Journal articles: 'Domestic Violence Act (Zimbabwe)'

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Makahamadze, Tompson, Anthony Isacco, and Excellent Chireshe. "Examining the Perceptions of Zimbabwean Women about the Domestic Violence Act." Journal of Interpersonal Violence 27, no. 4 (2011): 706–27. http://dx.doi.org/10.1177/0886260511423239.

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Chireshe, Excellent. "Christian Women’s Experiences of Domestic Violence in Zimbabwe." Affilia 30, no. 3 (2014): 380–94. http://dx.doi.org/10.1177/0886109914563156.

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Sood, Geetika, and Avrida Jan. "Object and Reasons of Domestic Violence Act." International Journal of Trend in Scientific Research and Development Volume-3, Issue-4 (2019): 1044–47. http://dx.doi.org/10.31142/ijtsrd24052.

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Brammer, Alison. "Domestic Violence Crime and Victims Act 2004." Journal of Adult Protection 8, no. 1 (2006): 50–53. http://dx.doi.org/10.1108/14668203200600006.

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Bhatia, Manjeet. "Domestic Violence In India: Cases Under The Protection Of Women From Domestic Violence Act, 2005." South Asia Research 32, no. 2 (2012): 103–22. http://dx.doi.org/10.1177/0262728012453489.

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Edwards, Susan. "MORE PROTECTION FOR VICTIMS OF DOMESTIC VIOLENCE? (THE DOMESTIC VIOLENCE, CRIME AND VICTIMS ACT 2004)." Denning Law Journal 18, no. 1 (2012): 243–60. http://dx.doi.org/10.5750/dlj.v18i1.318.

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In 2004, the government introduced the Domestic Violence, Crime and Victims Act (DVCVA). Baroness Scotland, in opening the Bill’s second reading in the House of Lords, said: “The Bill represents the most radical overhaul of domestic violence legislation in 30 years. It reflects the fact that domestic violence is unacceptable, that victims must be protected and offenders punished.”In broad terms, protection for victims is provided by introducing amendments to existing civil and criminal offences including extending police powers in making, both common assault and a breach of a non-molestation order, arrestable offences (section 10 and section 1); offering protection to a wider range of persons by including same-sex couples in the meaning of “cohabitants" (by amending Part 4 Family Law Act (FLA) 1996); including in the definition of “associated persons” same-sex couples (by amending Part 4 FLA), and perhaps of the greatest significance creating an entirely new homicide offence of “causing or allowing the death of a child or vulnerable adult” (section 5). There are several provisions intended to empower victims of domestic violence by allowing them a greater participation in the justice process, including the right to make representation in court (sections 35-46) and by providing additional support in the form of a Victim’s Code, although the remit of this code of practice is still yet to be determined (section 32). Finally, there is also a provision, which establishes independent investigations of domestic homicides termed “domestic homicide reviews” (section 9). This commentary considers to what extent the new legislation will assist in the protection of victims of domestic violence.

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Jan, Avrida. "Violence against Women with Special Reference to Domestic Violence Act, 2005." International Journal of Trend in Scientific Research and Development Volume-3, Issue-3 (2019): 1398–401. http://dx.doi.org/10.31142/ijtsrd23344.

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Agrahari, Kalpana Sanjeev. "Domestic Violence Act 2005: a Ray of Hope." Quest-The Journal of UGC-ASC Nainital 4, no. 1 (2010): 77. http://dx.doi.org/10.5958/j.0974-5041.4.1.010.

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Wan Talaat, Wan Izatul Asma, Shaik Mohd Noor Alam S.M. Hussain, and Junaidah Abd Karim. "The Malaysian Domestic Violence Act 1994: An Overview." International Journal of Interdisciplinary Social Sciences: Annual Review 3, no. 7 (2008): 179–86. http://dx.doi.org/10.18848/1833-1882/cgp/v03i07/52662.

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Slabbert, Ilze. "Domestic Violence and Poverty." Research on Social Work Practice 27, no. 2 (2016): 223–30. http://dx.doi.org/10.1177/1049731516662321.

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Purpose: Domestic violence poses a major challenge to social workers. Low-income families are significantly more likely to have to contend with domestic violence, as poverty can act as a fuelling factor in this type of conflict. The objective of this study was to explore and describe the experiences of low-income abused women. Method: A qualitative research approach was followed to explore and describe the phenomenon of low-income abused women. Purposive and snowball sampling were used to obtain 20 participants. Data were collected by means of semi-structured interviews. The data were categorized into four themes. Results: Domestic violence and poverty are issues that some women might experience. Low-income abused women are especially more vulnerable to domestic violence and poverty limits choices and resources. Conclusion: Domestic violence and poverty should be seen in a serious light. Social workers should recognise the complexity and correlation between domestic violence and poverty.

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Dearing, Albin. "The Austrian Act on the Protection against Domestic Violence." Temida 5, no. 3 (2002): 15–25. http://dx.doi.org/10.2298/tem0203015d.

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The past few years have seen a fundamental and broadly based change in the response to domestic violence perpetrated by men against women. The Act on Protection against Domestic Violence which entered into force on May 1st, 1997 reflects this new orientation, or rather this shift in paradigm, which has led to a new understanding of the phenomenon of domestic violence and defines appropriate response by the state by it. The impact of this shift in paradigm is considerable: not only have public authorities and private women?s institutions changed their attitudes towards domestic violence, but the general public now responds to this phenomenon in a manner that is entirely different from what it was prior to the approach. Reports on cases of violence no longer merely state the facts indifferently, but now invariably end with the question whether the authorities had been informed and whether they had taken any action to prevent the crime. Thus the public authorities have come to assume responsibility for combating domestic violence as a result of societal developments.

