RESEARCH
TOPICS: Law + Statistics + Services + Reform RESEARCH
TOPICS: Law + Statistics + Services + Reform 08
Fall
08
Fall

RESEARCH – EMILY RUSSELL

1. DEFINITION OF MARRIAGE - MARRIAGE ACT 1961 (Cth) (s 5); Hyde v Hyde; s 43(a) FLA)

* 4 ELEMENTS: Marriage means the union of a man and a woman to the exclusion of all others voluntarily entered into for life * Men and women… without any limitation due to race, nationality or religion have a right to marry and found a family…entitled to equal rights…(Article 16; UDoHR)

2. RESTRICTIONS AS TO MARRIAGE

* S 88E – Cannot marry overseas (same sex) and return and legally register marriage (Marriage Act)

3. ELEMENTS OF MARRIAGE

* Dwelling under the same roof, sex, mutual society and protection, recognition of marriage in public and private relationships (Todd and Todd) 1. ONE and ONE woman – monogamous mature (serial polygamy is permitted – remarriage after a former marriage has been dissolved) i. S 6 FLA – Polygamous relationships entered outside of Australia, shall be deemed to be a marriage when changing domicile to Australia 2. HETEROSEXUAL (Corbett v Corbett) 3. FOR LIFE 4. VOLUNTARILY ENTERED INTO

4. LEGAL IMPLICATIONS OF MARRIAGE

* Entitled to certain rights and owe legal responsibilities

a) DETERMINE “TRUE SEX”

i) CORBETT AND CORBETT a. Chromosomal: XY Male b. Gonadal: Male (testicles prior to operation c. Genital: Male (prior to operation WHAT YOU ARE AT BIRTH IS WHAT YOU ARE

ii) RE KEVIN a) Peers and family considered him to be male b) Identified himself (since a young boy at male) c) Underwent irreversible operation to become male WHAT YOU ARE AT TIME OF MARRIAGE IS WHAT YOU ARE

5. REFORM

http://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=spla/bill%20marriage/survey.htm

* House of representatives committee conducted an Inquiry into the Marriage Equality Amendment Bill 2012 and the Marriage Amendment Bill 2012 * Closed 2012 * Majority held that the law should be changed to legalise same sex marriages and same sex marriages performed in foreign countries should be recognised in Australia. * Majority (Mr Bandt) and Mr Jones) In favour of the Marriage Equality Amendment Bill 2012, and the Marriage Amendment Bill 2012 * It is in our society ’s best interests to foster and support loving, committed relationships. * Human relationships are not determined by sex or biology, but by the quality of the love, trust and care between the participants and their commitment to each other * In our society it isn’t just a religious contract, with it comes duties, obligations, and benefits between the two parties * In Australia marriage is the main way that we as a society recognise the importance of relationships. * A different recognition of same sex couples seems more appropriate than redefining a relationship which has been the basis of our society for centuries.
 * They (and their children) deserve the same legal recognition and protection that marriage provides to straight families.
.
 * Marriage is a legal construct legally recognising a relationship between two people. By any objective measure, a same-sex relationship has all the same qualities of an opposite-sex relationship. Some last, some do not. Some involve children, some do not. To deny committed same-sex couples the rights, responsibilities, and recognition of Marriage is discriminatory and sends the message that they are second class citizens. * All Australians deserve equal rights to love, marriage and family.

https://theconversation.com/decriminalising-homosexuality-worldwide-should-australia-get-involved-18256 * The majority of laws discriminating against lesbian, gay, bisexual and transgender (LGBT) people were repealed in 2008. Earlier this year, the Sex Discrimination Act (1984) was also amended to prohibit discrimination on the grounds of sexual orientation, gender identity or intersex status. * In order for LGBT people to achieve full equality, Dutch sexual orientation law expert Kees Waaldijk suggests that five steps must be completed. These are: decriminalising consensual sex between adults of the same sex; equalising the ages of consent; enacting anti-discrimination legislation; legally recognising same-sex relationships; and legally recognising same-sex parents. * Australia has completed four of the five stages needed in order to achieve full equality for LGBT people. It is the fourth - not the fifth - stage that we are stuck on.

6. YOUTH – CRIMINALISATION/EDUCATION

http://www.news.qut.edu.au/cgi-bin/WebObjects/News.woa/wa/goNewsPage?newsEventID=35457

* Interviewed 35 LGBT young people to find out what they thought of police, what police interactions they had experienced and how they thought the relationship between themselves and members of the police service could be improved * How many LGBT young people approached and told not to show affection for same-sex partner * Instances where showing same sex affection in public was challenged by police (young male showing affection to male partner, and police officer told them it was inappropriate in public) * More education about how to talk to the police * Police interactions influenced by looking like a gay young person * Acknowledged that police may not have intended to be discriminatory but it did seem there was a difference there * “If you didn’t dress like that there wouldn’t have been a problem” – reporting homophobia * Overwhelmingly negative opinions of police * Wanted education and for police to be further educated about issues that were facing them * Mutual respect and understanding

http://eprints.qut.edu.au/11248/1/11248.pdf

* Queer young people are visibly invisible: they are visible in their youthfulness, a characteristic that research shows is generally over-policed in wider public space; and they are invisible in their queerness, a characteristic that renders these communities invisible not only in wider legal discourse but also in policing practices more specifically * Blurs the boundaries between notions of visibility and invisibility, and over-policing and under-policing, and requires new ways of thinking about policing and queerness that neither demonise nor glorify police or queer young people. * Queer young people experience harassment and violence which makes them more likely to enter the criminal justice system in international contexts, research needs to examine these issues in an Australian context, including their experiences with policing as well as the broader juvenile justice system. * The assumption policing young people is about policing heterosexual people. * Odd that these issues have not yet attracted research attention. * Research conducted in the United Kingdom (Williams & Robinson, 2004) and the United States (Estrada & Marksamer, 2006) has identified that sexual orientation can inform the provision of criminal justice services, but as yet the literature has not examined the extent to which this mediates policing relationships. * useful for future research of policing youthful queer sexualities to consider a new conceptual framework that acknowledges the ironic position of these young people as visibly invisible in law and order discourses. * ‘ideal’ (White, 1990) young person ought to embody, including “respect for authority, good manners, restrained sexuality, polite behaviour and appropriate dress” (White, 1993, p. 209). Those young people that fail to measure up to the above standards are lumped into the category of disorderly and deviant young people who constitute a ‘problem’ for society – they are the ‘dangerous other’ (Hudson, 2000) that threatens good social order and require regulation and control (Malone & Hasluck, 1998). * Their visibleness in public space is particularly highlighted in their involvement in subcultural groups that employ spectacular modes of appearance and dress… and contrary to ‘good order’ in public space: obscene language, noisiness, loitering, and graffiti… have become criminalized * On ‘the street’ (White, 1994), the visibility of young people is even more heightened by their congregation in groups on which, in turn, makes them more likely to encounter police intervention * Research in the United Kingdom indicates that queer young people are over-policed by police officers, with queer young people (in comparison with other young people) being “four times more likely to feel harassed by police” (Williams & Robinson, 2004, p. 225). These statistics are higher for queer young people that experience physical abuse and harassment who are “seven times more likely to report experiencing discrimination or harassment by the police” * Reflective of history? People who identified as queer constituted as a moral threat to sanctity of marriage and family, some researchers arguing that this has led to queerness being identified as a condition to be policed, controlled and regulated * In much the same way that youthful behaviour has been criminalised, so too have the behaviours of members of queer communities (Leslie, 2000), with certain behaviours (such as men using public toilets for sex with other men) defined as criminal and, hence, in need of regulation. * Although homosexuality has recently been decriminalised in Australia (Bull, Pinto & Wilson, 1991), writers argue that “institutional heterosexism” continues to inform “the entire criminal justice system and criminological discourse” (Tomsen, 1996, para. 11) and that this results in queer communities being considered “targets of police violence and persecution”. * Everyday sexual behaviours of queer communities are “successfully defined as deviant, subject to intense surveillance and recorded and processed by criminal justice agencies” (Tomsen, 1996, para. 4) homophobic and heterosexist attitudes are rehearsed and reinforced by both police (Bernstein & Kostelac, 2002; Pratt & Tuffin, 1996) and tertiary students who are being trained as police and criminal justice workers (Cannon, 2005; Ventura et al., 2004). * Over policed because VISIBLY QUEER * Appearance and mannerisms (Feinstein et al 2001) “gay, bisexual boys are much more visible” in the system than transgendered, bi or lesbian girls * Common stereotype of homosexual men = effeminism – question of how these attitudes and understandings inform police practices and whether they contribute to over-policing queer young people remains to be addressed.

* UNDER POLICED? “Percieved disinterest” * PRIVATE LIES REPORT? - Majority disagreed that police treated them with “courtesy and respect” * Lack of research investigation = invisible in law and other discourses literally” non-persons * Law is the “production fantasy that gay and lesbian youth do not exist” (Teemu Ruskola 1996) * No such thing as “authentically gay kids” = adolescents that are experiencing a crises in sexuality.. pass through before they reach NORMAL, FULLY DEVELOPED heterosexuality (Curtin, 2002) * LAW DOES NOT RECOGNISE DIFFERECE IN SEXUAL ORIETNATION – POLICING QUEER PEOPLE IS RENDERED A NON-ISSUE FOR LAW ENFORCEMENT AGENCIES i. NO TERMINOLOGY EXISTS IN AUS CJS TO DESCRIBE AND ENGAGE QUEER YOUNG PEOPLE Human Rights and Equal Opportunity Commission in Australia (2007) – 58 laws blatantly discriminate same-sex couples because wording of laws did not include understanding of same-sex attraction ii. Not available in publicly available police statistics in Australia – homophobic harassment experienced by queer young people can make them more likely to enter criminal justice system (Ellis & High, 2004; Hillier, Turner & Mitchell, 2005; Phoenix, Frosh & Pattman, 2003; Saltmarsh, 2007)

INVISIBLE – USA * Left unprotected to violence and harassment, subjected to differential treatment or denied appropriate services (Estrada and Marksamer 2006) * Discriminatory treatment to lesbians has become institutionalised to the point where it is invisible – policies in 6 institutions: “being forced to room, shower and dress alone, prohibited from certain duties or activities in custody, subjected to additional criteria for ‘appropriate’ conversation in common space, and receiving less time out of their rooms,...[being] pressured to be gender-conforming in their appearance and...Encouraged to wear make-up, and prohibited from shaving their heads” * The invisibility of queer young people and the discrimination they are subject to, in these institutions would certainly suggest the need to further explore these issues as well as how queer young people are policed in Australian context.

