The Times Australia
Google AI
The Times World News

.

Victims need to be protected – regardless of whether they are testifying in family court or criminal court

  • Written by Carrie Leonetti, Associate Professor of Law, University of Auckland, Waipapa Taumata Rau

Victims who experience family violence in Aotearoa New Zealand are treated differently, depending on which part of the justice system they turn to for help. But a new member’s bill[1] before parliament could change all that.

Currently, our law guarantees special protections for victims in the criminal justice system but not those in the Family Court.

Victims who testify in criminal proceedings are entitled to give evidence by alternate means, typically some combination of prerecording their evidence and testifying remotely.

While the Family Court can apply these protections to victims who testify in child protection or family law cases, they are not required to do so. In practice, it’s rare to allow victims to testify via these alternate means in Family Court proceedings.

This means people who have experienced family and sexual violence may be required to testify in person in the Family Court. Victims are often face-to-face and with little physical distancing between themselves and their alleged perpetrators.

Extending protections

Labour MP Tracey McLellan recently introduced the Evidence (Giving Evidence of Family Violence) Amendment Bill[2] to extend some of the special protections in criminal proceedings involving family and sexual violence to Family Court proceedings.

This is an important first step to implementing the “no wrong door” principle outlined in the Ministry of Justice’s Family Violence and Risk Assessment Management Framework[3]. The principle is victims should receive a consistent and safe response regardless of which door they knock on for help.

Read more: Taking the Treaty out of child protection law risks making NZ a global outlier[4]

If anything, protection for victims is more important in the Family Court than in the criminal courts. This is because family proceedings are private, civil proceedings that the parties initiate and prosecute themselves.

Victims in the criminal courts have police, prosecutors, and support workers from Victim Support to assist them. But victims in the Family Court are often left alone to navigate a complex, hostile system.

Meanwhile, some perpetrators initiate or prolong these proceedings as a form of “systems abuse[5]” – weaponising the judicial system to prevent their victims from escaping their control and abuse. This approach inflicts additional harm on victims.

scales of justice and gavel in front of New Zealand flag.
Victims of violence have very different experiences based on whether their case is in the criminal justice system or the Family Court. studiocasper/Getty Images[6]

More support is needed

The member’s bill is a good step towards improving the system. But more needs to be done to improve the process for victims of violence or abuse.

This includes requiring police to seek protection orders on behalf of victims. In criminal cases, police can seek non-contact restrictions so victims don’t have to pay legal fees to do so for themselves.

In Massachusetts[7] in the United States, a victim witness advocate from the prosecutor’s office helps victims complete the paperwork for protection orders and offers them the option of filing criminal charges against their abusers, and a court advocate helps them through the proceedings.

Meanwhile, in Tasmania[8], the police can issue final family violence orders on the spot without requiring victims to undergo lengthy and burdensome court processes.

In Aotearoa New Zealand several improvements could be made to make the system less dangerous for victims.

This includes providing victims with free legal representatives (the equivalent of prosecutors) in child custody cases involving family violence or protection order cases. This would mean victims don’t have to spend their life savings (or get into debt) trying to get protection.

Read more: Why it's so hard to prosecute cases of coercive or controlling behaviour[9]

The Family Court could also be staffed with forensic investigators (the equivalent of police) to investigate claims of abuse and gather supporting evidence so that victims don’t have to struggle to do this themselves.

Children who have experienced family violence could also be given the right to participate safely and directly in proceedings that affect them – as they do when they are complainants in criminal proceedings.

The Victims’ Rights Act[10] and the services of Victim Support could be extended to include child-protection and family law proceedings. Victims would then receive the same support and practical assistance in the Family Court they currently receive in criminal proceedings.

Accident Compensation Corporation (ACC) coverage could also be extended for sexual abuse and assault to cover all family violence reports and not just criminal assaults.

Family violence isn’t a family matter. It’s a public health problem and a human rights violation.

When a family violence perpetrator inflicts abuse on other members of their family, we have an obligation as a society to protect their victims from further abuse and help them heal from past trauma.

We must keep working to improve the process for victims who have taken the brave first step of seeking help and find themselves in the Family Court.

References

  1. ^ new member’s bill (www.legislation.govt.nz)
  2. ^ Evidence (Giving Evidence of Family Violence) Amendment Bill (www.legislation.govt.nz)
  3. ^ Family Violence and Risk Assessment Management Framework (www.justice.govt.nz)
  4. ^ Taking the Treaty out of child protection law risks making NZ a global outlier (theconversation.com)
  5. ^ systems abuse (www.victimsupport.org.nz)
  6. ^ studiocasper/Getty Images (www.gettyimages.com.au)
  7. ^ Massachusetts (plymouthda.com)
  8. ^ Tasmania (www.legislation.tas.gov.au)
  9. ^ Why it's so hard to prosecute cases of coercive or controlling behaviour (theconversation.com)
  10. ^ Victims’ Rights Act (www.legislation.govt.nz)

Read more https://theconversation.com/victims-need-to-be-protected-regardless-of-whether-they-are-testifying-in-family-court-or-criminal-court-225886

Times Magazine

Does Cloud Accounting Provide Adequate Security for Australian Businesses?

Today, many Australian businesses rely on cloud accounting platforms to manage their finances. Bec...

Freak Weather Spikes ‘Allergic Disease’ and Eczema As Temperatures Dip

“Allergic disease” and eczema cases are spiking due to the current freak weather as the Bureau o...

IPECS Phone System in 2026: The Future of Smart Business Communication

By 2026, business communication is no longer just about making and receiving calls. It’s about speed...

With Nvidia’s second-best AI chips headed for China, the US shifts priorities from security to trade

This week, US President Donald Trump approved previously banned exports[1] of Nvidia’s powerful ...

Navman MiVue™ True 4K PRO Surround honest review

If you drive a car, you should have a dashcam. Need convincing? All I ask that you do is search fo...

Australia’s supercomputers are falling behind – and it’s hurting our ability to adapt to climate change

As Earth continues to warm, Australia faces some important decisions. For example, where shou...

The Times Features

Designing an Eco Conscious Kitchen That Lasts

Sustainable kitchens are no longer a passing trend in Australia. They reflect a growing shift towa...

Why Sydney Entrepreneur Aleesha Naxakis is Trading the Boardroom for a Purpose-Driven Crown

Roselands local Aleesha Naxakis is on a mission to prove that life is a gift...

New Year, New Keys: 2026 Strategies for First Home Buyers

We are already over midway through January, and if 2025 was anything to go by, this year will be o...

How to get managers to say yes to flexible work arrangements, according to new research

In the modern workplace, flexible arrangements can be as important as salary[1] for some. For ma...

Coalition split is massive blow for Ley but the fault lies with Littleproud

Sussan Ley may pay the price for the implosion of the Coalition, but the blame rests squarely wi...

How to beat the post-holiday blues

As the summer holidays come to an end, many Aussies will be dreading their return to work and st...

One Nation surges above Coalition in Newspoll as Labor still well ahead, in contrast with other polls

The aftermath of the Bondi terror attacks has brought about a shift in polling for the Albanese ...

The Fears Australians Have About Getting Involved With Cryptocurrency

Cryptocurrency is no longer a fringe topic. It is discussed in boardrooms, on trading apps, and at...

The Quintessential Australian Road Trip

Mallacoota to Coolangatta — places to stay and things to see There are few journeys that captur...