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Roff, Emma. "Family violence and the workplace: Recent developments in Australian law." Alternative Law Journal 45, no. 1 (2019): 45–51. http://dx.doi.org/10.1177/1037969x19887558.

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This article examines the workplace rights and anti-discrimination protections available for Australian workers who experience family violence. Despite the significance of family violence as a workplace issue, federal anti-discrimination law and, until recently, the Fair Work Act 2009 (Cth) have failed to provide adequate protection to such employees. The author considers two recent developments in Australian law which may provide more comprehensive rights and protections for family violence victims. Namely, the introduction of domestic violence leave by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (Cth) and the family violence attribute under the ACT Discrimination Act 1991.

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Ddamulira Mujuzi, Jamil. "The Namibian Combating of Domestic Violence Act in Practice." International Journal of Law, Policy and the Family 29, no. 2 (2015): 133–48. http://dx.doi.org/10.1093/lawfam/ebv004.

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Arief, Hanafi. "LEGAL PROTECTION AGAINST WOMEN VICTIMS BY THE INDONESIAN DOMESTIC VIOLENCE ACT 23, 2004." Sriwijaya Law Review 1, no. 1 (2017): 110. http://dx.doi.org/10.28946/slrev.vol1.iss1.12.pp110-121.

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Domestic Violence, particularly against women is a social phenomenon which tends to increase from year to year and even from day to day. Many countries enacted special legislation to protect women from domestic violence based on the United Nation Declaration on the Elimination of Violence Against Women (CEDAW). Indonesia adopted the conventions based on the Indonesian Act No. 7 of 1984 on the Convention on the Elimination of All Forms of Discrimination against Women, and issued Presidential Decree No. 9 of 1998 concerning the Commission on Violence against Women. Indonesia then enacted special legislation on domestic violence in 2004, namely Domestic Violence Act 23, 2004. This paper aims to understand how the Domestic Violence Act 23, 2004 protects women victims of domestic violence. The sources of law study are the basic rules and regulations, international conventions which have binding force legally. This is a library research using normative judicial approach, and the analysis is descriptive qualitative. The legal protection of women victims of domestic violence is an obligation, especially for countries that uphold human rights, because of the domestic violence constitutes crimes against humanity that are outstanding. This crime happens at any time either known or not, so it is described as an iceberg phenomenon. In addition, because this matter is private, many people do not want to intervene the matter. The strong culture of not interfering ones’ affairs also influences the police in law enforcement. Police often gives less respect for the report of the victims, and even ask the victims to go back to her husband or family

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Selmani-Bakiu, Arta, and MA Julinda Elezi. "Children as Victims of Domestic Violence – Deprivation of Parental Rights according to the Family Law Act of the Republic of North Macedonia and the Family Law Act of Kosovo." SEEU Review 16, no. 1 (2021): 30–44. http://dx.doi.org/10.2478/seeur-2021-0003.

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Abstract Domestic violence is one of the most serious forms of violation of basic human freedoms and rights regardless of ethnicity, gender, religion, and status. A reflection on many international statistics shows that women are the most frequent victims of domestic violence. Based on the definition of the phenomenon of domestic violence, the forms of abuse, the manner how violence is treated, the possibility of children, men, extramarital spouses, brothers, sisters, and old people living in an extended domestic community, of also being victims is not excluded. Since domestic violence is not only a national problem but a worldwide problem, international organizations have worked towards the eradication of this phenomenon by sanctioning it in various international conventions. Also, the legal systems of many countries prohibit and sanction domestic violence by special laws obliging the state authorities to act in all situations when there are indications that there are direct or indirect violent acts in a family. In this paper, the authors present only the domestic violence against children as an evident problem in families, but which is often unreported. The legal frameworks of the Republic of North Macedonia and Republic of Kosovo are presented in this paper with the aim to describe the material-legal and procedural-legal treatment of domestic violence by pointing out the failure of the state authorities in implementing the laws on protection and prevention of this phenomenon. The authors take the approach of only treating the legal consequences of child abuse by parents that in both legislations is deprivation of parental rights for the violent parent. They conclude that the state authorities should intensify their work in taking control measures towards all the families where there are suspicions that the parental rights are neglected, and the child is abused. Because many cases of abuse have not been detected or reported, and in both countries a special study especially on domestic violence against children does not exist, the possibility that the number for this type of child abuse is great.

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Angrayini, Wina, and Sri Endah Wahyuningish. "Regional Police Role Of Central Java In Prevention Of Domestic Violence Act In The Family." Jurnal Daulat Hukum 1, no. 4 (2018): 921. http://dx.doi.org/10.30659/jdh.v1i4.4007.

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Domestic violence is still a lot going on regardless of social strata, economic, age, education level even. Polri plays an important role in the prevention of the domestic violence act. The problem is analyzed using the theory and the theory of crime prevention role. The results showed that the Central Java Police's role in the response to domestic violence is at the preventive and repressive efforts. Preventive efforts to optimize the function Binmas in executing is Bhabinkamtibmas by conducting outreach and dissemination to the public. While the repressive efforts carried out through investigation procedure as the provisions of the legislation applicable to the mediation efforts remain to be done. The obstacles that appear in the response to domestic violence in the Central Java Police is the public perception of the cases of domestic violence is considered a regular problem and not a criminal case, the lack of a witness in the trial of domestic violence, limited human resources and infrastructure to protect the victim. As an attempt to overcome these obstacles is to change the public perception that by doing counseling and socialization of domestic violence is routine and ongoing, came to address the witness for questioning as a witness, working with agencies / NGOs and by following the development education specialist of Polwan PPA. Associated with limited facilities and infrastructure in the protection of victims is cooperation with NGOs that provide shelter.Keywords: Prevention; Domestic Violence Act

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Wagers, Shelly M., and Jennifer Wareham. "Does Training and Coursework in Domestic Violence Affect Students' Perceptions of Behaviors as Domestic Violence?" Violence and Victims 34, no. 1 (2019): 85–103. http://dx.doi.org/10.1891/0886-6708.34.1.85.

