Domestic Violence: Case Study of The Brown Family

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Introduction

The following case study documents the criminal hearing of assault and then intervention order which was heard in the Adelaide Magistrates Court during January of 2012. The purpose of the Adelaide Magistrates Court is to provide access to a number of courts and services. They include Magistrate Court, Criminal and Civil, Drug Court, Diversion Court. Also Mediation Services include Pre-lodgement Mediation, Domestic Violence Court, Investigation/Examination Summons Court, Minor Civil Direction Hearings. This paper is separated into five sections. First, a brief synopsis will cover facts about the chosen case. The next section will address the relevant legislation in relation to the case. The third section will briefly discuss the court’s eventual ruling and how the magistrate addresses the defendant. Another Import area in which this case study will address is the role of human service/social worker in this hearing. This section will discuss social work knowledge, roles and skills that are required in this scenario. The last section will reflect the social justice and ethical issues surrounding the case, primarily the issues of domestic violence and assault among families.

Case Synopsis (10%)

Tracy Brown is a younger/middle-aged female. The alleged perpetrator, in this case, is her husband Jeff Brown. Mrs Brown and Mr Brown have two young children together who witnessed the assault. On the night of the assault, Mrs Brown returned home from picking up the children from school, this is then it is alleged that the defendant (Mr Brown) became abusive at both Mrs Brown and the children. Screaming and shouting coming from Tracy and Jeffs residents resulted in the police being called by a neighbour. Mr Brown was arrested for assault and an intervention order was issued by police to ensure the safety of Mrs Brown and their children. From the Information given its clear that Tracy suffered from both physical and emotional abuse from Mr Brown, this is not out of character of Mr Brown with him being described as abusive and controlling. Mrs Brown suffered injuries on her arms and head at the hands of the perpetrator during the assault, both requiring medical attention. Mr Brown made bail and is now temporarily living with his sister and has not had any contact with Mrs Brown or their children since the alleged assault.

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Identification of Relevant legislation (10%)

Intervention Orders (Prevention of Abuse) Act 2009

This Act allows the Magistrates Court and Police of South Australia the create intervention, associated gambling and tenancy orders after cases of domestic and non-domestic abuse. (Reference)

Issuing an Intervention order is on the grounds that it is reasonable to suspect that a defendant will commit an act of violence or abuse to a person (in the absence of an intervention order). (Reference)

Persons of whom a protection intervention order may be issued are first, any person whom it is suspected the defendant will commit an act of violence. Secondly, any child who may be anyway exposed to the effects of an act of abuse committed by the defendant against a person. (Reference)

Another part the Intervention Orders Act that is relevant to this case is the ability for the intervention orders to be issued for the protection of a person even if that person is not an applicant for the order and therefore can be made on their behalf. (Reference)

A police officer may issue an interim intervention order against a defendant if it appears to the police officer that there are grounds for issuing the order and the defendant is present before the police officer or in custody. (Reference)

Terms of Intervention orders may require the defendant to undergo a number of assessments, failure to complete their requirements may result in a harsher sentence. (Reference)

In the case of the Brown Family, a Police intervention order was created after the arrest and detention of Mr Brown, this prevents any contact between him and Mrs Brown and their children including school or Mrs Brown’s Work.

Court’s Ruling/Intervention (10%)

During Jeff Brown’s court appearance regarding the police-issued intervention order, he chose to adjourn the order so he could get legal advice however the terms of the order still apply. Regarding the charges of assault, that matter was adjourned to a later date as well. The court then clarified the terms of Mr Brown’s bail to make sure they aligned with the intervention order. Mr Brown requested that he be allowed to return to the home to collect his work tools, this request was granted and the order was varied allowing Mr Brown to collect his tool on a police-appointed date. Another term of the intervention order is that Mr Brown is not allowed to contact Mrs Brown in any way unless it is regarding contact with their children. Failure to follow the courts ruling, Mr Brown would be arrested. The court listed the injuries that Mrs Brown obtained during the alleged assault as well as Mrs Browns statement, which Mr Brown did not show signs of remorse denying the previous statement. The court also assigned Mr Brown to a domestic violence prevention program aimed better his relationships with people.

Human Service/Social Worker Role (30%)

The Human Service/Social Worker is committed to maximising the well-being of individuals and society. (Reference) In the case of the Brown family, it is important to draw on relevant and current research, including best practices guidelines in situations of domestic violence. In this instance a social worker would support and advocate on behalf of Mrs Brown in this case, in other cases many social work roles focus on intervening before domestic and family violence occurs, supporting parenting, educating young people and influencing other social determinants of violence. The ultimate goal is to seek empowerment among family members, to take control of their lives and move beyond the effects of domestic and family violence. For a social worker or human service worker dealing with this case, it’s important that they follow the right social work practice models such as the strengths perspective, an anti-oppressive approach or a feminist approach.

