects that are working well, as well as areas for improvement including barriers that prevent women from applying for and obtaining protection orders.

Why did the Ministry of Women’s Affairs (MWA) commission the work?
Domestic violence is a critical issue facing New Zealand women. According to the National Crime and Safety Survey, 25 percent of women have experienced partner violence in their lifetime. In 2005, Police attended a total of 63,685 family violence incidents and occurrences. Between 2000 and 2004, 54 women were murdered by men in a family violence-related murder. Domestic violence has high costs for women, their children and society as a whole. Protection orders are one important mechanism that can assist women in achieving safety and longer term well-being.

In 2004 the National Collective of Independent Women’s Refuges released a report that found the Domestic Violence Act was an effective legislative framework, however the report had a number of concerns about the way the legislation and protection orders in particular were being implemented.

Since 1999, there has also been a steady decline in the number of protection orders being applied for and final orders made (in 2005, 2,408 final protection orders were issued). There has been a decline in the proportion of applications that result in orders being granted. And there has also been an increase in the proportion of applications being put on notice and a levelling off of this trend.

This report examines protection orders from the perspectives of victims of domestic violence. This will provide critical information to understand women’s experiences of orders, how they work and how they can be improved. Women’s lived experiences provide rich information to understand issues.

What about male victims of domestic violence?
Any steps that reduce the incidence and impact of domestic violence will help men, women and children. Men do suffer from domestic violence, but the overwhelming majority of victims are women or children and the impacts of such violence tend to be more serious on average for female victims than for male victims. Domestic violence is therefore not a gender-neutral issue. The Ministry of Women’s Affairs is mandated to provide advice on policy that will improve the status of women. Domestic violence perpetrated against women is an issue that undermines women’s well-being and society as a whole.

Why is the report important?
The Domestic Violence Act 1995 is one important component of the legislative framework to prevent and address domestic violence. Protection orders are one of the key mechanisms that women can seek protection under the Act. Women’s experiences of protection orders cannot be viewed in isolation however and the report in examining 43 women’s experiences of orders includes wider experiences of seeking protection, safety and well-being.

The report identifies areas where improvements could be made to the system of obtaining and enforcing protection orders. It also highlights good practice already operating. The report provides insights into factors that help and hinder women in their journey to achieving safety.

What does the report contain?
At the heart of the report are 43 case studies of a diverse group of women who have experienced domestic violence, their experiences of seeking or not seeking protection orders, their experiences of breaches and enforcement of their order, what helped and what hindered them in their challenge to achieve safety and live free from violence. The case studies are based on interviews with women, and supplemented where possible with documentation such as affidavits and interviews with case study informants such as the women’s lawyers.

The report also includes key informant discussions which were conducted throughout the country. Interviewees included women’s refuge advocates, Police officers, lawyers, social workers and so forth. The authors also undertook a literature review of international and local research on women’s experiences of male partner violence and on women’s interactions with various agencies that comprise the justice system. This included an analysis of decided family law cases and also existing statistical data.

Who wrote the report?
The report was written by the University of Waikato Department of Psychology and School of Law. The principal authors were Ruth Busch and Neville Robertson as well as Roma Balzer and Radha D’Souza.

Can you tell anything from a small sample of case studies?
The report is designed to provide a greater understanding of the complexity of issues that women face regarding protection orders and their experiences of protection orders. The case studies comprise a very diverse group of women in order to obtain a range of experiences to better understand how the system of obtaining and enforcing protection orders currently operates.

What will the report be used for?
The report provides information/evidence in order to understand women’s experiences of protection orders. It has helped identify what improvements are needed to the system of obtaining protection orders and enforcing protection orders (women’s safety). It has also identified good practice that can be built on.

How was participants’ safety protected?
The safety of the participants was a key consideration throughout the process. The authors put in place various mechanisms to protect participants. For example, the report protects women’s anonymity by using pseudonyms and by omitting and disguising potentially identifying information. There were also procedures in place for the interview that women could use to ensure their safety.

What did the report find?
There are some key themes that are evident from the report.