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Some argue that training and/or coursework in domestic violence (DV) could impact the beliefs criminal justice (CJ) majors have about DV and, in turn, affect their future job performance in cases involving victims of DV. This study examined the association of previous education and training in DV on the beliefs college students hold about what behaviors qualify as DV. Further, it examined the association between CJ versus non-CJ majors on beliefs about DV behaviors. Results indicated prior education on DV, but not training outside of coursework, was associated with differences in students' beliefs about acts of sexual aggression qualifying as DV. Education and training on DV were not significantly related to differences in beliefs about acts of physical or verbal/emotional aggression being DV. Moreover, CJ majors are less likely to believe that verbal/emotional aggression was an act of DV, compared to non-CJ majors. Implications of these findings for policy and educational efforts impacting CJ majors are discussed.

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Wagers, Shelly M., and Jennifer Wareham. "Does Training and Coursework in Domestic Violence Affect Students' Perceptions of Behaviors as Domestic Violence?" Violence and Victims 34, no. 1 (2019): 85–103. http://dx.doi.org/10.1891/0886-6708.vv-d-17-00140.

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Some argue that training and/or coursework in domestic violence (DV) could impact the beliefs criminal justice (CJ) majors have about DV and, in turn, affect their future job performance in cases involving victims of DV. This study examined the association of previous education and training in DV on the beliefs college students hold about what behaviors qualify as DV. Further, it examined the association between CJ versus non-CJ majors on beliefs about DV behaviors. Results indicated prior education on DV, but not training outside of coursework, was associated with differences in students' beliefs about acts of sexual aggression qualifying as DV. Education and training on DV were not significantly related to differences in beliefs about acts of physical or verbal/emotional aggression being DV. Moreover, CJ majors are less likely to believe that verbal/emotional aggression was an act of DV, compared to non-CJ majors. Implications of these findings for policy and educational efforts impacting CJ majors are discussed.

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Дмитращук, О. С. "FOREIGN EXPERIENCE OF DOMESTIC VIOLENCE PREVENTION." Juridical science, no. 1(103) (February 19, 2020): 284–92. http://dx.doi.org/10.32844/2222-5374-2020-103-1.34.

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The relevance of the article is that the analysis of the legislation of foreign countries gives grounds to assert that in most countries of the world legislation on combating domestic violence has not yet been adopted, and in those countries that have laws to prevent domestic violence has not yet had sufficient experience. combating this socially dangerous phenomenon, and some countries completely ignore measures related to domestic violence, although they have laws to combat domestic violence. The article examines the most positive experience in preventing domestic violence in Europe and other countries. It is established that the most acceptable for Ukraine is a positive experience in preventing domestic violence in European countries. It has been established that in Austria the police are empowered to evict offenders and impose prohibition orders. The country has established “intervention centers” that provide free counseling, assistance and support to victims of domestic violence. In the Republic of Bulgaria, such a form of punishment is provided as public condemnation, which is manifested in the public condemnation of the violator before the labor collective in which he works or before the organization of which he is a member. It was found that the practice of cooperation between the police and the community in overcoming the problem of domestic violence, which is regulated by the Claire Act, is relevant. In the Federal Republic of Germany, domestic violence is not only aggressive and violent acts between a woman and a man, but also between children, parents, sisters and brothers. It is emphasized that in the Republic of Poland the public condemnation of the criminal act of the offender is a positive experience, because for offenders it is more unpleasant to condemn society than legal responsibility. In the United States, children’s social services are focused not only on the child, but also on the family as a whole. There are government and community commissions to investigate cases of violence in this state, and special shelters have been set up to house women with children who have left their homes due to ill-treatment.

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Leasa, Elias Zadrach. "Aspek Legal Spirit Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga." SASI 24, no. 2 (2019): 168. http://dx.doi.org/10.47268/sasi.v24i2.131.

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Families are places where everyone in the family feels safe and comfortable from acts o violence, but in reality violence also accurs whitin the family. The enactment of Law No. 23 of 2004 on the abolition of domestic violence (hereinafter referred to as the Law of Domestic Violence) aims to prevent all forms of domestic violence, protect domestic violence victims, prosecute domestic violence perpetrators, and maintain wholeness harmonious and prosperous households. In handling it is sometimes resolved peacefully. This raises the question of whether the Law on Elimination of Domestic Violence has guaranteed the settlement of Domestic Violence according to its objectives? All forms of violence against women and children constitute a violation of human rights, so it is necessary to be protected by their dignity and dignity and guaranteed their right to life in accordance with their nature and nature without discrimination. The Criminal Act contained in Article 5 of the Act states that prohibited violence is physical violence, psychological violence, sexual violence, or neglect of the household. Many cases of domestic violence are reported but not a few are repealed by the victim for various reasons, such as still loving the perpetrator, and the perpetrator is the breadwinner in the household. The resolution of cases of domestic violence is also up to the court's decision, but this certainly brings the consequences of the objective of the Law on Elimination of Domestic Violence. Despite all forms of prevention of domestic violence, protecting the victim, prosecuting the perpetrator is reached but if the case is passed on to the court decision whether the goal of maintaining a harmonious and prosperous household unity can be achieved. The resolution of domestic violence requires the wisdom of the Law Enforcers (Police, Prosecutors, Judges).

