Support offered to Vaska and how to demonstrate it
Violence and abuse in many families is common in many parts of the society. This is because there are many traditions and practices that support those involved in abuse and violence or at times promote them. However, stringent laws and punishments have been put in place to stop domestic violence. Children, men, and women facing domestic violence have sought intervention from law enforcers as well as the judicial system. It is sad to note that many cases involving the abuse of women and children in Australia are not reported to authorities. This is mainly because the perpetrators are known to be the breadwinners of the family, are respected in the society or even have links with members of the judiciary or law enforcers, (Berns, 2017). As such, cases of domestic violence continue to arise. There are bodies and laws that are used to prevent the occurrence of domestic violence as well as punishing offenders. In this particular scenario, Vaska is faced with a dilemma of reporting her husband Jordan as well as applying for an Intervention Order so that he can be restrained from hurting her and her children. It is at this point that she needs to understand the importance of an intervention order. This includes the need for a plan that is in place for her, as per the law.
As a family violence applicant worker, I have the duty of offering support to Vaska by explaining what an Intervention order is, who applies for it, to whom, and what it mainly contains. To start with, it is essential to ask Vaska the nature of domestic violence she is faced with. This is followed by whether she has the intention of filling for an intervention order. In this situation, she fears that her husband will be locked away or charges will be preferred against him, (Theobald and Smart 2017). At this point, it is essential also to inform her that she may get a restraining order so that her children may be safe from Jordan. At this point, I will help her in making an application detailing the reason for the application. It is also important to help her during the application process. Language barrier and understanding of legal terminologies may be a problem thus the need to assist her. By doing this, typing an application will be part of the process which I will also be involved in. This will also include summons where Jordan will be served with so that he appears before the court. In a situation where she might be assaulted or hurt by her husband, a warrant of arrest can be issued so that Jordan can be arrested.
A Theory that informs the approach, why
In providing support to her, there are some pointers that can be helpful so that she can open up. First, it is essential to believe in her and what she says. This makes her open up more hence providing the most essential information. This will also help in creating a safety plan for her as well as the children.
Applying for an intervention order is premised on the intervention theory which helps in the analysis of problems so that better decisions are made. This leads to the formulation of practical solutions which can be sued by different parties. In most cases, measures are put in place so that intervention is sought. In this case, intervention theory helps in deciding the appropriate time to intervene so that the applicant gets the desired solution, (Lee et al 2018). Intervention theory also helps in checking the effectiveness of various types of interventions that can be applicable to a certain situation. For instance, an intervention measure, in this case, can be restricting Jordan from coming closer to his family, charging him in the courts of law for domestic violence or counseling him so that he can see the negative impacts caused by domestic violence.
When applying for an intervention order, there are sets of questions which are crucial. The main questions border around the most recent events that she may have faced. For instance, it is essential to ask about the relation between her and Jordan. This will help in determining the nature of relationships as well as the solutions to the problem. This is followed by whether she has children with him or not. As such, it is essential to ask this so that the extent of domestic violence can be considered to go beyond her or if it includes the children too. Further, questions about the nature of violence, when it happened including the dates, places and times. This establishes the exact account of all activities and abuses that she and her daughters face. It is also important to know how the violence has affected her and her family. At times, the victim may be afraid of it happening again and this is clearly displayed by her daughter’s desire for her mother to report the incidence to the police so that it is prevented from happening again. In most cases, many victims report the case to the police, just like Vaska, as such, asking what the police did is essential too. In case there are past court orders against the perpetrator, this has to be revealed. It is again important to know whether Jordan has a gun that is registered or not and where he keeps it. By knowing this, a future attack using the gun can be prevented.
Questions to ask and why- understanding of her risk and its influence on the safety plan
Information sharing is an essential element between agencies- both governmental and non-governmental. This relates to the sharing of data that was previously restricted to certain agencies. A case in point relates to data or information about domestic violence cases in Australia. The Royal Commission into Family Violence in Victoria made this effort after the inquest of the death of a victim called Luke Batty. It is on this premise that data about violence is shared across the board. Vaska may be deemed to be facing a consequence after this law came into force. To start with, she filed a complaint with the police department about the domestic violence. This enables the police department to now make a thorough follow up and arrest Jordan if need be. This also applies to the courts of law which have the duty of dispensing justice to victims. These instances become some of the consequences that Vaska may face, though for a good reason.
According to the Magistrates Court of Victoria, there are set procedures that one goes through when filling for an intervention order. To start with, one has to set an appointment with the Magistrate’s court by either making a phone call or visiting the register himself or herself. At this instance, the registrar answers any kind of question about the entire process and also provides essential information about what is expected or what one needs to carry to court. Secondly, one should attend the court appointment and carry along detailed information about the time, dates and when the domestic violence incidents took place, copies of police statements if they exist, copies of any kind of court orders if they exist and evidence such as emails, letters, photographs or chats which will be produced before court. Thirdly, an information form is filled by the applicant without necessarily disclosing one’s address, (McPhedral et al 2018). In this step, a reason for the intervention order must be given as well as an inclusion of children and the conditions that one deems fit for the intervention order. Lastly, an interview with the registrar is conducted so that all the details are captured. This gives the magistrate enough information that will aid in the decision-making process. It is at this stage that the date to appear in court is set. In a situation where there is a need for immediate protection from an abusive partner or family member, an interim prevention Order is provided.