INTIMATE PARTNER VIOLENCE * Social institutions disadvantage gay individuals * Justice professionals considering emergence of domestic violence in same sex relationships * Occurs in same frequency as in straight relationships * Most of concern of police, governments and victim support agencies is on female victims experiencing violence at the hands of men. * Limited and inappropriate support options for gay victims, remain invisible * Inequalities of people of diverse sexualities are emerging issues * Achieving social justice requires a shift in the heterosexual frameworks that often underpin understandings of sexuality * Recognising that sexuality is a socially constructed category and does not represent a natural way of distinguishing between people is a necessary stem if one is to begin to address such injustice

Ball, Matthew J. & Hayes, Sharon L. (2010) Same-sex intimate partner violence : exploring the parameters. In Scherer, Burkhard (Ed.) Queering Paradigms. Peter Lang AG, Bern, pp. 161-177. * Is as prevalent in LGBTI relationships as it is in heterosexual couples (Australian Research Centre on Sex, Health and Society 2006; Donovan et al 2006) * Little in way of specific community of social services available to victims OR perpetrators * Differences in experience between LGBTI and non LGBTI victims transgender populations (Chan 2005) and those who are HIV sero-positive (Craft and Serovich 2005) * Different experiences of IPV include the use of HIV and the threat of “outing” a partner as tools of control as just two examples (Jeffries and Ball 2008) * Such differences impact on how LGBTI victims respond to the violence – seek help, return to violent partners (Burke et al 2002) * Dominant discourses maintain invisibility * Government policy, criminal justice and non-governmental approaches to IPV have been constructed around heteronormative discourses based on male/female domestic partnership with male being perpetrator and female being victim (Carmody and Carrington 2000) FEDERAL GOVERNMENT DISCOURSES * “To violence against women, Australian says no” (Australian Government 2007) * Recently been discontinued to a new campaign “family and sexual violence” – underlying assumptions about subject positions and dominant discourses have not been altered * Step-forward in addressing violence – men in campaign masculine stereotypes (excuses) and women demure, passive and confused provide where to seek help and support * Play an important role in defining forms of violence that are to be addressed through social policy and offer what is to appear an “authoritative” view of characteristics of violence in IPV in Australia * Male perpetrator + female victim * Informed by working class masculinity (Connell 2005) – use physical strength and aggression to dominate and abuse women (physically masculine in dress, voice, language and gesture) SERVICES * GOVERNMENT AGENCIES: * DOMESTIC VIOLENCE RESOURCE CENTRE IN VICTORIA (DVRCV) focuses on IPV in lesbian (NOT GAY MALE OR TRANSGENDER) relationships * Reported abuse for lesbian and male victims is emotional * Labelled victims can also act in a violent manner – discourses suggest model of power where one person is victim and one is perpetrator does not recognise violence on part of victim as it would change these discourses * IPV as strictly an issue about women’s safety – again in align with discourses about women as victims and see protection of women from men’s violence as most appropriate target for prevention programs * E.g. E-Brief “Domestic Violence in Australia: An overview of the Issues” reports only on violence against women (2006) – Aus Government’s website on “Women’s safety agenda” * The site boasts funding in the amount of $1.97 million over 2007–2008 to community organizations as part of the Domestic and Family Violence and Sexual Assault Initiative 2007–2008. Of the seventeen organizations funded, five were operated under the auspices of a religious denomination, five under women-only groups, one was for a sexual assault program, one for an indigenous program, and the rest were for organizations promot- ing healthy families (Australian Government 2008). None of these groups cater to LGBTI individuals or men as victims. * Australian Domestic and Family Violence Clearinghouse (ADFVC) Focus was on violence against women produced 17 papers since 2000, and all are violence against women by men. * Four research papers produced by the group also target male on female violence – only mention of IPV occurs in one “topic paper” one other topic paper also addressed men as victims of IPV (Chan 2005; Mulroney and Chan 2005). * QPS website (2013) states that domestic violence does not discriminate based on gender, age, ethnic background or “sexual preferences” * Relevant link to same sex domestic violence recognising that same sex/intersex couples are entitled to same rights in relationships where abuse has occurred * Good practice guidelines for interaction with transgender clients (not with gay or lesbian) * Improved understanding between police and transgender community * Respect diversity and maintain confidentiality * Fundamental rights and non-discrimination and equality * Options and organisations that might be of assistance – all deal with responsibilities of being homosexual (health awareness etc) and support services for transgender – none deal with services regarding violence specifically. * WHY DO THESE POLITICAL CONSTRUCTIONS OF VIOLENCE DOMESTIC PARTNERSHIP EXIST? * Patriarchal power relations inherent ins social institutions and social relations which privilege men * Historical hierarchy that makes men dominant and women subservient * Men and women are socialised into their roles – passing them onto next generation – historical pattern ensures continuance of this patriarchal power * Violence in domestic partnerships caused by acceptance of heterosexual marriage as pivotal social institution and role of man as dominant figure in partnership * Spousal abuse was tolerated until feminism * The fact that women are largely victims and men are largely perpetrators indicated in research, and this research WITH social attachment to discourses steer government funding and policy decisions towards focus on violence against women by men ignores possibility that domestic partnerships may be characterised by relations of power that are much more subtle (e.g. mutual violence) (Chan 2005) AND that IPV only occurs in heterosexual partnerships * A gay male may fail to seek help or support, or a lesbian victim may not understand that violence she is experiencing is IPV given that a male does not perpetrate it. * Fail to speak to a significant portion of the population BECAUSE of dominant discourses of IPV * Violence in a male-male relationship is merely “friendly rivalry” characterised by healthy competition rather than domination and therefore not “really violence” – as a man they are “naturally tough and aggressive” feminist view CONSEQUENCES OF DISCOURSE * Fail to see themselves as victims – reporting of IPV is difficult development of appropriate forms of support difficult (Jeffries and Ball 2008) * Unlikely to seek formal assistance (Chan 2005) * More likely to seek help from friends (Ristock 2002), followed by support groups, self-help groups, private therapy, or counselling and shelters (Chan 2005) * Disinclined to present to health care providers for treatment and assistance (Dwyer 2004) * May not have received appropriate response to complaints by police – mistrust government service provision in general and police – reluctant to report * No model for seeking of health care or social service assistance or because of negative, homophobic or inappropriate experiences with service providers or criminal justice system (Donovan et al 2006) – HIV * Dominant discourses characterise government action and social discourse do not easily provide LGBTI victims with a way of conceptualising what is happening to them * Heterosexual couples – far more resources can access to allow them to construct themselves and understand what is happening * Acknowledge existence of same sex IPV but is not approaching and addressing issue in an in-depth manner discourses surrounding IPV and ways of understanding it must be altered * Dwyer, Angela (2014) Pleasures, perversities, and partnerships : the historical emergence of LGBT-police relationships. In Peterson, Dana & Panfil, Vanessa R (Eds.) Handbook of LGBT Communities, Crime, and Justice. Springer New York, New York, pp. 149-164. * Relationships between LGBT people and police have been turbulent for some time now, and have been variously characterized as supportive (McGhee, 2004) and antagonistic (Radford, Betts, & Ostermeyer, 2006). * These relationships were, and continue to be, influenced by a range of political, legal, cultural, and social factors. * In Western contexts, we oscillate between historical moments of police criminalizing homosexual perversity and contemporary landscapes of partnership between police and LGBT people. * However, the chapter challenges the notion that it is possible to trace this as a lineal progression from a painful past to a more productive present. Rather, it focuses on specific moments, marked by pain or pleasure or both, and how these moments emerge and re-emerge in ways that shaped LGBT-police landscapes in potted, uneven ways. * although certain ideas and police practices may shift towards more progressive notions of partnership policing, we cannot just take away the history that emerged out of mistrust and pain. Sexual Ethics and Violence Prevention: Moira Carmody Social & Legal Studies 2003 12: 199 DOI: 10.1177/0964663903012002003 * Social policy – developed a unique relationship between state and liberal and radical feminist campaigners * Anti-violence key to political activities – active engagement with the state to try and bring about a reduction in violence against women * Legislative reform, increased penalties for sex offenders, revised health and welfare and police procedures and several decades of community education have been achieved * Failed to deliver significant changes in behavior of those who continue to perpetrate violence against women * Difficult to detect, deter police or punish * Recently challenge idea that is a private matter – feminist discourses, men’s responses to violence, crime prevention discourses, role of legal reform, public awareness strategies and education programs – require individuals to manage their own risk through avoidance strategies The Influence of Gender Role Stereotyping on Women's Experiences of Female Same-Sex Intimate Partner Violence Dena Hassouneh and Nancy Glass Violence Against Women 2008 14: 310 DOI: 10.1177/1077801207313734 * National Violence Against Women Survey – only population based study that has included analysis of FSSIPV – of 79 women 11.4% reported a lifetime prevalence of physical and or sexual abuse perpetrated by a female intimate partner * Rose (2003) of FSSIPV in a convenience sample of 229 self-identified lesbians 12.2$ of participants had experienced one ore more incidents of IPV * Risk factors – prior physical violence, controlling behavior, dependency, alcohol or drug use, depression and ending relationship But majority of existing risk models, risk assessment instruments and prevention and intervention strategies primarily developed with heterosexual samples and then applies to FSSIPV (minority stress e.g. internalized homophobia and discrimination as risk factors for IPV in same sex relationships Balsam and Szymanski 2005). * This study found that risk factors exist at individual, familial, community and societal levels * Heterosexual discourse engendered persons as being feminine or masculine – gender role stereotypes that many views as immutable biological categories rather than social constructions * Women rare innately nonviolent, caretaking and nurturing (Gilbert 2002) significant implications for women who challenge these traditional gender stereotypical roles (violence, sex with women – unnatural, deviant, threat to status quo of existing gender relations in families and society). * LBT women at risk where experiences are ignored and stigmatized and where traditional sources of help (friends, family and community domestic violence services) are lacking * IPV is a male-female phenomenon – services are on a heterosexist model of abuse, involving a violent controlling man and a nonviolent passive woman (Van Natta 2005). * Radical lesbian feminism enforced view that men were violent (to negate from construction that lesbians were perverted) – recognition of FSSIPV challenges gender based analyses of IPV mainstay of battered women’s movement to date – comforting views of female same-sex relationships as safe havens reluctant on part of LBT communities to address problem severe disadvantage leaving them with extremely limited access to vital health, social and community services that meet their needs. * Method of study – 52 (15 and older) participants (inc. victims and perpetrators) asked to provide feedback on definition of FSSIPV, describe lived experience with violence, items on Danger Assessment 2, protections available in same sex relationships, barriers to getting help * FINDINGS: * Girls don’t hit other girls: Belief that women are innately nonviolent influenced women’s experiences because 1) made it more difficult for them to recognize IPV in their own intimate relationships and 2) made it difficult for them to find domestic violence services in their communities that met their needs iii. Difficulty in identifying FSSIPV even in instances where physical violence occurred “girls didn’t commit domestic violence against each-other… because in a same-sex relationship it just didn’t fit… it wasn’t domestic violence to me…” iv. Self blame (similar to heterosexual couples) v. “Way it’s supposed to be” – gender role stereotyping and lack of relationship experience and government policy on the topic difficult to recognize vi. Need for a complex theory of IPV that takes into account varied dimensions of human identity and social status including sexual orientation vii. Current heterosexist nature of dominant gender-based discourses guide philosophy and worldviews of majority of domestic violence service agencies & hegemony of gender based analysis barrier to help seeking many women viii. Heterosexist nature of traditional gender based analyses of IPV permeated services such as battered women’s shelters to such a degree that women felt the need to keep sexual orientation a secret ix. Women who do not fit gender role may be percieved as an unwholesome influence – threat service providers and people in general are more likely to respond positively to battered women who conform to stereotypes of traditional femininity (Ristock 2002) heterosexual women have greater access to domestic violence services (secondary traumatization to lesbian victims… vulnerable in an environment (shelter) with straight women “isolated” and “lonely” * Myth of lesbian utopia x. Men seen as “dominant, strong, aggressive, violent” feminism promulgated that violence is a male biological trait and argued for development of lesbian communities as a way to prevent male violence from infecting women’s culture women do not have a violent tendency (Ristock 2002) xi. Myth that there is a “utopian existence” wherein women do not oppress, and do not beat up other women – more “enlightened” than heterosexual communities and that female same sex relationships are egalitarian, loving and never violent reinforces traditional gender roles decrease likelihood that women who are battered by same sex partners will recognize that they are experiencing FSSIPV * Cat fight xii. “Pure femininity” – femininity is something not to be feared – two women cannot really hurt one another, violence goes against grain of women’s nature and women are not big or strong enough to inflict serious harm xiii. Taken less seriously, less deadly xiv. Stereotypical views of women as being emotional and hysterical party of nuanced meanings – minimize seriousness of women’s use of violence * Playing the feminine victim xv. Make it difficult to correctly identify perpetrators – perpetrators of FSSIPV are aware of potential for confusion and in many instances use this to their advantage by playing the victim xvi. Knowing the system and knowing how to play when law enforcement officers were called – tools that perpetrators used when playing the victim (such as using passivity and hysteria, differences in size) traditional feminine behavior such as hysteria and passivity, size and strength and feminine/femme and masculine/butch presntations * An effort has been made to define man and woman as distinctive and distinguishable types into which everyone fits without exception * Western views on gender traits and anatomy are immutable and inseparable – shape experiences in FSSIV in significant and meaningful ways * Lack of awareness of FSSIPV, denial that the problem exists and minimization of women’s use of violence – education and training programs needed in community and among professionals to combat stereotypes and increase awareness * Informing police officers, prosecuting attorneys and judges