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Azumah, Francess Dufie, Nachinaab John Onzaberigu, and Mensah Manfred. "Incidence of Domestic Violence Against Women and Children." International Journal for Innovation Education and Research 5, no. 3 (2017): 16–30. http://dx.doi.org/10.31686/ijier.vol5.iss3.629.

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The incidence of domestic violence is a source of great worry to society at large. Victims are suffering while perpetrators seem to be enjoying the act. While children and women are been abused at homes and domestic settings, authorities responsible to protect and safeguard themselves show gross reluctant in their operations and measures to help victims of domestic violence. This is an act serious violation of human right calls for empirical investigation on reported cases of domestic violence against women with the domestic violence and victims support unit at the Asokwa Police station in Kumasi-Ghana. The study sought to identify the major causes of domestic violence at victims home, the effects of domestic violence on women and children and ways to curb domestic violence against women and children. The study adopted a case study design where data was collected through questionnaire and victims records on reported domestic violence. The study revealed that domestic violence has negative effects on victims as respondents indicated that they suffered from injuries, guilt, anger, depression/anxiety, shyness, nightmares, disruptiveness, irritability, and problems getting along with others. The study found that children who experience domestic violence perform poor in schools and experience vicarious trauma, show signs of exaggerated startle response, hyper-vigilance, nightmares, and intrusive thoughts. The study recommended that law enforcement authority such as the police should victims by ensuring that perpetrators are given the right punishment to serve as deterrence for future offenders.

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Gillespie, Alisdair A. "Guides to the Domestic Violence, Crime and Victims Act 2004." Legal Information Management 5, no. 4 (2005): 263. http://dx.doi.org/10.1017/s1472669605211039.

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Hitchings, Emma. "A Consequence of Blurring the Boundaries – Less Choice for the Victims of Domestic Violence?" Social Policy and Society 5, no. 1 (2006): 91–101. http://dx.doi.org/10.1017/s1474746405002770.

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If the main aim of civil law is to regulate and improve matters for the future, by, for example, making orders about the future behaviour of parties rather than punishing past behaviour (criminal law), then a fundamental question is whether the civil law is adequately fulfilling these requirements regarding domestic violence. This is a particularly pertinent question given the implementation of the Domestic Violence, Crime and Victims Act 2004. This article will examine whether the Government's reforms offer protection to all victims of domestic violence as proposed in the Consultation Paper ‘Safety and Justice’ and will suggest that instead of achieving a clear coherent framework for dealing with domestic violence, the Act has taken a step towards blurring the boundaries between the criminal and civil law.

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Rusakaniko, Simbarashe, A. Mushunje, and O. Muchemenye. "Domestic violence against married women in a peri-urban area of Chitungwiza, Zimbabwe." Journal of Clinical Epidemiology 50 (January 1997): S39. http://dx.doi.org/10.1016/s0895-4356(97)87293-9.

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Vogt, Tertia, and Abraham P. Greeff. "The Impact of an Interim Protection Order (Domestic Violence Act 116 of 1998) on the Victims of Domestic Violence." Families in Society: The Journal of Contemporary Social Services 91, no. 1 (2010): 45–51. http://dx.doi.org/10.1606/1044-3894.3958.

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Franceschet, Susan. "Explaining Domestic Violence Policy Outcomes in Chile and Argentina." Latin American Politics and Society 52, no. 03 (2010): 1–29. http://dx.doi.org/10.1111/j.1548-2456.2010.00088.x.

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Abstract This article explains why Chile has outperformed Argentina in policy responses to the problem of domestic violence. It argues that policy variation is due to both macro-level institutional features (state capacity and centralization) and to more contingent political factors that shape the structure, role, and resources of the women's policy agencies that coordinate and implement domestic violence policies. The initial design of Chile's National Women's Service has allowed it to act as a crucial “insider” ally to advocacy groups. In contrast, Argentina's National Women's Council has suffered repeated downgrading and loss of resources due to ideological conflicts and changes in government, rendering it unable to coordinate policy responses to domestic violence effectively or to act as an ally to advocates inside and outside the state seeking increased resources and more effective policy responses to violence against women.

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Mungwari, Teddy. "Zimbabwe Post Election Violence: Motlanthe Commission of Inquiry 2018." International Journal of Contemporary Research and Review 10, no. 02 (2019): 20392–406. http://dx.doi.org/10.15520/ijcrr.v10i02.675.

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Zimbabwe held its national elections on 30 July 2018. The electoral process was generally peaceful until 1 August 2018, when demonstrators took to the streets of Harare demanding the immediate release of the presidential election results. Arguably, the police failed to contain the situation and sought the assistance of the military which fired live ammunition to unarmed civilians. By end of 1 August 2018, at least six (6) people had been tragically killed; injury of thirty-five (35), and extensive damage and destruction of property had been caused. Following these incidents, on 12 September 2018, the President of the Republic of Zimbabwe, His Excellency Emmerson Dambudzo Mnangagwa, appointed a Commission of Inquiry in terms of Section 2(1) of the Commission of Inquiry Act [Chapter 10:07] through Proclamation 6of 2018 published in Statutory Instrument 181 of 2018, to investigate matters of public welfare arising out of the tragic events in Harare on 1 August 2018. This article argues that the Motlanthe Commission of Inquiry was biased against main opposition. The article concluded that the coverage of the public hearings was polarized and that Zimbabwe is a divided and polarized state. This article contributes towards policy and reform changes.