Anti-oppressive Approach; This practice has its basis in the idea that certain powerful groups maintain their position in society by creating negative stereotypes about other groups. Examples of this can be seen in many aspects of Australian society, such as the relationship between new and indigenous Australians, discrimination against the LGBT community and in this case, the power dynamic between men and women. A human service or social worker using this approach would then focus on combating the actions and effects of this discrimination in particular by promoting social equality. The stereotypes and factors that have allowed domestic violence to excite include gender norms, alcohol and substance use and the historical idea that woman has to obey their partner. In the case of the Brown family, getting Mr Brown to attend the rehabilitation sessions in which he is asked to alter his relationship with women. This can be seen as an anti-oppressive approach.

Strengths Perspective; the ideas of the strengths-based approaches allows social workers ways to work with clients in a way that focuses on their strengths, abilities and potential rather than there problems and issues. When dealing with survivors of domestic violence it’s important that social workers understand these survivors are experts in their own experiences, and that this approach relies on the relationship between the social worker and the client to be a collaboration in that you are supporting and buildings those strengths. For the case of the Brown family, this approach in practice would be used in the counselling of Mrs Brown. A concern in the application of this perspective in relation to domestic violence counseling is that there may be tension between the client’s safety and the realities of the client’s life with it being common for survivors of the domestic violence to return to there abuser whom they have an intervention order against. If this were to happen in this case it is important that the social worker provided non-judgemental support while making risk and safety planning a priority this is done because the worker respects that the client is the expert of her situation.

Feminist approach; This understanding of domestic violence shares many ideas with the Anti-oppressive approach, with the feminist view on domestic violence being that violence against woman and children occurs within societies where male dominance is normalised and men feel entitled to use violence to maintain their position in said society. The feminist understanding also takes into consideration other factors such as racism, poverty and class division. To best encapsulate the most popular understanding of the feminist understanding regarding this issue is from the National Committee on Violence against woman in there 1992 report, National Strategy on Violence Against Woman when they state that, “Much of the oppression of women directly benefits men and, in many instances, this oppression is accompanied by violence. Men who are violent towards women are behaving from within a belief system that informs them that they have a right to supremacy; to own and control women; to punish women for non-compliance or disobedience; to be violent to women degraded or humiliated for any reason; to rape women if they so wish; to monitor and control what women do and with whom they have contact; and to withhold access to any financial or other resources.” The role of the feminist perspective, in this case, involves the social worker using a resource such a woman shelters and other woman support services.

Social Justice and Ethical Issues (30%)

Every Year, around 4 million women become victims of domestic violence either by there boyfriends of husbands, about 1 in 4 women is likely to be assaulted by a partner in her lifetime. The Australian Association of Social Workers (AASW) endorses the definition from domestic violence Victoria with it being “… the repeated use of violent, threatening, coercive or controlling behaviour by an individual against a family member(s), or someone with whom they have, or have had an intimate relationship including carers. Violent behaviour includes not only physical assaults but an array of power and control tactics used along a continuum in concert with one another, including direct or indirect threats, sexual assault, emotional and psychological torment, economic control, property damage, social isolation and behaviour which causes a person to live in fear. Currently, only certain behaviours and actions defined as family violence are criminal offenses, any behaviour that constitutes family violence is unacceptable.” This definition doesn’t account for all Australians however, with Aboriginal and Torres Strait Islanders communities commonly preferring the term ‘family violence’ pose to domestic violence. Family violence covers other types of abuse within family members such as children and parents, aswell and between partners. These communities use this term being they believe it better portrays the experience of violence within the home. (Reference) Domestic violence though the lens of the social justice and ethical perspectives view it as a human right violation (Reference) with many of there woman and children being subject to fear, physiological manipulation, isolation, physical abuse and death. (Reference) This is reflected in the case of the Brown family in that Mrs Brown was dealing with abuse by her husband for a period of time before the intervention order was set up. She was isolated and controlled by Mr Brown not being allowed to talk to her neighbours and being forced to be at home.

Conclusion

In the case of the Brown family, it is important the social worker or human service worker ensures the well being of Mrs Brown aswell as rehabilitating Mr brown to eliminate violence from both of there lives. This could be done by following a number of social work best practice models such as the three examples given. The police-mandated intervention order discussed in the video should stop any further altications between Mr and Mrs Brown. The ethical and social justice perspectives show that Mrs Brown isn’t alone and that Domestic violence is a real problem within Australian communities both indigenous and non-indigenous. Aswell at it impeding on many of the human rights that all Australians have a right to.

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