http://yjj.sagepub.com.ezp01.library.qut.edu.au/content/11/3/203.full.pdf * Non-heteronormative bodies destabilize heteronormative expectations about sexualities and genders. Heteronormativity refers to how heterosexuality is normalized and invested with the power to define all other sexualities as marginal and abnormal in contemporary Western culture (Jackson, 2003). Non-heteronormative embodiment, then, implies a multiplicity of bodily practices that destabilize heterosexual sexualities and/or genders. * They highlight how queer bodies may be visible in public spaces in ways heterosexual young people may not be, and public space is where most police interactions happen. This is further complicated, according to participants, when enacting queerness intersects and collides with being visibly youthful, visibly at-risk, and visibly risky in public space * NOT REALLY RELEVANT – MAYBE MAY NEED TO REFER BACK TO IT? http://qsw.sagepub.com.ezp01.library.qut.edu.au/content/7/2/199.full.pdf * Determining incidence and prevalence difficult different definitions, different sampling methods etc, not all gays are open, low report rates (invisibility of violence and fear of homophobic reactions) * Important to legitimize the issue and begin to provide an overall picture of who is affected and how * Same-sex violence – psychological or socio-psychological gender as anatomy argue for a psycho-pathologising model applied to both perpetrators and victims * Socio-psychological approach – social learning theory – must have opportunity to abuse without negative consequences homophobic attitudes and responses can create opportunities for abuse by isolating and deterring victims from seeking support; violent acts can be perpetrated without consequences * Feminism – function of gender based oppression * “Internalized interconnected norms of heterosexism/homophobia and misogyny which lie at the core of sex role system” * Role homophobia plays in keeping lesbians closeted and unable to leave the house * Focus purely on gender = heterocentric lesbians who internalize socially feminine behaviours likely to be victims, and masculine behaviors are likely to be abusive – mimic traditional heterosexual relationships with one partner more dominant than the other * Collected personal experience narratives of lesbians – women outside margins of normative sexuality understanding of how lesbians experience violence, how constitution of IPV can influence understandings and responses and perceive responses of others to their abuse * Unstructured interviews (21 – all had left relationship) – participants move beyond what is known * Discourses, and invalidation of lesbian sexuality, influenced how women saw themselves and material experiences of violence * Dominant heteronormative discourses lead to an absence of talk about violence in lesbian relationship * Maintain invisibility of violence in lesbian relationships and constitutes domestic violence as a heterosexual issue limited availability to acknowledge or interrogate violence in lesbian relationships * Discourses of femininity – women as passive, gentle and loving – erased possibility of violence * Struggled to identify violence – was a heterosexual issue – did not affect them * Cumulative impact of living in a heterosexist world and issues lesbians face in their daily lives made contexts in which lesbians experience violence different from heterosexual women * Physical, sexual, social, economic and emotional abuse – emotional posed greatest challenge to sense of self, difficult to identify * First relationship – fear about exposure to lesbianism – world that frequently devalues non-heterosexual identities – exposed them to particular risks no contact with other lesbians or the lesbian community isolation, lack of support networks, influenced how they responded to the violence * Power was experienced as relational, and dispersed and localized working in complex and unpredictable ways * Power was transitory * Experience value in a world where lesbianism is devalued heteronormative discourses influenced consequences of violence and how they responded to it * Denial, normalize violence, forgetting, avoid violence/fighting back “fighting back” as “mutual abuse” and used as a means of minimizing violence in lesbian relationships (cat fight) * Disruption to relationship with children, friends and support networks, deterioration in mental and physical health, loss of material possessions * Making a decision about whether to seek help and if so, from whom, was complex exposure of sexuality, whether stories of abuse would be taken seriously, likelihood of a positive outcome * Informal support (friends more-so than families) * Health, human service and community organizations * Tales women told indicated how pervasive heteronormative discourses can be, framing services that organizations offered * Undermine possibility of agency – others fond it provided support they needed to change their lives * Counter-productive based on assumptions of universal heterosexuality and transposition of heterosexual understandings of domestic violence many services have a requirement to identify victim and perpetrator situations of domestic violence between lesbians, absence of gender as a marker of either victim of perpetrator posed issues especially if both women had in some way participated in the violence or both sought assistance from support services * When practitioners apply heterosexual understandings of domestic violence they assume that all violence is experienced similarly and do not take into account cumulative effect on lesbians of living in a heterosexist world and the discriminations that lesbians can face on a daily basis * “Lesbian only groups” – useful in enabling stories, hear other stories and seek support in making major changes in lives * Level of understanding about day to day issues that lesbians confront in lives – not apparent in other services * Families did not know or were negative about woman’s sexuality/little likelihood of a positive response * Friends – practical help and supporting women to leave relationship did not fully comprehend emotional trauma women continued to experience * Lesbian and gay communities did not take any action and responsibility to address domestic violence – active in the arena seeking changes in law, legislation and practice to ensure that lesbians have equal rights * Challenging homophobic violence but domestic violence has not attracted same lève of attention lack of attention to politics of “private” was a source of disappointment and disillusionment take more politically proactive stance to address domestic violence * Important to increase awareness and knowledge in health, human and community organizations * Much of service provision is underpinned by heteronormative assumptions increase awareness of violence in lesbian relationships in a way that does not undermine either lesbians or the lesbian community and does not detract from the extent of male violence against women * Development of tertiary, secondary and preventative services that are safe and relevant for lesbians is important (ambivalent about services because they feared a negative outcome) encouraged to be explicit about philosophical basis that underpins their work * Need to question heteronormative assumptions that pervade existing service delivery need for provision of both written and web based information that can be accessed anonymously. * Health, human and community services – access to training and supervision that increases their knowledge and understanding of how lesbians can experience violence in different ways, as well as their awareness of the issues that lesbians deal with in their lives that may impact on ways they experience violence * Need to develop policy that accurately reflects and takes into account concerns of lesbians and particular needs and interests * Need for in-depth knowledge about complexities of violence in lesbian relationships to challenge form of violence – “one size fits all” personal, social and political contexts influence impacts of violence in women’s lives; expands and evaluates models of practice that best address different needs of lesbians

http://vaw.sagepub.com.ezp01.library.qut.edu.au/content/15/5/532.full.pdf * Over the past 2 decades community and government recognition, understanding and responses to domestic violence in Australia has shifted considerably – 1980s broader violence against women strategy – “action plan” * Initial rise part of feminist movement – gendered analysis and link issue to one of women’s broader inequality * Experiences of violence within intimate relationships remain high – despite policy shifts, and service developments BRODERICK, Elizabeth. Not so straight forward : domestic violence in Australia. [online]. ALTERNATIVE LAW JOURNAL; 36 (4) 2011: 224. Availability: <http://search.informit.com.au.ezp01.library.qut.edu.au/fullText;dn=20120135;res=AGISPT> ISSN: 1037-969X. [cited 01 Mar 14]. * Approximately 1.2 million women have experienced violence at hands of a (usually male) current or former partner – responses have undeniably and necessarily focused on reducing the prevalence of male violence against women * … Domestic violence can occur in all relationships regardless of sex, sexual orientation or sex or gender of person involved – similar rate in same sex relationships as in heterosexual relationships * Voices and experiences of victims/survivors of domestic violence in lesbian, gay, bisexual transgender, intersex and queer relationships are often missing form picture of domestic violence that is depicted in Australia – remains largely invisible * So long as LGBTI domestic violence remains hidden, effective action against domestic violence will remain difficult – serious about reducing rates of DV imperative that voices and experiences of LBGTI communities are included in initiatives to address DV and full spectrum * Strong commitment from government, civil society and LGBTI advocates – backed by adequate and ongoing funding and resources, and service providers * Focus on better educating general community about LGBTI domestic violence * Greater awareness about serious harms of a lack of acceptance and recognition of LGBTI communities – people who identify as LGBTI need to understand that DV is something that can happen ot hem and need to know where they can go for help * Adequate and ongoing funding and resources to ensure responses to DV are inclusive of LGBTI communities – service providers need to be supported in their efforts to be inclusive of LGBTI communities * National Plan to Reduce Violence again Women and Children needs to be implemented in an inclusive way – consider ways the Plan ca be implemented to celebrate all of the identities that make our society so vibrant