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King, Ruby. "Digital Domestic Violence: Are Victims of Intimate Partner Cyber Harassment." Victoria University of Wellington Law Review 48, no. 1 (2017): 29. http://dx.doi.org/10.26686/vuwlr.v48i1.4770.

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The role of technology in intimate partner violence is becoming increasingly common. Intimate partner cyber harassment is a subset of "digital domestic violence", whereby partners and ex-partners use technology to stalk and harass their victims. This article examines intimate partner cyber harassment, discussing the nature of the behaviour, its prevalence in New Zealand and the damaging impact it has on its victims. The focus, however, is on New Zealand's legislative response. The conclusion reached is that despite the recent introduction of the Harmful Digital Communications Act 2015 and the review of both the Harassment Act 1997 and the Domestic Violence Act 1995, protections for victims of cyber harassment in the context of intimate partner violence remain ineffective. The current legislation fails to fully appreciate the complex issue and protections for victims lie behind procedural barriers. This article recommends that amending existing legislation is the most desirable solution as it enables pre-existing protections to be utilised to more effectively apply to and thus protect victims of intimate partner cyber harassment.

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Edwards, Susan. "The Duplicity of Protection—Prosecuting Frightened Victims: An Act of Gender-Based Violence." Journal of Criminal Law 76, no. 1 (2012): 29–52. http://dx.doi.org/10.1350/jcla.2012.76.1.749.

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This article considers the recent developments in the prosecution of perpetrators and victims of domestic violence, and focuses on domestic and European Court of Human Rights' jurisdiction. Particular consideration is given to hearsay and bad character provisions (Criminal Justice Act 2003) in bolstering the prosecution of perpetrators. The article examines the application by judges of the ‘interests of justice’ and ‘fairness' tests in the admission of such evidence. The recent prosecution of victims of domestic violence for contempt of court and perverting the course of justice because of their failure to give evidence is a serious breach of the state's obligation to protect, is vindictive and oppressive and, as such, perpetuates gender-based violence.

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Spies, Amanda. "Continued State Liability for Police Inaction in Assisting Victims of Domestic Violence: A Reflection on the Implementation of South Africa's Domestic Violence Legislation." Journal of African Law 63, no. 1 (2019): 53–77. http://dx.doi.org/10.1017/s0021855319000081.

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AbstractNow that it has been in operation for 20 years, it is necessary to reflect on the impact the South African Domestic Violence Act has had on women's lives. This article analyses this key legislation and the police's duty to ensure its proper implementation. It focuses on the reports of the Independent Complaints Directorate and Civilian Secretariat of Police, the bodies responsible for measuring police compliance with the act. The reports identify serious transgressions, highlighting the police's perception that domestic violence is a private affair with which it should not interfere. This perception plays a particularly subtle and destructive role in legitimizing, supporting and permitting violence against women. In focusing on key court decisions in which the state (police) was held financially accountable for the failure to protect women against violence, the author highlights the importance of challenging the social and legal understanding of women's experiences with violence in promoting a system that takes account of those experiences.

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Mohammed Na'aim, Mohd Safri, Ramalinggam Rajamanickam, and Rohaida Nordin. "FEMALE VICTIMS OF DOMESTIC VIOLENCE AND THEIR RIGHTS TO COMPENSATION IN MALAYSIA." Journal of Nusantara Studies (JONUS) 4, no. 1 (2019): 384. http://dx.doi.org/10.24200/jonus.vol4iss1pp384-400.

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In Malaysia, victims of domestic violence including women may seek protection under the Domestic Violence Act 1994 (Act 521) (hereinafter “DVA 1994”). Pursuant to section 10 of the DVA 1994, female victims of domestic violence (hereinafter “FVDV”) have the right to claim compensation from their husbands or former husbands (hereinafter “Abusive Husbands”). The criminal court also has jurisdiction to make a compensation order as stated under section 426 (1A) of the Criminal Procedure Code (Act 593) (hereinafter “CPC”). A qualitative approach was used for this research, consisting of a detailed analysis of the DVA 1994, CPC, Penal Code (Act 574), case laws, journals, newspapers and scholarly writings related to this area. Based on the findings, there are shortcomings within both provisions which may affect the FVDV’s claim for compensation. Thus, it is timely to propose amendments and reforms to enhance their rights. These include the insertion of a provision stressing that the claim for compensation under section 10 of the DVA 1994 can be applied through a stand-alone application, the inclusion of a provision allowing the compensation order to be initiated by the court on its own motion or upon the application by the FVDV themselves, imposing a responsibility on the court to give reasons if the court decides to disallow the application for compensation made, explaining the legal consequence to the offender should the offender fail to comply with the compensation order, and alternatively to consider a state-funded compensation scheme to provide immediate financial assistance to FVDV without going through the court process. Keywords: Abusive husbands, domestic violence, female victims of domestic violence (FVDV), right to compensation. Cite as: Mohammed Na’aim, M. S., Rajamanickam, R., & Nordin, R. (2019). Female victims of domestic violence and their rights to compensation in Malaysia. Journal of Nusantara Studies, 4(1), 384-400. http://dx.doi.org/10.24200/jonus.vol4iss1pp384-400

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Abu Yazid Adnan Quthny. "Islam dan KDRT (Tinjauan Hukum Islam terhadap Praktek Kekerasan dalam Rumah Tangga)." Asy-Syari’ah : Jurnal Hukum Islam 4, no. 1 (2018): 1–18. http://dx.doi.org/10.36835/assyariah.v4i1.98.