Violation of women’s human rights to safety and well-being

Women in the case studies experienced repeated breaches to their fundamental human right to safety. Women faced a range of abusive behaviours including physical, sexual, psychological, financial, verbal, social isolation, and stalking. This behaviour was not one-off or isolated. A central part of the women’s experiences is fear. The violence formed a pattern of power and control that made women fearful and afraid for their lives.

Devastating impact of domestic violence on women and children

The women’s case studies clearly show the substantial and devastating impact that domestic violence had on their and their children’s lives. The impacts are both immediate and long term. Many women suffered extensive physical injuries. Women lost their homes, or had to repeatedly move homes, or go into hiding. Some women lost the day to day care of their children. Some lost jobs or personal property. Many experienced long term social, health and psychological impacts such as anxiety, depression, alcohol and drug addictions, and social isolation.

Women’s choices, strategies for survival

The case studies show women’s decision making in situations of domestic violence is complex and multifaceted. Women in the case studies frequently tried to manage the abuse by themselves and developed strategies to try and avoid occasions where violence might be triggered or when violence occurred to placate their partners in order to survive. Women made conscious decisions to navigate their own safety including sacrificing themselves to keep children safe. Women’s motivation to protect their children often acted as a trigger or turning point for women to leave violent relationships. Women made decisions balancing possible police or state intervention alongside potential retribution or consequences.

Various barriers prevented women seeking help such as fear of further violence/retribution or death, cultural beliefs such as shame or belief in family permanence, isolation, language barriers, and fear of losing children. However the vast majority of the 43 women in the case studies did seek help at some point.

Perpetrators

Perpetrators were not engaged in “one-off” abuse, the violence was part of a pattern of controlling behaviour, and repeated abuse. Most of the men in the case studies were also highly recidivist in their behaviour. When women made attempts to separate and/or obtained protection orders, perpetrators continued to stalk women, to breach orders and used means such as court processes to further abuse women. Some of the women in the case studies noted that their ex-partners moved onto other women and continued their abusive behaviour. Men were persistent in trying to get their partners back, often utilising a women’s family, or their children or community to assist his efforts. Another theme was that holding perpetrators to account was important.

Factors that help women

The report highlights several factors that assisted women in their journey to achieve safety. A consistent justice system response can play an important role in this journey. There are some good practices highlighted in the report such as: Police providing a service that is validating and responsive; use of good investigative practices and offenders being arrested; the role of Police Family Violence Co-ordinators; informal support from friends, families and communities; formal support from Women’s Refuge and others etc.

Factors that make it difficult for women

The report highlights many challenges women faced as they navigated their safety. One of the objectives of the report was to explore why women do not apply for protection orders. The report indicates that lack of information is a factor (not limited to migrant and ethnic women), lack of faith and cost.

There is a set of factors around obtaining and keeping protection orders. Specifically having their protection order applications put on notice. The report outlines some concerns about various approaches to protection orders, including defended hearings and pressure to withdraw an application or discharge order or agree to a consent order.

There is also a set of barriers around lack of perpetrator accountability.

What are the recommendations?
The full report, including recommendations, can be found at http://research.waikato.ac.nz/CuttingEdge/ Further information on the government’s response to the report and on protection orders is available at www.mwa.govt.nz (see ‘What’s new’).

Will government implement the recommendations?
The government takes the recommendations very seriously and has referred them to the Taskforce for Action on Violence within Families. Government is asking the Taskforce to consider and report on the recommendations by the end of November.

Since the report was commissioned in 2005 the government has moved preventing family violence to the top of the agenda and has introduced a number of important initiatives. The Taskforce for Action on Violence Within Families was created in 2006 to ensure that all government action on family violence was coordinated and to ensure government works more closely with non-government organisations and communities on finding solutions. The Taskforce has published and is implementing its first plan of action which includes a major campaign to change people’s attitudes towards family violence. A number of the Taskforce’s initiatives are relevant to the recommendations in the report as is the review of the Domestic Violence Act. Other recommendations, including recommendations for amendments to legislation, will be considered by government.

What does the report say specifically about protection orders?
Protection orders are an important part of the legal protection that is available to women, but without consistent enforcement a protection order is a piece of paper. Consistent enforcement is critical to protection orders working as they were intended.

ENDS

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