Ball, Matthew and JEFFRIES, Samantha. Male same-sex intimate partner violence : a descriptive review and call for further research. [online]. eLaw journal : Murdoch University Electronic Journal of Law; 15 (1) 2008: 134-179. Availability: <http://search.informit.com.au.ezp01.library.qut.edu.au/fullText;dn=20090220;res=AGISPT> ISSN: 1321-8247. [cited 01 Mar 14]. * Violence between male –same sex intimates also occurs at an alarmingly high rate – help is rarely sought from community service providers or police and when it is sought the ‘help’ is not particularly useful * Discourse constructed around IPV in Australian social sciences and society at large remain gendered and heterosexist problem for heterosexual women in heteronormative relationships with heterosexual men * Anti-Domestic Violence initiate urging that ‘to violence against women Australia says no” – men are always portrayed as perpetrators and women as the victims * Invisible – men attacking men – “experiences are invalid and Australia is unconcerned with their victimization” * AIDS Council in NSW leader – Same sex domestic violence (SSDV) Interagency Working Group 2001 bring together non-Government and Government agencies with the aim of creating a collaborative response to the issues surrounding SSDV * 2004 – Aids Council of NSW took a principle role in launching Australia’s first comprehensive campaign – community awareness being raise in NSW other jurisdictions not as vocal * Silence amongst Australian criminological and social science research limited to data collected form health workers in NSW and to one Australia wide survey of LGBTI people conducted by Australian research centre in sex, health and society * Details pertaining to male same sex IPV lost by amalgamating research participants’ experience – experiences of men and women are combined * LGBTI group studies negate possibility of difference among populations – male to male IPV may be different from other groups (virtue and sexuality) * Majority of studies in US, UK and Canada and two were from Australia – 10 year period between 1996 and 2006 (bulk after 1999) – majority quantitative – self-report surveys or case files * Similar to intimate partner violence in opposite same sex relationships, violence is not uncommon in male same-sex intimate partnerships that it occurs at a fairly high frequency with emotional abuse being the most common type of violence * Men who are HIV positive are more likely than those without this status to experience violence may also increase women’s experiences of violence in heterosexual relationships * Australian Centre in health and Society reported that 27.9% of men said that they had been in a relationship where a partner abused them (emotional abuse = insulted (62.7%, isolated from friends or family (48.3%), monitored or checked up on (43.7%), deprived financial independence (20.1%) and being in fear of their lives (17.1%). * Physical abuse: being hit (47.8%), and being physical injured (36.3%) * Sexual abuse (19.6%) * Similar proportions of men and women had been emotionally victimized (77.8%) and physically victimized (40.1%) at some time (Donovan et al 2006:9-10) * 40.5% of all respondents sexually abused (Donovan et al, 2006:10) and men more likely than women to be victimized in this way * High incidence of emotional abuse – percentages ranging from 34 to 83% * Physical victimization ranged from 22-44% * Sexual abuse was between 5-57% * Craft and Serovoich (2005: 785) – HIV positive men participating in study, 72.5% had experienced psychological aggression from male intimates, 45.1% victims of physical assault and 33.3% had been sexually coerced * Gay domestic violence programs – 63.1% involved physical assaults (Kuelnle and Sullivan 2003), Merril and Wolfe (2000: 11-15) – 83% reported physical abuse (severe or recurrent) up to 94% had emotional abuse, 70% financial abuse and 73% sexually abused * Men perpetrating emotional violence 40%, physical 24-40% and 16% sexually violent * HIV positive men – 39.2% physically violent towards partner, 27.5% sexually coercive, 78.4% perpetrated some form of psychological violence (Craft and Serovoich 2005: 785) * Cycle of violence – “honeymoon phase” (stability, making up, promises from the perpetrator encourage the victim to believe the abuse will end), “tension-building phase” (head with another act of violence at which point the cycle begins again) (Stanley et al 2006) * Violence increases in frequency over time – as well as intensity, or severity (Stanley et. Al 2006) * Some form of mutual battering (Stanley et al 2006, 35) – 27 out of 69 stated that violence was bidirectional and that both partner had been physical violence at some point during relationship * Over course of relationship – 50% stated that violence was bidirectional * IPV in same sex relationships occurs because of individual factors, micro-social variables and broader macro-social contexts * Contextual triggers similar in opposite-sex relationships – masculinity, substance abuse, power, mental ill health, intergenerational abuse (unique to same-sex was the influence of HIV and homophobia) INDIVIDUAL AND MICRO SOCIAL CONTEXTUAL FACTORS * Individual psychology, mental ill health, substance abuse and other addictive behaviours, internalized homophobia, HIV status, negative childhood experiences and relational dynamics * Attachment, masculinity, self-esteem and assertiveness xvii. Insecure attachment/attachment anxiety related to experiences of male same-sex intimate partner violence xviii. Less securely attached men feel that their possession and control of an intimate would be tenuous – more likely to resort to abuse and violence as a means to ‘keep’ their partners xix. Strong identification with a masculine gender identity increase men’s tendencies toward aggressive behaviours of control when threatened – those with stronger masculine gender identifies more includes to use aggression to resolve relationship problems xx. Low self esteem and assertiveness results in feelings of powerlessness, worthlessness and insecurity make men more prone to violence xxi. Mores serious mental health problems amongst samples of gay m en referred to a perpetrator treatment program – previous psychiatric mental health treatment, hospitalization for psychiatric reasons, suicidal feelings/thoughts and or homicidal feelings/thoughts xxii. Substance abuse and other addictive behaviours (food and sex) – Dwyer (2006) reported that high levels of alcohol and other drug use reported by over 50% of counseling clients of AIDS Council of NSSW who had experienced IPV alcohol used as a result of the violence, providing a way to escape dysfunctional relationship, alcohol as dis-inhibitor, money spent on it/drugs causing an argument xxiii. Internalized homophobia – victimization and perpetration fear or hatred of homosexuality that is carried within the individual against their own homosexual desires internalization of broader social attitudes towards men who engage in sexually intimate relations with other men “to be a man” in modern western society means to be heterosexual, homophobia and hostile towards men involved in same-sex relationships with other men men who deviate from this path risk suffering social stigma and at times violent retaliation substantial barrier in adjustment to a positive homosexual identity because it can cause immense psychological conflict and trauma within the individual depression, despair, substance abuse, hostility at same-sex intimate partners xxiv. HIV positive gay men increased risk of experiencing violence – influence gay men’s decision about staying in abusive relationships sexual coercion involving unsafe sex practices within a sample of HIV positive men highlighted by Craft and Serovoich (2005) – insidious and dangerous dynamic – 20% forced partners to have sex without a condom, 30% being forced without a condom may use HIV positive status to persuade same sex partner to remain in abusive relationship with them, threaten to ‘out’ HIV status of victims as a means of maintaining power and control, abusive partners may withhold medication from HIV positive partners (Chan 2005: 3) xxv. Negative childhood experiences and same-sex IPV – men who are abused or witness abuse during childhood have an increased chance of experiencing same-sex IPV as a perpetrator or victim (Craft and Serovoich 2005) (victim of physical abuse positively correlated with perpetrating physical assault and sexual coercion, and being victim of sexual coercion) xxvi. Relational dynamics –emotional neediness, dependency/independency, jealousy, possessiveness, power imbalances (unmet or threatened emotional needs, incompatible needs for closeness v autonomy, frustrated desires for commitment and monogamy, loss of relationship) xxvii. E.g. one partner being more emotionally invested in relationship than the other more emotionally invested partner was more often initiator of violence against same-sex intimate xxviii. E.g. One partner withdrew from an argument whilst the other made requests/demands and engaged more overtly in the interaction – demanding roles seemed to be seeking greater closeness and to be more invested in relationship (reacted violently) withdrawing role sought less intimacy and greater separateness and appeared less emotionally involved xxix. E.g. Actual or perceived infidelity by one person in partnership (relationship was in process of ending) – 48% jealousy problem in violent relationships (McClennen et al 2002, 83), and dependency, and relationship power imbalances (earned more) MICRO SOCIAL CONTEXTUAL FACTORS * Societal homophobia – masculinity and access to social and economic resources are macro level factors without societal homophobia, internalized homophobia would not exist and relational strains created by living in a homophobic world would not be present in men’s intimate relationships with other men. * Relationships become strained under conditions where few economic or social resources upon which to draw (low socio-economic status) and in a society where a particular form of masculinity is ‘held up’ as the ‘ideal’ – men turn to violence to assure themselves that they are ‘real men’ * Societal homophobia – strain in men’s relationships, adding an additional pressure that heterosexual couples do not have ‘to deal with’ – carry a lot of emotional baggage (problems they had growing up and coming up, and coming to grips with homosexuality) relational situations primed for violence societal homophobia may bond victims to perpetrators out of some sort of loyalty in the face of a homophobia world * Achieving or attempting to achieve hegemonic masculinity – emphasis practices toward authority, control, competitive individualism, independence, aggressiveness and capacity for violence “gay men” live in a society where this particular form of masculinity is “held up” as being the “masculinity” to which all men should strive violence and masculinity in our society are entwined and ‘doing masculinity’ often equates to ‘doing violence’ or at least appearing as though you have the potential to ‘do violence’ same-sex couples challenge hegemonic masculinity and compulsory heterosexuality that goes with it manliness of ‘gay men’ both at societal and individual levels want to achieve this hegemonic masculinity to ‘fit in’ (Connell 2005; 78) * Probability of being victimized increased in contexts where men have fewer external and internal resources young men, lower levels of education – more likely then older educated counterparts to be victimized in same-sex intimate relationships gay male perpetrators more likely than non-perpetrators to have low levels of education and socio-economic status disempowerment Impact of male same sex partner violence * Detrimental to men’s physical and psychological well-being * Impede negotiation of safe sex practices – cause serious physical injuries and be emotionally distressing Staying in same sex relationship * Hope, love, loyalty/commitment, fear, financial dependence, inadequate knowledge regarding same sex intimate partner violence and a lack of societal assistance/support * Hope that their partners would chance and violence would stop- love and violence can co-exist and people who are victims still feel much love for their abuser (cyclic nature) * Honoring relationship – exacerbated by lack of structural support partner is only source of support unlike rest of community partner accepts their sexuality and this creates a strong relational commitment based on premise of ‘us against them’ – over reliant on abusive partners * Fear of being harmed (or harm someone close to them), escalate violence or death, stalked, harassed and threatened when they tried to leave, threaten to “out” their victims (trap men into staying with violent intimates), fear of loneliness (better than being a single gay man) – fear what might happen to their partner if they leave (HIV) – fear of becoming sick and dying had played a major part in decision to remain in an abusive relationship – did not want to abandon them and fear of dating * Trapped in violent relationships by economic necessity or security * Half in study (Wolfe 2000: 19) reported did not have any knowledge or understanding of same sex IPV – “isolated exceptions” and would not re-occur and did not define what was happening as abuse/did not understand there was such a thing as gay domestic violence * Some men confronted with homophobic and heterosexist attitudes from law enforcement agents and medical personnel when sought help (Cruz 2003: 8) * Men significantly less likely than women to seek help for relationship abuses and lesbian women more likely than gay men to seek help (Turell and Cornell-Swanson 2005: 79-80) * Less than half reported to police (Kuehnle and Sullivans 2003:92), and 7% reported to police in Donovan et al 2006: 11, majority-sought assistance from friends (52.2%) * Only Australian study – Australian Research Centre in Sex, health and Society (2006: 52) reported that among nation-wide sample, only 12% who had experienced IPV reported this to police * Tended to be individual counselors/community service organizations that were approached most frequently * Lack of seeking help? * Over-aching prejudices associated with homophobia and heterosexism * CJS – heterosexist institution in which homophobia flourishes * Public agencies fail to respond to their needs – discriminating against same-sex relationships or lack of training (unequipped to respond appropriately with an awareness of some unique circumstances in the queer community * 54% little confidence in police, 42% distrust police (Burk et al 2002: 250) * Moderately or strongly agreed that local police department biased against homosexuality * Australian Research Centre in Sex, Health and Society (2006:52) found that when reports to police were made by male victims, 33.3% felt that they were not treated with courtesy and respect – 31.8% felt that in response to their reports of abuse, police failed to take appropriate action * Value support of friends, counselors, specific services tailored to the needs of LGBTI – ALL men reported domestic violence programs, HIV related agencies and other generalized social service agencies somewhat helpful or extremely helpful (Wolfe 2000: 17) * Poor coordinated response (Donovan et al 2006:19) – problems lie in agencies being governed by a model of IPV that is heterosexual – male victimization not as serious as against women – recommended that male-to-male cases should be left alone – heterocentric views toward IPC (Seelau and Seelau 2005) * Need a more thorough understanding of male same sex IPV in context of Australia – frequency/prevalence – patterns, individual, micro and macro social contexts, impacts, reasons victims say, and further information regarding help seeing responses to, and perceptions of this problem needs to be rendered visible “to violence against men, Australia says no” *