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Cases of domestic violence or domestic violence are still a frequent phenomenon in people's lives. Not infrequently, the violence produces physical harm to the victim. The perpetrators of Violence often defend themselves with the rogue, what it does is a right guaranteed in culture and religion.In a patriarchal society, the act of domestic violence is often not a serious problem. In fact, not infrequently the women to close the meeting of the actions of his partner because it is considered a disgrace of the husband. In Indonesia, the biggest religion is Islam.Namun in the last 10 years, the number of domestic violence is quite alarming.A narrow religious understanding, as well as the women's permissive culture of domestic violence become one of the root causes of the problem, why such action is still ongoing. Islamic law, which in fact provides high positions for women, is much reduced to justify acts of domestic violence. Keywords: Islam, KDART, Violence, Household Appliances

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Bhandari, Shreya. "Analysis of Violence Against Women Act and the South Asian Immigrants in the United States." Advances in Social Work 9, no. 1 (2008): 44–50. http://dx.doi.org/10.18060/170.

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The issue of domestic violence among South Asian immigrant population in the United States is examined in the light of the Violence Against Women Act. The paper gives a background to the issue of domestic violence in the South Asian community and examines the Violence Against Women Acts of 1994, 2000 and 2005 with regard to issues affecting South Asian women. It addresses issues around marriage and has emphasized the difficulties of women with dependent immigration status. Policy alternatives are examined and discussed with regard to efficacy and efficiency of the policy.

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Caritus, Mazibuko Nokuthula, and Ikechukwu Umejesi. "The Public Accounts of a ‘Private’ Act: Domestic Violence in the Eyes of Mamelodi, a South African Township." Multidisciplinary Journal of Gender Studies 8, no. 1 (2019): 48. http://dx.doi.org/10.17583/generos.2019.3307.

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Domestic violence against women is a serious social and public health problem facing women in South Africa and other countries. This social malaise in South Africa is often seen as “private” – committed within the home space, or “imperceptible” to the public. In other words, domestic violence is framed as a phenomenon that takes place exclusively behind the closed doors of the home. This study contends with this notion of “imperceptibility” in the domestic violence discourse. Using qualitative data from Mamelodi, a black township in Pretoria, South Africa, this paper argues that the notion of imperceptibility is reductionist and helps to perpetuate the act. The commission of domestic violence does not only take place in the privacy of the home; it is also committed in public, and it is visible to the community where it takes place.

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Soshnikova, Irina Vladimirovna. "The Problem of Domestic Violence Against Women in Russia and Possible Solutions." Общество: социология, психология, педагогика, no. 11 (November 27, 2020): 32–35. http://dx.doi.org/10.24158/spp.2020.11.5.

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The paper analyzes the social and legal aspects of the problem of domestic violence against women in Russia. The United Nations defines violence against women as “any act of gender-based violence that causes or is likely to cause physical, sexual or psy-chological harm or suffering to women, including threats of such acts, coercion or arbitrary depriva-tion of liberty, whether in public or private life”. The victim characteristics of women and their social vul-nerability are analyzed. Negative stereotypes about violence against women in the family are empha-sized. The main differences between violence against strangers and domestic violence are re-vealed. A set of measures has been developed to solve the problem of domestic violence.

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Djannah, Fathul, and Muhammad Rizal. "Law Enforcement Against Perpetrators of Domestic Violence in terms of Legislation and Islamic Law." Britain International of Humanities and Social Sciences (BIoHS) Journal 2, no. 1 (2020): 109–19. http://dx.doi.org/10.33258/biohs.v2i1.155.

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The aims of the study is to find out the law enforcement against perpetrators of domestic violence in terms of legislation and islamic law. this research was conducted by examining library materials or secondary data relating to divorce on the grounds of domestic violence. Furthermore, using a normative juridical approach, it is intended to get clarity about divorce on the grounds of domestic violence. The result shows that the criminal law policy in the formulation of a system of criminal sanctions against perpetrators of a crime in domestic violence according to the provisions of the Domestic Violence Act (UUPKDRT) uses an alternative formulation system type. Criminal sentences in the form of imprisonment or fines with minimum and maximum rules. In Article 44 (physical violence), Article 45 (psychological violence), and Article 49 (neglect) there is no stipulation of a criminal minimum limit that only mentions a maximum limit

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Triana, Nita. "URGENCY CRITICAL LEGAL STUDIES PARADIGM FOR THE PROTECTION OF WOMEN VICTIMS OF DOMESTIC VIOLENCE IN THE DIVORCE CASE." Syariah Jurnal Hukum dan Pemikiran 18, no. 2 (2018): 167. http://dx.doi.org/10.18592/sy.v18i2.2276.

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This research describes the protection of women victims of domestic violence in divorce cases. Domestic violence victims are hidden in divorce cases in the Religious Courts. The positivistic paradigm adopted by the Judges gives less protection to victims of domestic violence. The method used in this study is a qualitative method, a type of doctrinal legal research with a socio-legal approach. Domestic violence victims in the Religious Courts need a new paradigm to provide protection for victims of domestic violence. Religious Court Judges who have a positivistic paradigm see the law as a book (act). The judge in examining the domestic violence in divorce only adheres to the law relating to marriage, namely Law No. 1 of 1974 and Compilation of Islamic Law. Paradigm of Critical Legal Studies. build critical awareness in law enforcement by improving the legal system and carrying out a reformation in the institutions responsible for the protection of victims of domestic violence, one of which is the Religious Courts. Also consider the PKDRT Law No. 23 of 2004 concerning the elimination of domestic violence even covering legal culture of family, community, health and psychological.