Consequences for Vaska in relation to the new Information Sharing Legislation provisions in Victoria
The most dominant risk that Jordan’s family faces is death. This is due to his erratic behavior which aims at killing his family members. From Vaska’s narrative, Jordan has high temper and outbursts that lead to violence, (Woodlock, 2017). His action of chocking, shoving and pushing his family members while holding a knife are sufficient indicators that an Interim prevention Order should be served immediately. On the other hand, the main support available for him includes psychological counseling or even being taken to a correctional facility.
From his violent nature, the children are faced with safety concerns such as being beaten up, being yelled at or being killed by Jordan, (Broady and Gray, 2018).
In case Vaska decides to push for an intervention order, some of the elements that she can apply for include restricting Jordan from coming closer to his family members, handing over any form of weapon in his position, and also seeking psychological help so that his condition is checked, (Mullender 2012). Further harassment and violence may lead to his arrest and being charged in courts of law.
In a scenario where Vaska does not apply for an intervention order, it is essential to come up with a safety plan. To start with, she has to inform her relatives about the errant habit depicted by Jordan. Family members such as parents and brothers can help in such cases by solving family disputes amicably. Secondly, Vaska should identify Jordan’s level and use of force so that the risk of physical danger can be assessed easily, (Easteal and Carline 2018). As such, she will avoid any form of danger to her children too. A good example is when he easily gets angered because of an untidy place or unresponsive children. While in the house she should identify areas that do not have weapons, such as knives, metals or ropes. It is also essential to know all points that have access to telephones so that she can call her neighbors, relatives or the police. In some cases, friends and members of the family can help and during such times, signals should be used for help, (Postmus et al. 2018). Children should also be taught how to seek help when they are faced with a violent situation. This includes seeking help from neighbors and alerting the police. Lastly, getting out safely can also be practiced so that the children and Vaska can identify existing strategies.
Processes to go through when taking out an Intervention Order
In a situation where she takes an intervention order and Jordan is ordered to get out of the house, Vaska can have the option of filing for a restraining order too. This will prevent Jordan from getting close to her and the children unless instructed to do so. As such, instances of domestic abuse will be greatly reduced, (Prenzler, 2017).
In a nutshell, the process of taking an intervention order is seemingly simple and easy to understand despite the tedious court processes that may be involved, (Hoyle and Sanders 2015). It is also essential for the public to be aware that such orders exist and should be used in situations where one faces domestic abuse. By adhering to the set rules and regulations, instances of domestic violence will be reduced. In society, the question of whether men face domestic abuse at times arise. This is true since abuse can come from all gender hence the need to encourage men in such relations to seek justice, just like their female counterparts.
References
Lee E, R., Dutton, D., Painter, S., Matthews, B. and Kenny, M., 2018. Mandatory reporting legislation in the United States, Canada, and Australia: A cross-jurisdictional review of key features, differences, and issues. In Domestic Violence and Criminal Justice (Vol. 13, No. 1, pp. 1-4). Routledge.
Theobald, J., Murray, S. and Smart, J., 2017. From the margins to the mainstream: the domestic violence services movement in Victoria, Australia, 1974-2016. Melbourne University Press.
Berns, N.S., 2017. Framing the victim: Domestic violence, media, and social problems. Routledge.
McPhedran, S., Gover, A.R. and Mazerolle, P., 2017. A cross-national comparison of police attitudes about domestic violence: a focus on gender. Policing: An International Journal of Police Strategies & Management, 40(2), pp.214-227.
Woodlock, D., 2017. The abuse of technology in domestic violence and stalking. Violence against women, 23(5), pp.584-602.
Broady, T.R. and Gray, R.M., 2017. Taking Responsibility: Psychological and attitudinal change through a domestic violence intervention program in New South Wales, Australia. International J. Soc. Sci. Stud., 5, p.68.
Easteal, P., Young, L. and Carline, A., 2018. Domestic Violence, Property and Family Law in Australia. International Journal of Law, Policy and the Family, 32(2), pp.204-229.
Postmus, J.L., Hoge, G.L., Breckenridge, J., Sharp-Jeffs, N. and Chung, D., 2018. Economic abuse as an invisible form of domestic violence: a multicountry review. Trauma, Violence, & Abuse, p.1524838018764160.
Prenzler, T. and Fardell, L., 2017. Situational prevention of domestic violence: A review of security-based programs. Aggression and violent behavior, 34, pp.51-58.
Hoyle, C. and Sanders, A., 2015. Police response to domestic violence. British journal of criminology, 40(1), pp.14-36.
Mullender, A., 2012. Rethinking domestic violence: The social work and probation response. Routledge.
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