* * *

SERVICES SAME SEX QLD (113,000 results) https://www.qld.gov.au/youth/family-social-support/support-lgbti-young-people/ * OPEN DOORS (support for young people who are exploring sexuality/gender identity * LGBTI legal service – free legal advice even if not related to sexuality or gender identify – help with domestic violence * Assist community to gain access to justice through provision of legal and social welfare services * Community legal education activities and resources – awareness of legal rights and responsibilities for LGBTI community in Queensland * Legal problems which arise because of identification as LGBTI or because feel more comfortable dealing with solicitor with specific skills, interest and understanding of LGBTI legal issues/barriers experienced in legal system * Contact information * SEXUAL HEALTHLINE * DEFINE DOMESTIC VIOLENCE – OFFERS SUPPORT/LIASON OFFICERS * HELPFUL RESOURCES LINKS: * Gay Line and Lesbian Line — phone 1800 184 527 (7pm–10pm, 7 days a week) * dvconnect mensline — phone 1800 600 636 (9am–midnight, 7 days a week) * dvconnect womensline — phone 1800 811 811 (24 hours, 7 days a week) * Queensland Association for Healthy Communities * National LGBTI Health Alliance * LGBTI fact sheets https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnxsZ2J0aWxlZ2Fsc2VydmljZXxneDo1MGU5ZmZlMDZmMTc2NjNj LEGAL SERVICE INC (found on QPS website – underneath: “what’s on” link) * Experience family violence or domestic violence at similar rates to heterosexual people * Defines domestic violence (uses word “perpetrator” and “you” * Unfortunately, most domestic and family violence support services and resources target heterosexual relationships * Stereotypes and socialized myths held by people who do not understand the lived experienced by LGBTI communities, also create barriers for LGBTI people accessing support * Offers RSPCA services for pets * Offers numbers (DV Connect, DVRC, QAHC) for support and safety planning * Offers numbers for visa owners, migrations (as above; LGBTI legal service, and refugee and immigration legal service * Can apply for a domestic violence order at a magistrates court (explains what it is) – DFV incident police must investigate charge perpetrator with a criminal offense, urgent, non-urgent domestic violence order on your behalf * Defines PPN – immediate protection issued on the spot by police, until court hearing * Defines urgent temporary protection order – you or police apply, once application made to court, processed very quickly without perpetrator’s knowledge and magistrate provides a date to be heard in court * “” non-urgent – closed court in QLD – only involved in matter can attend and bring along support person and lawyer * Application for domestic violence order processed and a hearing is issued – perpetrator given a copy of the application and is notified of the hearing date Both the survive and perpetrator must attend court to explain their situation if perpetrator disagrees with application, court make another date to hear matter temporary order protect survivoe until next hearing * If the Queensland Police Service (QPS) or a DFV service provider is unhelpful, discriminatory, homophobic or transphobic or does not act to protect you, immediately contact: * 000 – if you are in an emergency; * LGBTI Legal Service for legal advice and support; * QAHC or your counsellor for support and advocacy; * DVConnect for safety planning; * QPS LGBTI Liaison Officer to seek police service assistance; * QPS Domestic and Family Violence Coordinator to seek police service assistance; * Another police station for assistance. * Gives referrals: 000, DV Connect, QPS (Domestic and Family Violence Coordinators), QPS (LBGTI Liaison Officers), Brisbane Domestic Violence Services, Refugee and Immigration Legal Service, Lesbian Gay Bisexual Trans Intersex Legal Service, Healthy Communities (QAHC), Legal Aid (QLD), QAILS – and associated number/contact addresses

http://www.communities.qld.gov.au/communityservices/violence-prevention/about-domestic-and-family-violence-prevention AND http://qlddomesticviolencelink.org.au/category/brisbanenorth/brisbanewest/ HETEROSEXUAL – QLD (672,000 results) * Provides ‘state’ options on where to seek advice * At least 20 services * Safety strategies: side link provides extensive links on: Violence prevention * 
About domestic and family violence prevention * What is domestic and family violence? * Planning for your safety * Technology safety planning * Impact of domestic and family violence on children * Information for children and young people dealing with domestic and family violence * About respectful relationships * What you can do to support a victim of domestic and family violence * Get help if you are a person who uses violence and abuse * 
Domestic and Family Violence Protection Act 2012 * 
Make the call * Elder abuse * 
Domestic and Family Violence Prevention Month * 
Contacts * Forms * 
Publications and Resources * Another side link: protection orders provides a link to Queensland courts and information for a person seeking protection (common questions): http://www.courts.qld.gov.au/courts/magistrates-court/domestic-and-family-violence/common-questions and a link to the Domestic Violence Protection Act www.austlii.edu.au/au/legis/qld/consol_act/dafvpa2012379/‎ * Provides private DV application forms: http://www.courts.qld.gov.au/forms?root=131921&page_asset_listing_102844_submit_button=Submit * Services across QLD http://qlddomesticviolencelink.org.au/category/qldservices/ (one was applicable to LGBTI)

LAW * Domestic violence orders (CTH) * Commonwealth Parliament’s power to legislate in relation to family law matters derives from a combination of legislative power conferred by s 51 of the Constitution, and power conferred by s 122 to make laws for the government of the territories. * Commonwealth’s capacity to legislate derives from referral of relevant powers by the States pursuant to s 51 (xxxvii) of the Constitution * Commonwealth has power to make laws with respect to marriage (s 51(xxi) and ‘divorce and matrimonial causes…” Also has power to make laws with respect to custody, guardianship and maintenance of an access to ex-nupital children including children of de facto couples * Part VIIIAB of the FLA – de facto access mechanisms to determining interests in property and spousal maintenance after separation DOMESTIC VIOLENCE ORDERS – STATE

*** Note: Closed Court Proceedings: s 158

* CAN X APPLY FOR AN ORDER?

SECTION 25(1) – WHO CAN APPLY FOR A PROTECTION ORDER?

1. AN “AGGRIEVED” – DEFINED IN SECTION 21 AS THE PERSON FOR WHOSE BENFIT THE ORDER IS MADE OR A POLICE PROTECTION; or 2. AN AUTHORISED PERSON FOR AN AGGRIEVED; OR – DEFINED IN SUBSECTION 2 AS a. AN ADULT AUTHORISED IN WRITING BY THE AGGRIEVED TO APPEAR ON BEHALF OF THE AGGRIEVED; OR b. AN ADULT WHOM THE COURT BELIEVES IS AUTHORISED BY THE AGGIRVED TO APPEAR ON BEHALF OF THE AGGRIEVED EVEN THOUGH THE AUTHORITY IS NOT IN WRITING 3. A POLICE OFFICER UNDER S 100(2)(A); OR 4. A PERSON ACTING UNDER ANOTHER ACT FOR THE AGGRIEVED
Examples of persons acting under another Act – * A guardian for a personal matter of the aggrieved under the Guardianship and Administration Act 2000 * An attorney for a personal matter of the aggrieved under an enduring power of attorney under the Powers of Attorney Act 1998

iii) SATISFY THE COURT ON 3 TIERS

SECTION 37(1): WHEN A COURT MAY MAKE A PROTECTION ORDER IF SATISIFED THAT:

5. DOES A RELEVANT RELATIONSHIP EXIST BETWEEN THE “AGGRIEVED” AND “RESPONDENT”?

* SECTION 13: MEANING OF RELEVANT RELATIONSHIP 6. An intimate personal relationship (as below); or 7. A family relationship; or 8. An informal care relationship

a) SECTION 14: MEANING OF INTIMATE PERSONAL RELATIONSHIP 9. A spousal relationship; or 10. An engagement relationship; or 11. A couple relationship

b) SECTION 18: MEANING OF COUPLE RELATIONSHIP 1) A couple relationship exists between 2 persons if the persons have or had a relationship as a couple 2) In deciding whether a couple relationship exist, a court may have regard to: a. The circumstances of the relationship between the persons e.g. – i. The degree of trust ii. Level of each person’s dependence on and commitment to the other person b. Length of time the relationship exists/did exist c. Frequency of contact d. Degree of intimacy 3) May have regard to: e. Whether the trust, dependence or commitment is or was of the same level f. Whether 1 of the persons is or was financially dependant on the other g. Whether the person jointly own or owned any property h. Whether the persons have or had joint bank accounts; i. Whether the relationship involves or did involve a relationship of a sexual nature j. Whether the relationship is or was exclusive 4) A couple relationship may exist even if court makes a negative finding in relation to any or all of the factors in subsection (3) 5) A couple relationship may exist between 2 persons whether the are of the same or a different gender 6) A couple relationship does not exist merely because 2 persons date or dated each other on a number of occasions

12. DID THE RESPONDENT COMMIT DOMESTIC VIOLENCE AGAINST THE AGGRIEVED? (Subjective test)

i) SECTION 8 – MEANING OF DOMESTIC VIOLENCE

(1) Domestic violence means behaviour that – a. is physically or sexually abusive; or b. is emotionally or psychologically abusive; or c. is economically abusive; or d. is threatening; or e. Is coercive; or f. In any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else.

(2) INCLUDES: g. Causing personal injury to a person or threatening to do so; h. Coercing a person to engage in sexual activity or attempting to do so; i. Damaging a person’s property or threatening to do so; j. Depriving a person of the person’s liberty or threatening to do so; k. Threatening a person with the death or injury of the person, a child of the person, or someone else; l. Threatening to commit suicide or self-harm so as to torment, intimidate or frighten the person to whom the behaviour is directed; m. causing or threatening to cause the death of, or injury to, an animal, whether or not the animal belongs to the person to whom the behaviour is directed, so as to control, dominate or coerce the person; n. unauthorised surveillance of a person; o. unlawfully stalking a person.

(3) A person who counsels or procures someone else to engage in behaviour that, if engaged in by the person, would be domestic violence is taken to have committed domestic violence.

(4) To remove any doubt, it is declared that, for behaviour mentioned in subsection (2) that may constitute a criminal offence, a court may make an order under this Act on the basis that the behaviour is domestic violence even if the behaviour is not proved beyond a reasonable doubt.