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Merry, Sally Engle. "Narrating Domestic Violence: Producing the “Truth' of Violence in 19th- and 20th-Century Hawaiian Courts." Law & Social Inquiry 19, no. 04 (1994): 967–93. http://dx.doi.org/10.1111/j.1747-4469.1994.tb00945.x.

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Stories told by and about men who batter women in the courts of Hawai in the mid-19th century and in the late 20th century are strikingly similar. Courts, then as now, accept some justifications for battering and reject others, in the process constructing the boundary between legitimate and illegitimate violence. Throughout this period, the legal system claimed to focus only on the violent act itself, not the emotional or personal violation. The law interprets the violence as brute fact, knowable without regard to the social relationship or system of cultural meanings within which it occurs. There are persistent contradictions between the law's construction of domestic violence as an unambiguous physical act and litigants' and judges' views that these violent acts are moments within the social dynamics of gendered power relations. At the same time, there are recurrent tensions between the efforts of the legal system to portray violent acts against women in terms of rational categories of action and, in contrast, the experience of violence and the meanings within which it occurs that are often opaque to such sense-making, defiant of a simple means-ends calculus.

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Simović, Darko. "Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective." Srpska politička misao 66, no. 4/2019 (2020): 193–206. http://dx.doi.org/10.22182/spm.6642019.9.

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The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

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Mohd Norowi, Noris, Siti Norhanida Hairudin, and Lili Nurliyana Abdullah. "RELAYVIO: MOBILE APPLICATION FOR DOCUMENTING DOMESTIC VIOLENCE." Asia-Pacific Journal of Information Technology and Multimedia 10, no. 01 (2021): 63–73. http://dx.doi.org/10.17576/apjitm-2021-1001-06.

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RelayVio is designed and developed as android based mobile applications for all users, particularly users of domestic violence victims and their families in Malaysia. The main function of this app is to encourage domestic violence victims to document evidence of violence by way of writing notes, capturing images and recording dates and times of the occurrence. The app also allows victims to sending messages to a domestic violence hotline (Talian Nur), or can directly connect to 999 in the event of an emergency. The app also aims to educate the general public on the signs, dangers and help they can get relating to domestic violence abuse, through the use of animation (3D stop motion). getting information about the act of domestic violence. The method used in the development of mobile applications is ADDIE, which consists of analysis, design, system development, implementation and evaluation. An interview with a sociologist was conducted as an expert review, as well as a usability study of the app. Results show that the majority of the participants agreed that RelayVio app will be able to facilitate victims of domestic violence to gather information and keep documentation of the abuse as a form of evidence against their abusers.

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Cipto, Cipto. "Protection To The Victims of Domestic Violence Crime (Case Study In Kudus Police)." Jurnal Daulat Hukum 1, no. 4 (2018): 927. http://dx.doi.org/10.30659/jdh.v1i4.4008.

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�Family violence or who is often called it with domestic violence is a universal problem faced by a country. This research to know and analys the application of the law and protection to victims of criminal acts of domestic violence, as well as the barriers and solutions in the protection of victims of domestic violenceThis research using empirical juridical approach or commonly referred to as the Juridical Sociological. The research is specified as descriptive analytical research.The results of this study are (1) a form of protection of domestic violence victims temporary and permanent protection of the court less attention. (2) Barriers in Implementing Law Enforcement Protection of Victims of Domestic Violence, namely: a. Domestic violence is often not reported to the police, because the victims felt shame; b. If the case had no complaints are often the victim withdraws the complaint and intends to settle the case in family. The conclution in this research that the legal protection for victims of domestic violence according to Act No. 23 of 2004 on the Elimination of Violence in the household is necessary. Obstacles of domestic violence is often not reported to the police. If the case has a complaint often the victims withdraw their complaint and intend to settle cases in a family manner.Keywords: Legal Protection; Victims of Domestic Violence.

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Mogale, Ramadimetja S., Kathy Kovacs Burns, and Solina Richter. "Violence Against Women in South Africa." Violence Against Women 18, no. 5 (2012): 580–94. http://dx.doi.org/10.1177/1077801212453430.

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Violence against women (VAW) in South Africa remains rampant, irrespective of human rights– focused laws passed by the government. This article reflects on the position of two acts: the Domestic Violence Act No 116 of 1998 and Criminal Law (Sexual Offense and Related Matters) Act No 32 of 2007. Both are framed to protect women against all forms of violence. The article discusses the prisms of the two laws, an account of the position taken or interpreted by the reviewed literature regarding the acts, and the findings and recommendations regarding the infrastructure and supports needed to appropriately implement the two acts.

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Mukhopadhyay, Amrita. "Found and Lost in Translation: Exploring the Legal Protection of Women from the Domestic Violence Act 2005 Through the Social Public Space of Kolkata." Social & Legal Studies 28, no. 3 (2018): 349–69. http://dx.doi.org/10.1177/0964663918769473.

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The Protection of Women from Domestic Violence Act 2005 (PWDVA) came into effect on 26 October 2006. The PWDVA introduced several legislative innovations that either are proclaimed as landmarks or remain underscored in the commentaries of the PWDVA. This article attempts to explore the landmark and the mundane PWDVA aspects by examining the implementation of the PWDVA through the relation between the formal legal sphere and the social sphere. It aims to examine how and in what ways has the formal domestic violence law fostered a legal culture engendering legal literacy of ordinary women and men. In doing so, the article explores how the implementation of the PWDVA responds to a particular sociocultural context of women experiencing violence at the hands of family members in India and offers a legal conception of domestic violence that is significantly different from the Western notion of domestic violence as interpersonal violence between two individuals.

