Modern Australian
The Times

Adolescent family violence is a growing problem – and the legal system is making it worse

  • Written by Elena Campbell, Associate Director – Research, Advocacy and Policy, Centre for Innovative Justice, RMIT University
Adolescent family violence is a growing problem – and the legal system is making it worse

Adolescents are consistently identified as perpetrators of violence against family members. We know this from a decade of Victorian court and police data. Victoria’s Royal Commission into Family Violence also highlighted the growing recognition that adolescent perpetration is a serious concern.

Further, findings by the Australian Institute of Criminology indicate that adolescents in contact with police for violence often have further contact soon after, including for breaches of protection orders. Victorian Crime Statistics Agency figures also recently confirmed what we’ve known for some time: adolescent perpetrators often experienced violence as a child.

Read more: Long ignored, adolescent family violence needs our attention

But what we have known little about is how effectively the civil justice response – the predominant response in some jurisdictions – deals with this issue. The Positive Interventions for Perpetrators of Adolescent violence in the home (PIPA) project, released this week, finds the civil response in Victoria is often ineffective and sometimes damaging in dealing with adolescents.

This is because police and court mechanisms are failing to account for perpetrators’ age, the relationship of trauma to their behaviour, and their capacity to understand orders or avoid breaching. It is also because there is sometimes more concern the system will come under scrutiny for not doing enough than for the risk to vulnerable families.

In our research, we reviewed 385 court and legal files and spoke to over 150 practitioners across three Australian states. Victorian files revealed cases involving serious risk, but also matters where an adolescent’s behaviour did not appear to meet the legal definition of family violence but an interim order was imposed nonetheless.

Around 25% of court files involved adolescents identified as on the autism spectrum. These families were highly distressed by system intervention. Some feared their other children might be removed. This fear overtook their hope for much-needed support for the child causing harm.

At the other end of the scale were cases involving violence by adults as well as children, but it was the children who were targeted for intervention.

In some files, lawyers detected parental misuse of the system and referred matters to the Children’s Court Clinic for assessment. This confirmed these children had been brought to court as perpetrators, but were in fact the victims of current abuse. The system inadvertently colluded in this abuse instead of addressing it.

One-third of cases involved adolescents excluded from home, but with no legal requirement to consider safety in relation to where they were placed. Similarly, despite orders against children under 14 being imposed regularly, legislation does not require that their capacity to understand these orders be considered. This contrasts with a criminal law principle that the capacity of children under 14 to understand the nature of an offence must be considered.

Further, high rates of trauma and disability among children identified as perpetrators make it even less likely they will comply with orders or regulate their behaviour. At its simplest, this means our system is sometimes imposing intervention orders on 13-year-olds who are on the autism spectrum, or who have histories of profound trauma, and then wondering why they return to court for failing to comply.

Our findings are not critical of police or courts. Most are desperate for more options. Rather, the settings of the current civil response are not equipped to deal with the complexity that adolescent family violence involves.

Read more: ‘Silent victims’: royal commission recommends better protections for child victims of family violence

Criminal mechanisms are not the alternative, either. This is because criminal justice system involvement is a known predictor of future involvement, despite the additional support that diversionary measures sometimes afford.

Nor is the answer to exclude certain forms of perpetration from legislative definitions. While this may mean children are not inadvertently captured in a one-size-fits-all response, it also means the behaviour is not recognised or tracked by the system at all. As a result, families are left to struggle in even greater isolation.

Rather, our research shows that more nuance and discretion, legislative checks and balances, and whole-of-family risk assessment are needed. We should track the rate of adolescent perpetration, but also respond to what sits behind it. This is to ensure children do not suffer from responses designed to deal with adult perpetrators.

If families are deterred from seeking help because they know the system’s intervention may make things worse, we will never have reliable figures on adolescent perpetration. Addressing this is a crucial step towards helping affected families feel supported and safe.

Authors: Elena Campbell, Associate Director – Research, Advocacy and Policy, Centre for Innovative Justice, RMIT University

Read more https://theconversation.com/adolescent-family-violence-is-a-growing-problem-and-the-legal-system-is-making-it-worse-132663

Why Laser Hair Removal Treatments Continue Growing In Popularity

Managing unwanted hair can become time-consuming and frustrating for many people, especially when shaving, waxing, and other temporary methods requi...

Choosing the Right Devices for a Flexible Workplace

For IT leaders managing large fleets, the device layer is where workforce productivity and security policy meet. The shift towards flexible and hybrid...

How Business Advisory Services Help Companies Achieve Sustainable Growth

Every business owner aims to build a profitable and sustainable organisation. While dedication, innovation, and hard work are important, achieving l...

Why Body Contouring Has Become A Popular Cosmetic Treatment

Many people maintain healthy lifestyles through regular exercise and balanced eating habits but still struggle with stubborn areas of fat that are dif...

How to Choose the Right POS Hardware for Your Business in Australia

A lot of Australian business owners spend weeks researching POS software but buy hardware almost as an afterthought. That's a mistake. The wrong har...

Why Material Handling Hose Is Critical for Industrial Efficiency

A high-performance material handling hose is an essential component in industries that transport abrasive, dry, or bulk materials on a daily basis...

How to Choose the Right Lawyer in Melbourne for Your Situation

Choosing legal support can feel difficult, especially when the stakes are personal or business-related. The right lawyer in Melbourne should underst...

Hoteliers Look to Clever Value Adds to Increase Revenue

The Australian hospitality industry is still in recovery mode after a notoriously rough patch in recent years. While there has been a post-COVID tra...

Moving to Queensland? Here’s How to Prep Your Car for the Big Move North

There’s no sign of the northern migration slowing down, with thousands of southerners fleeing from chaotic lifestyles and cooler climates for a brig...

Diesel Shortage to Impact Trades and Contractors

Strait of Hormuz blockage affecting all major parts of trades and construction Trades and construction across residential, commercial and industria...

Why Holiday Home Owners Turn to Rental Management Agents

The Allure — and the Reality — of Renting Out Your Property Owning a holiday home is a dream for many Australians. Whether it's a beachside sha...

Why Finding Reliable Doctors In Bundoora Is Important For Long-Term Health

Access to quality healthcare plays an important role in maintaining overall wellbeing and managing health concerns early. Trusted Doctors in Bundoor...

Understanding the Different Types of Car Services: Minor vs Major

When it comes to car maintenance, one of the most important things every vehicle owner should understand is the difference between a minor and a maj...

How Superannuation and TPD Insurance Work Together

Superannuation is an essential part of financial planning in Australia. It is designed to provide individuals with income during retirement, helping...

Tiny Towns funding granted for Mt Hotham and Mt Buller upgrades

Alpine Resorts Victoria (ARV) has welcomed funding support from the Victorian Government’s  Tiny Towns Fund, with both Mt Hotham and Mt Buller se...

Locksmith Services: Why Professional Security Solutions Matter More Than Ever

Security is a critical concern for homeowners, businesses, and vehicle owners alike. Whether it involves protecting a property, replacing damaged lo...

Why Tooth Fillings Are Important For Protecting Damaged Teeth

Cavities and minor tooth damage are common dental problems that can worsen if left untreated. Professional tooth fillings help restore damaged teeth, ...

The Connection Between Visibility and Driver Confidence

Operating a vehicle safely requires an immediate, uncompromised stream of visual information from the surrounding road environment. A driver's decis...