(5) In this section—

* Coerce = a person, means compel or force a person to do, or refrain from doing, something. * Unauthorized surveillance, of a person = the unreasonable monitoring or tracking of the person’s movements, activities or interpersonal associations without the person’s consent, including, for example, by using technology.

i) SECTION 11: MEANING OF EMOTIONAL OR PSYCHOLOGICAL ABUSE

Emotional or psychological abuse means behaviour by a person towards another person that torments, intimidates, harasses or is offensive to the other person. EXAMPLES * Following a person when the person is out in public, including by vehicle or on foot * Remaining outside a person’s residence or place of work * Repeatedly contacting a person by telephone, SMS message, email or social networking site without the person’s consent * Repeated derogatory taunts, including racial taunts * Threatening to disclose a person’s sexual orientation to the person’s friends or family without the person’s consent * Threatening to withhold a person’s medication * Preventing a person from making or keeping connections with the person’s family, friends or culture, including cultural or spiritual ceremonies or practices, or preventing the person from expressing the person’s cultural identity ii) SECTION 12: MEANING OF ECONOMIC ABUSE Economic abuse means behaviour by a person that is coercive, deceptive or unreasonably controls another person without the second person’s consent— a. In a way that denies the second person the economic or financial autonomy the second person would have had but for that behaviour; or b. By withholding or threatening to withhold the financial support necessary for meeting the reasonable living expenses of the second person or a child, if the second person or the child is entirely or predominantly dependent on the first person for financial support to meet those living expenses. EXAMPLES * Coercing a person to relinquish control over assets and income * Removing or keeping a person’s property without the person’s consent, or threatening to do so * Disposing of property owned by a person, or owned jointly with a person, against the person’s wishes and without lawful excuse * Without lawful excuse, preventing a person from having access to joint financial assets for the purposes of meeting normal household expenses * Preventing a person from seeking or keeping employment * Coercing a person to claim social security payments * Coercing a person to sign a power of attorney that would enable the person’s finances to be managed by another person * Coercing a person to sign a contract for the purchase of goods or services * Coercing a person to sign a contract for the provision of finance, a loan or credit * Coercing a person to sign a contract of guarantee * Coercing a person to sign any legal document for the establishment or operation of a business

13. IS THE PROTECTION ORDER NECESSARY OR DESIRABLE TO PROTECT THE “AGGRIEVED” FROM DOMESTIC VIOLENCE?

a) NOTIONS OF “DESIRABILITY and “NECESSARY”

a) MUST CONSIDER THE PRINCIPLES in S 4 (1) This Act is to be administered under the principle that the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount. (2) Subject to subsection (1), this Act is also to be administered under the following principles— (a) people who fear or experience domestic violence, including children, should be treated with respect and disruption to their lives minimised; (b) perpetrators of domestic violence should be held accountable for their use of violence and its impact on other people and, if possible, provided with an opportunity to change; (c) if people have characteristics that may make them particularly vulnerable to domestic violence, any response to the domestic violence should take account of those characteristics; Examples of people who may be particularly vulnerable to domestic violence— • women • children • Aboriginal people and Torres Strait Islanders • people from a culturally or linguistically diverse background • people with a disability • people who are lesbian, gay, bisexual, transgender or intersex * elderly people d) in circumstances in which there are conflicting allegations of domestic violence or indications that both persons in a relationship are committing acts of violence, including for their self-protection, the person who is most in need of protection should be identified;
e) a civil response under this Act should operate in conjunction with, not instead of, the criminal law (3) This Act is to be administered under the principle that the safety, protection and wellbeing of people who fear or experience domestic violence, including children, are paramount. (4) Subject to subsection (1), this Act is also to be administered under the following principles— (d) people who fear or experience domestic violence, including children, should be treated with respect and disruption to their lives minimised; (e) perpetrators of domestic violence should be held accountable for their use of violence and its impact on other people and, if possible, provided with an opportunity to change; (f) if people have characteristics that may make them particularly vulnerable to domestic violence, any response to the domestic violence should take account of those characteristics; Examples of people who may be particularly vulnerable to domestic violence— • women • children • Aboriginal people and Torres Strait Islanders • people from a culturally or linguistically diverse background • people with a disability • people who are lesbian, gay, bisexual, transgender or intersex * elderly people d) in circumstances in which there are conflicting allegations of domestic violence or indications that both persons in a relationship are committing acts of violence, including for their self-protection, the person who is most in need of protection should be identified;
e) a civil response under this Act should operate in conjunction with, not instead of, the criminal law

b) MAY Cb) CONSIDER WHETHER VOLUNTARY INTERVENTION HAS PREVIOUSLY BEEN MADE AGAINST THE RESPONDENT AND WHETHER THE RESPONDENT HAS COMPLIED WITH THE ORDER

14.

CONCLUSION? – RESPODNENT HAS/HAS NOT COMMITTED DOMESTIC VIOLENCE AGAINST THE AGGRIEVED

MAY APPLY FOR A:

i) PROTECTION ORDER? - SECTION 26 a. Has an application for a protection order been made by persons specified in s 25(1)? OR b. Has the court convicted the person of an offence involving domestic violence? OR c. If the Children’s Court is hearing a child protection proceeding
***** If an application for a protection order names more than 1 respondent, the court may make a domestic order or domestic orders naming 1; some or all respondents as appropriate.

ii) TEMPORARY PROTECTION ORDER? – SECTION 27

(a) The court adjourns a proceeding mentioned in section 44(a), (b) or (c); or (b) The applicant for a protection order has asked the clerk of the court under section 36 for the application to be heard by the court before the respondent is served; or (c) The applicant for the variation of a protection order has asked the clerk of the court under section 90 for the application to be heard by the court before the respondent is served; or (d) A police officer applies for a temporary protection order under part 4, division 4.

WHEN CONSIDERING SECTION 44
SECTION 45 – MATTERS COURT MUST BE SATISFIED: (1) A court may make a temporary protection order against a respondent only if the court is satisfied that— a. A relevant relationship exists between the aggrieved and the respondent; and b. The respondent has committed domestic violence against the aggrieved. (2) Subsection (1) does not apply if the court makes a temporary protection order under section 44(b).
*** NOTE SECTION 47(3) the court may make a temporary protection order against the respondent [who has not been served] only if the court is satisfied that… [It] is necessary or desirable to protect the aggrieved, or another person named in the application, from domestic violence.

iii) OUSTER ORDER? – S 63

1) PROHIBITS THE RESPODNENT FROM:
(a) Remaining at the premises;
(b) Entering or attempting to enter the premises;
(c) Approaching within a stated distance of the premises.

2) COURT MUST GIVE REASON FOR OUSTER – CONSIDER: k. The safety of the aggrieved; l. The minimization of disruption to the aggrieved; m. The accommodation needs of both parties; n. The need to maintain social connections and support; o. Access to care, employment etc.

iv) VOLUNTERY INTERVENTION ORDER? – SS 69-75

* Court can make orders for Respondent to attend approved programs. * The purpose of the program and/or counseling is to help them to work through the issues that have led to domestic violence and to help them change their behaviours. * S. 71 – respondent has to agree and approved provider must be given opportunity to assess suitability (s. 72) * If don’t comply, provider must notify the court and police if relevant

v) IF THE COURT MAKES A PROTECTION ORDER:

d. SECTION 28, 56 - THE RESPONDENT MUST ABIDE BY (standard) CONDITIONS e. SECTION 117-182 - IF BREACHES ORDER/POLICE PROTECTION NOTICE: (3) Fined (4) Becomes criminal application sentencing f. SECTION 72 –CHILD’S WELFARE PARAMOUNT WHEN LIMITING CONTACT BETWEEN PARENT AND CHILD g. SECTION 78 – CONSIDER OTHER FAMILY LAW ORDERS (5) (2) However, the court must not diminish the standard of protection given by a domestic violence order for the purpose of facilitating consistency with a family law order. h. ****** NOTE END OF PROTECTION ORDER – 97 (6) A protection order continues in force until the earliest of the following— (a) The day stated by the court in the protection order; (b) The day that is 2 years after the day the protection order is made. (7) However, if the court is satisfied that there are special reasons for doing so, the court may order that a protection order continues in force for a period of more than 2 years.

POLICE PROTECTION NOTICES – STATE

A police officer may issue a notice (a police protection notice) against a person (the respondent) if the police officer— a) is present at the same location as the respondent; and b) reasonably believes the respondent has committed domestic violence; and c) reasonably believes that no domestic violence order has been made, or police protection notice issued, that— a. names the respondent as a respondent and another person involved in the domestic violence mentioned in paragraph (b) as the aggrieved; or b. Names the respondent as an aggrieved and another person involved in the DV d) Reasonably believes that a police protection notice is desirable to protect the aggrieved from domestic violence; and e) Reasonably believes the respondent should not be taken into custody; and f) Has obtained approval under s 102 to issue the notice

A police officer may issue a notice (a police protection notice) against a person (the respondent) if the police officer— g) is present at the same location as the respondent; and h) reasonably believes the respondent has committed domestic violence; and i) reasonably believes that no domestic violence order has been made, or police protection notice issued, that— c. names the respondent as a respondent and another person involved in the domestic violence mentioned in paragraph (b) as the aggrieved; or d. Names the respondent as an aggrieved and another person involved in the DV j) Reasonably believes that a police protection notice is desirable to protect the aggrieved from domestic violence; and k) Reasonably believes the respondent should not be taken into custody; and l) Has obtained approval under s 102 to issue the notice

1) POWER TO ISSUE PPN – s 101
2) STEPS OF PPN –

1. Police attend an incident and reasonably believe dv has been committed; 2. Police determine not to take a person into custody; 3. There is a reasonable belief that the notice is necessary and desirable; 4. Obtain approval for issue from ‘approved supervising officer’ (s 102) 5. A police officer must explain the notice to the respondent and the aggrieved person; 6. The notice is taken to be an application for a protection order to ensure future judicial scrutiny; and 7. A court hearing an offence for the contravention of a notice must consider whether the notice was properly issued in the first instance