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Clayton-Helm, Lauren. "To punish or not to punish? Dealing with death or serious injury of a child or vulnerable adult." Journal of Criminal Law 78, no. 6 (2014): 477–85. http://dx.doi.org/10.1177/0022018314557410.

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This article examines the Domestic Violence, Crime and Victims (Amendment) Act 2012, and how it has further developed the law in order to punish offenders where there are multiple defendants, and it is clear one of them caused death or serious physical harm to a child or vulnerable adult. Having considered how the 2012 Amendment Act developed the law from the position under the Domestic Violence, Crime and Victims Act 2004, the article also explores what the 2004 Act failed to address. Some of the terminology used in the 2004 Act is problematic and was not considered by the 2012 Amendment Act. This article considers that terminology in further detail before asserting that, despite it remaining as problematic, the 2012 Amendment Act has still made an important step forward in the law, and has bridged a gap to ensure more guilty defendants are punished.

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Caputo, Richard K., and Francis M. Moynihan. "Family Options: A Practice/Research Model in Family Violence." Social Casework 67, no. 8 (1986): 460–65. http://dx.doi.org/10.1177/104438948606700802.

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A practice/research model in the area of family violence is described. Special attention is focused on how this intervention strategy targets and influences families that experience violence and the judicial and law-enforcement agencies responsible for implementing Illinois's Domestic Violence Act.

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Weatherall, Ruth, Mihajla Gavin, and Natalie Thorburn. "Safeguarding women at work? Lessons from Aotearoa New Zealand on effectively implementing domestic violence policies." Journal of Industrial Relations 63, no. 4 (2021): 568–90. http://dx.doi.org/10.1177/0022185621996766.

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Although domestic violence is increasingly acknowledged as a workplace issue and a gender equality issue, a gap remains in the effective implementation of domestic violence policies in workplaces. The Domestic Violence – Victims Protection Act passed in 2018 in Aotearoa New Zealand was a global landmark for holding workplaces accountable for safeguarding victims through a codification of employer responsibility. While the legislation is a milestone, such moves are nascent compared with other workplace gender equality initiatives. In this article, we assess ‘where we are now’ in relation to domestic violence policy initiatives, arguing that knowledge necessary for successful policy implementation is limited by the historical ‘gender blindness’ of industrial relations scholarship. For successful implementation, scholars and practitioners must understand domestic violence as a public issue embedded in broader patterns of gender inequality, reinforced by a gendered labour market. Drawing upon vignettes of victims’ experiences from empirical data on intimate partner stalking in Aotearoa New Zealand, a research and practice agenda is proposed to consider ‘where to next’ for implementing domestic violence policies. Our agenda proposes recognising domestic violence as a gendered, public issue which blurs boundaries between work, home and society in order to truly safeguard women at work.

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Ginting, Andro Giovani, Vici Utomo Simatupang, and Sonya Arini Batubara. "RESTORATIVE JUSTICE SEBAGAI MEKANISME PENYELESAIAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA." JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana 1, no. 2 (2019): 180. http://dx.doi.org/10.46930/jurnalrectum.v1i2.225.

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There are many domestic violence settlements that do not satisfy the sense of justice, especially for the victims and subordinates in household. The result of this dissertation showed: first, the settlement of domestic violence in fact was settled by Act No. 23 of 2004 as lex specialis. The setlements of domestic violence cases based on that rule, empirically emphasized more on the criminal sanction, so that the purpose of preventive, protective and consolidative was not fulfilled. Second, the research concluded that domestic violence was a case with multidimensional settlement because there was the scope of the civil and criminal sphere on the other side. Therefore, it needed a medium in the system that could accommodate the completion of the case, one of which was restorative justice approach.

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Oktasari, Maria, Hayu Stevani, and Solihatun Solihatun. "KAJIAN TEORITIS LAYANAN KONSELING UNTUK KORBAN KEKERASAAN DALAM RUMAH TANGGA (KDRT)." Psikodidaktika: Jurnal Ilmu Pendidikan, Psikologi, Bimbingan dan Konseling 3, no. 1 (2018): 12. http://dx.doi.org/10.32663/psikodidaktika.v3i1.297.

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Domestic violence is an act against someone especially women which resulted in the incidence of misery or suffering physical, psychological, sexual and/or abandonment of the household including the threat to doing the deed, coercion or deprivation of freedom are against the law in the sphere of the household (UU No. 23 Th 2004). The incidence of suffering physical, psychological, and sexual abuse on victims of domestic violence will have an impact on the lives of either not effective daily. Therefore, the impact of which must be overcome. There are several ways to help cope with the impact of, the one with the granting of domestic violence counselling services to the victims. Granting counselling service aims to help overcome the problems experienced by victims of domestic violence. How the shape of the counselling services provided for victims of domestic violence will be discussed in this paper.

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Singh, Ajay Kumar. "Role of judiciary in the effective implementation of domestic violence act, 2005." VIDHIGYA: The Journal of Legal Awareness 10, no. 2 (2015): 16. http://dx.doi.org/10.5958/0974-4533.2015.00008.1.

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Musgrove, Amy, and Nicola Groves. "The Domestic Violence, Crime and Victims Act 2004: Relevant or ‘Removed’ Legislation?" Journal of Social Welfare and Family Law 29, no. 3-4 (2008): 233–44. http://dx.doi.org/10.1080/09649060701752257.

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Journal articles on the topic 'Domestic Violence Act (Zimbabwe)'

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