RESEARCH DISA – SERVICES

http://www.adfvc.unsw.edu.au/PDF%20files/Gay_Lesbian.pdf -Australian Domestic and Family Violence Clearinghouse Topic Paper: Domestic Violence in Gay and Lesbian Relationships
Topic Overview * Experience domestic violence differently – different challenges * Domestic violence in these relationships includes: a pattern of behaviour, involving one partner using and maintaining power and control over the other, which causes fear in the other partner * Abuse specific to lesbian and gay relationships result from heterosexist and homophobia * Homophobia is defined as ‘the irrational fear and hatred of homosexuals’ * 1990 - decriminalisation of homosexual activity in Queensland. * Only recently criminalisation of sexual activity between gay men (+ arguably, lesbian sexual activity) under the Tasmanian Criminal Code has been nullified by international legal action and Federal Government intervention. Some jurisdictions still have laws that outlaw sodomy. * The World Health Organization did not declassify homosexuality as a pathological illness until the early 1990s * Isolating effects created by homophobia and discrimination=lesbians or gay men are also often isolated from family and friend
MATTERS STOPPING THEM FROM SEEKING HELP * Abusive partners can rely on homophobia or heterosexism as a tool to control their partner. Abuse involves: * ‘Outing’ or threatening to out their partner to friends, family, police, church or employer; * Telling their partner that s/he will lose custody of the children as a result of being ‘outed’; * Telling a partner that the police or the justice system will not assist because the legal justice system is homophobic; * Telling a partner that the abusive behaviour is normal within gay relationships and convincing the abused partner that s/he does not understand lesbian or gay relationships and sexual practices because of heterosexism. * For gay men and some lesbians living with HIV or AIDS, there are related and specific forms of abuse. * Although HIV or AIDS can affect heterosexual people, for gay people, there could be the specific abuse of being threatened to be ‘outed’ by their abusive partner if they did not wish their sexual identity to be disclosed= impact employment and social relationships+ the additional perception or fear of the police or justice system(not receptive: homophobia). * HIV/AIDS does not cause domestic violence, it can be a factor in abuse * The inability to resist unsafe sex (sexual assault )and threatening to reveal a HIV status. * HIV status: shown to influence gay men’s decision making about staying in abusive relationships. * Victims of same-sex domestic violence who are HIV- positive may also feel they have no other support apart from their abusive partner. * If the abusive partner is HIV-positive, the victim may feel guilty about reporting the abusive partner to the police as this may be perceived as betraying the gay community * Homophobia contributes to the opportunity for abuse to occur without incurring any negative consequence. – isolation from friends and family * Homophobia isolates the abused partner and prevents her/him from accessing resources such as family, friends, social services, police and the legal system ( * The silence around violence in same-sex relationships may also be reinforced by the fear that acknowledging it may feed societal homophobia and contribute to prejudice about gay or lesbian relationships. * Victims may be reluctant to call the police or seek legal help due to fears that the violence would be dealt with as ‘mutual battering’ and fear that they may get arrested * The misconception that same-sex violence must be ‘mutual’ or ‘equal’ is exemplified by the fact that frequently, when abused gay or lesbian people seek restraining orders against their abuser, mutual orders are made by the courts * The context of societal homophobia and discrimination, and the likelihood that gay people may have experienced homophobia in the past would mean that many would be wary of accessing services * For gay people from diverse cultural backgrounds, there may be a history of poor relationships with the police or discrimination in service provision, which presents additional barriers for them

STATS * Barriers to accessing restraining orders were also described in a study involving 21 women in lesbian relationships from all states in Australia except Tasmania and the Northern Territory. It was found: * Only 1 out of the 9 incidents where police had been contacted did the woman take out an Apprehended Violence Order . * Research found that lesbians and gay men have low levels of reporting any crime to police * Another survey reporting that over 50% of lesbian crime survivors as having no contact with the police or had delayed contacting them
WHAT CAN BE DONE * Service providers need to be aware that barriers to seeking help or reporting domestic violence are more acutely felt by lesbians and gay men, in particular those from Indigenous and ethnic communities. * Gay and lesbian people from Indigenous and ethnic communities may have additional reasons to mistrust the police and legal systems. - experiences or anxieties about racism, and cultural or linguistic inappropriateness by support service providers. * Participants at a domestic violence conference held in London in 2002 discussed experiences of lesbians and gays being ‘outed’- Sometimes this could mean being ostracized from a particular ethnic or racial community. * Some perpetrators threatened to report their partners who were asylum seekers to immigration authorities or threatened that they would be deported back to countries with homophobic laws. * researchers and service providers need to be aware of the context for the relative silence of gay male communities about domestic violence, compared with lesbian communities. * Women’s refuges are also resources to which gay men abused in domestic violence do not usually have ready recourse * ( ALSO UNDER SERVICES AVAILIBLE SECTION) The NSW ACON Housing Project provides advocacy and support to people living with HIV/AIDS who are homeless or at risk of homelessness . * It found that an increasing number of their clients are disclosing experiences of same-sex domestic violence. * lack of appropriate housing options and referral for support specific to the needs of victims of same-sex domestic violence noted that when people experiencing same-sex domestic violence are not able to access services, they would be at risk of homelessness, which would put their safety at risk. * Safety screening procedures of refuges need to recognise that the abusive partner in a same-sex relationship may also gain access. * The issue of mainstream agencies not being able to distinguish between the abuser and the abused in same-sex relationships was raised at the 2002 London conference on domestic violence experiences of lesbians and gay men * Focus groups conducted by Bagshaw et al. (2000) also reported examples of lesbian perpetrators accompanying their injured partners to doctors and hospitals, where it was believed that the abusive partners were supportive friends, and consequently the abused women were not separately interviewed. * Better training and safety screening procedures would be necessary in this context. * in the U.K a survey recently by the Department of Health - 54% of lesbian and bisexual women did not feel safe to discuss their sexuality with their General Practitioners * Practitioners would need to understand these issues in any intervention with a woman experiencing domestic violence in a lesbian relationship * Lie and Gentlewarrier (1991) - survey in the United States of 1109 lesbians who reported on the resources most likely to be used after an abusive episode. At least two thirds of the respondents reported that they were unlikely to use any of the resources listed, regardless of whether they were the abused woman or the perpetrator of violence. * About one third of the respondents said that if they were abused in a violent relationship, they would choose the following four resources: support groups, self-help groups, private therapy or counselling, and battered women’s shelters. * survey Ristock (1994), involving 113 respondents, asked abuse survivors about their help-seeking behaviour and asked them to choose from a list of help services. Most (80%) of the survivors of domestic violence in lesbian relationships had sought help primarily from friends. THIS IS A JOURNAL ARTICLE * Renzetti 1992 (in Ristock 1994) reported similar findings * These survey results highlight the fact that most lesbians abused in domestic violence avoided mainstream agencies and believed in the likelihood of not being accepted or not being taken seriously by them * ACON’s counselling project on same-sex domestic violence in NSW had found that the data on presenting issues confirm that many people will not present to health services specifically for domestic violence= highlights the significant role for health workers in identifying same-sex domestic violence. * (ALSO FIT IN SERVICES AVAILIBLE)Specific same-sex domestic violence survivors’ support services have been identified * St George Hospital Social Work Service in NSW (Schembri 2002) – and a project with an interagency approach for social workers and other community service providers at the NSW St Vincent’s Community Health Service, Darlinghurst Centre, to respond to the needs of gay male clients who are HIV-positive with experience of domestic violence * Crime Prevention Division of the NSW Attorney-General’s Department (2001) found that the support services in Australia generally appear fragmented and that gay and lesbian counselling services operated with limited funding and with volunteer workers, while attempting to provide requested support to domestic violence survivors. * Recently in NSW, -some services specifically for lesbians and gay men in domestic violence are being developed to address intimate partner violence. * In 2003 ACON was successful in gaining funding to conduct a Community Awareness Campaign about same-sex domestic violence. * Resulted in a designated website and establishment of a Same Sex Domestic Violence Interagency Working Group to guide and agitate for the development of more effective responses to those in lesbian and gay relationships involving intimate partner violence.
Some of the major theoretical approaches

* The family systems approach or family violence frameworks view partner abuse as part of a pattern of violence among all family members (Perilla et al. 2003). In contrast, traditional feminist theories attribute lesbian domestic violence to gender oppression (McClennen et al. 2002). Western feminist theories place gender-based power as central in the analysis of inequality in relationships, with the focus mostly on male-female relationships, and thus have been criticised for omitting an analysis of violence in same-sex relationships (Perilla et al. 2003). Family systems research has also been criticised for its Conflict Tactics Scales (CTS) and for counting the frequency of violent acts without looking at the context in which domestic violence occurs (Perilla et al. 2003). * Psychological theories focus on the individual’s learned behaviour of others who abuse (McClennen et al. 2002). * Land and Letellier proposed a gender-neutral theory of domestic violence that focused on the psychology of the perpetrator and argued that the abuser should be identified by behaviour instead of gender. However, if domestic violence is not a gender issue, then one could assume that heterosexual domestic violence would be equally perpetrated by men and women, which is clearly not the case. Merrill argues that, just as a feminist approach alone may not explain same-sex domestic violence, a psychological approach alone also fails to account for the disproportionate number of male perpetrators in heterosexual domestic violence. He believes that feminist and psychological frameworks do not have to be mutually exclusive. Like Renzetti, he advocates the integration of socio-political and psychological theories. Social-psychological theorists such as Zemsky, Gilbert and others (Perilla et al. 2003) combined the psychological and socio-political feminist theories and classified ‘causation into 3 categories: learning to abuse, having the opportunity to abuse, and choosing to abuse’ (Merrill 1996, p. 13). * Elliott proposes that the use of violence in gay and lesbian relationships is about power rather than gender (Perilla et al. 2003). She argues that ‘as sexism creates opportunity for heterosexual men to batter women, homophobia creates opportunity for people in same-sex relationships to batter their partners’ (Perilla et al. 2003, p.20). In both contexts, she argues that there is opportunity to abuse and a perceived freedom from negative consequences. According to Elliott, there is power abuse in both heterosexual and gay and lesbian relationships, but the source of power differs (Perilla et al. 2003). In the heterosexual context, gender is the defining factor but power in same-sex relationships may be a function of various elements such as education, class and ethnicity interacting with one another (Perilla et al. 2003). However, Bird (2004) argues that feminist analysis and gender analysis should not be used interchangeably. She suggests that a feminist analysis of male violence against women can be expanded to examine experiences of oppression and internalisation of the ideology of oppression that lead to replicating the dynamics of power and control in intimate relationships. * others like Ristock (1994) hold that heterosexual domestic violence should not be treated as the analytical framework for all abusive relationships and instead, the social context surrounding gay and lesbian intimate partner abuse could be examined. * She advocates a framework that recognises diversity rather than gay/straight dichotomies . * Mason (2002) also suggests that violence against gay people should not be posed as a question of either gender or of sexuality, but rather, as an interaction between the power relations in dominant discourses of both sexuality and gender. * In order to respond appropriately to gay and lesbian domestic violence, major issues need to be addressed, including the role of heterosexism and homophobia as barriers to seeking assistance. * low availability, suitability or accessibility of support services, accommodation, health services and the legal system, including police and the courts, are of major concern * Domestic violence within gay and lesbian relationships raises questions for the dominant theoretical explanatory frameworks of domestic violence and this has implications for service providers . * ACON (2003) discussed barriers faced by victims of same-sex domestic violence in seeking or receiving assistance including issues: * how to identify same-sex domestic violence, * how to identify or distinguish the perpetrator from the victim of same-sex domestic violence, * barriers in acknowledging abuse, * statistics on same- sex domestic violence, * the role of homophobia in maintaining silence, * legal help including the police, and services availability. * Future research could also seek to provide a better understanding of how current approaches to domestic violence marginalise people on the basis of sexual preference, identity, orientation and Indigenous or ethnic background. * By supporting lesbians or gay men to work with others, through research, discussion and education about barriers to services, change could be fostered - necessary to empower the lives and secure safety of gay and lesbian people experiencing domestic violence.
ANOTHER CLOSET - http://www.anothercloset.com.au/about-us/- The LGBTIQ Domestic Violence Interagency (formally the Same Sex Domestic Violence Interagency)
ABOUT THEM * Formed 2001 in Sydney, Australia * result of a number of non-Government and Government agencies coming together with the aim of creating a collaborative response to the issues surrounding same sex domestic violence. * The Interagency has a broad membership and has met consistently for the last 10 years. * has representatives from many fields of expertise working to provide services to respond to domestic violence. * From police to health care workers, community organisations to private practitioners, each member is committed to creating awareness of domestic violence in LGBTIQ relationships to the wider community and working towards the provision of adequate services for people experiencing this violence. * unfunded and relies on the kind support and volunteer hours supplied by participating individuals and agencies
THE ISSUE * Lack of understanding =people may not: * believe domestic violence happens in same-sex relationships * Recognise abuse as domestic violence if it does happen to them and/or * know how to respond if they see domestic violence in their friend’s or family members’ 
relationships. * the relatively small size and close-knit nature of gay and lesbian communities, especially in smaller cities and rural areas, can make it difficult for the abused partner to seek help. * they may feel embarrassed about the abuse, or their partner may have tried to turn others in their community against them. * an abusive partner may isolate them from contact with their community by preventing them from reading community media, attending events or seeing their friends. * this is especially true for people in their first same-sex relationship who may not have had much contact with the community before the relationship began * services may not be well developed * although women can access most general domestic violence services, like refuges, court assistance schemes, and counselling services, these services may have little experience in working with same-sex domestic violence and therefore, may not offer the most appropriate service. * for gay men there are currently few specific services that offer assistance or support. the same-sex Domestic Violence interagency and other organisations are working to address this issue.

* Factors unique to the experience of domestic violence in rural areas. these include: * There may be few support or legal services available in the local area. * It may be difficult to maintain privacy and confidentiality. * Physical isolation may make it difficult to contact friends, family, neighbours or services. * The greater chance that someone seeking help may encounter homophobia or discrimination from 
services.
WHATS SHOULD YOU DO IF EXPERIENCING DOMESTIC VIOLENCE ( PROBS NOT NEEDED FOR POSTER BUT JUST IN CASE ): * Developing a comprehensive crisis plan * Seeking the support of a few trusted friends or services, even if they are outside the area. * Seeking services in neighbouring towns or regional centres. * Talking with state-wide services, eg the Domestic Violence line (1800 65 64 63). * Accessing services and information via the internet, such as another closet website ssdv.acon.org.au * As well as the domestic violence there is a range of support services that someone with a chronic illness may be able to contact. these include: * A trusted doctor, nurse or other health care worker or a hospital social worker or counsellor. * Centrelink (13 10 21). * Acon (9206 2000 / 1800 063 060), * Illness-specific support groups eg the cancer council (9334 1846 / 13 11 20) or ms society, for information on treatments, legal rights, support services, and so on. These groups may not have experience providing support to gay men or lesbians escaping domestic violence but they may be able to provide support around the specific requirements of the illness. * Non-biological parents and donors, regardless of their relationship with the child, do not have any automatic legal right or responsibilities over a child unless there is a parenting order issued by the family court. If you are experiencing domestic violence and you have children with your partner or from a previous relationship you should seek legal advice. the DV line (1800 65 64 63) can refer you to appropriate services or the inner city legal centre (1800 244 481) can advise you.
SERVICES
Emergency Call the Police- Call 000. * The police have guidelines that instruct them to respond to domestic violence in a particular way. * Police should: respond promptly, ensure your safety, stop the violence, thoroughly investigate what has happened, speak to you and your partner separately, get a statement from you and any witnesses, collect evidence, take photos of any injuries and the scene, and arrest the violent person if they have committed a criminal offence. * They should also notify the Department of community services if there are children. Some police officers are specialist Domestic Violence liaison officers or gay and lesbian liaison officers, and you can ask if one is available.
Police
* Police have the power and responsibility to intervene and protect you from physical or sexual violence or stalking. * If it is not an emergency you can ask if a gay and lesbian liaison officer (gllo) who has had training in working with members of the gay and lesbian community is available. * Alternately, you may wish to speak with a Domestic Violence liaison officer (DVlo) who has special training in working with people who are experiencing domestic violence. * Most stations have a DVlo, some have a gllo. to contact a gllo or DVlo call the police switchboard on (02) 9281 0000 and ask for the station or office nearest you.

Talk to someone you trust * If you have a friend or a family member you trust, tell them what is going on and how it makes you feel. * Talking to someone else can help you understand what is happening to you. * They may also be able to help you contact support services and/or to make a crisis plan.
Call the domestic Violence line MAY HAVE TRAINING CEHECK THE QLD SERVICE Apply for an apprehended Violence Order LOOK UP PROCEDURE
Talk to a Counsellor * Here is a range of services that can provide you with information, referral, help and support. these include: * domestic Violence line * The Department of community services Domestic Violence line is the primary information service for people experiencing domestic violence in nsW. the DV line is free, confidential and staffed 24-hours, 7-days a week. * Free call: 1800 65 64 63 tty: 1800 67 14 42
Sexual assault services (LOOK UP BRISBANE EQUIVILANT ) the nsW rape crisis centre offers 24-hour counselling, support and information.Phone: (02) 9819 6565
tty: 9181 4349 or 1800 42 40 17 website: www.nswrapecrisis.com.auroyal prince alfred hospital’s sexual assault service offers 24-hour counselling, support and referral.business hours: (02) 9515 3680 after hours: (02) 9515 6111
Relationships Australia * Relationships Australia provides relationship support including counselling, family dispute resolution, relationships education and parenting skills training, specialised family violence programs, children’s programs, and programs which specifically engage indigenous and culturally and linguistically diverse families, groups and communities. * Phone: 1300 364 277
website: www.relationships.com.au
Victims support line * If you have experienced physical or sexual assault you can call the 24-hour Victims support line for information, support and referral. the staff can tell you about your right to claim compensation and help you complete an application, as well as provide you with information about preparing a victim impact statement. You may also be able to apply for counselling through the Victims of crime bureau. * Phone: (02) 9374 3005 freecall: 1800 63 30 63
Law access nsw * Lawaccess nsW provides free telephone legal information, to people in nsW. legal information resources such as applying for an aVo can be accessed on the lawaccess nsW website.
ACOn’s lesbian and Gay anti-Violence Project * The lesbian and gay anti-Violence project (aVp) works to improve the outcomes for victims of homophobic and same-sex domestic violence and to address the underlying causes of violence. * The aVp runs a confidential violence report line and an information and referral service. * The aVp also lobbies relevant authorities for better services for the glbt community. by making a report to the aVp you can assist them to monitor and map homophobic hate crimes and ssDV. * This information is then used to develop education and safety strategies and to advocate for change to make our community safer. * The anti-Violence project is generally open 10am-6pm, monday to friday. * Phone and tty: website: * 1300 888 529 www.lawaccess.nsw.gov.au
Domestic Violence advocacy service legal advice line (BRISBANE OFFICE???) * The Domestic Violence advocacy service provides specialised legal advice for women. open 9.30am - 12.30pm and 1.30pm - 4.30pm, monday, tuesday, thursday and Friday * Sydney advice line: Rural free Call line: tty * (02) 8745 6999 1800 810 784 1800 626 267

inner City legal Centre (iClC), lesbian and Gay legal Rights service and safe Relationships Project aCOn * Acon is a community based glbt health and hiV/aiDs organisation. * Acon has a range of services that may be appropriate for people experiencing same-sex domestic violence such as information, referral, counselling or support. * Acon services also include an aboriginal project, a lesbian health project, an alcohol and other Drugs program, hiV services and a range of services for gay men. www.acon.org.au
The Gender Centre (BRISBANE??) * the gender centre provides information and services to transgender people in nsW. * Phone: (02) 9569 2366
website: www.gendercentre.org.au
Translating and interpreting service * The translating and interpreting service is a national service for people who do not speak English and for English speakers who need to communicate with people who do not speak English. The service is available 24 hours a day, seven days a week. http://www.anothercloset.com.au/storage/Gap%20Analysis.pdf Acon – NSW running a program called anti-Violence Project- https://www.acon.org.au/anti-violence/What-We-Do
The AVP is available Monday to Friday 10am - 6pm on 02 9206 2116 or an online report can be made here.

Safe relationship project- in NSW

Domestic violence or abuse * Domestic violence is when a partner in a relationship tries to dominate or control the other partner, causing fear or harm. This may be psychological or physical abuse.
The Queensland Police Service: * offer support and advice to young people where there may be domestic violence or abusive situations * have liaison officers to help the LGBTI community who may be experiencing, or committing any form of abuse or domestic violence.- http://www.qld.gov.au/youth/family-social-support/support-lgbti-young-people/

ANOTHER CLOSET - http://www.anothercloset.com.au/about-us/- The LGBTIQ Domestic Violence Interagency (formally the Same Sex Domestic Violence Interagency)

Making a Complaint * In NSW it is illegal to discriminate against someone on the basis of their sexuality, transgender status, gender, age, race or marital status. if you feel you have been discriminated against you may be able to take action against the particular service. certain services like women’s refuges can legally refuse to offer service to men. this is to ensure the safety and appropriateness of services to their clients.
The Police * If the police do not respond as they should or they refuse to acknowledge your relationship or behave in other inappropriate ways, you can: * Ask to speak to the officer in charge. if necessary, call the station while the police are still at your home. * Make a complaint to the police customer assistance unit by calling 1800 62 25 71. * Contact the NSW ombudsman’s office on (02) 9286 1000 or 1800 45 15 24. one of the core functions of the NSW ombudsman is to handle complaints about government agencies.

http://www.anothercloset.com.au/storage/Gap%20Analysis.pdf * Barriers to accessing support included having little or no personal awareness of what might constitute SSDV, lack of awareness of services
that would support GLBTI people experiencing domestic violence and isolation from friends or families as a result of the abuse. * Most participants didn’t recognise their relationships as domestically violent until after the relationship had ended and they became more aware of SSDV. * Challenge for all interviewees to find support * Legal support was not high on the list of priorities for interviewees with few attempting to acquire or actually obtaining Apprehended Violence Orders (AVOs). * Negative experiences included being referred for sexual reorientation instead of DV support, the
lack of appropriate accommodation and other support services for men, and having to deal with the prejudices of mainstream service providers regarding men seeking support in relation to same sex domestic violence. * Most interviewees eventually found appropriate support, but this was generally after searching and having negative experiences with mainstream services first. * Assistance and advice from friends was identified
as the key support by all interviewees. * Specifically noted that GLBTI friends were supportive and understanding. Three interviewees noted that support was also found in the workplace. * Police experiences and interactions were varied with some interviewees expressing gratitude for the support they received and others not feeling understood or supported. * However, even the most supported participants expressed some initial hesitation in contacting the police due to perceived fears of institutional or interpersonal homophobia and potential inappropriate service. * Children & family support needs were also identified as important. * Noted need for services which are culturally appropriate and supportive of children from families of diverse sex, sexuality and gender * All of the interviewees who accessed services known and respected by GLBTI communities experienced positive interactions. Telephone counselling was also highly valued as it allowed anonymity * Three interviewees indicated that through their experience of SSDV they had used this experience and new knowledge in a positive manner, including often participating in the wider community as a result.
Recommendation for mainstream domestic violence service providers * Ensure staff are provided with appropriate training and ongoing support in the delivery of good practice SSDV services. * Seek the support and resources of specialists in the area of SSDV in the design and delivery of training, services or policies. * Ensure sustainability of inclusive practices, programs and policies in the reorientation of services. * Initiate and foster ongoing working relationships with GLBTI community organisations, networks and groups in building and maintaining culturally appropriate services and increasing access. * Develop and utilise client intake forms and DV screening processes in order to gather specific statistical data on sex, sexuality and gender. * Use gender neutral and inclusive language in
all intake processes. This includes not assuming heterosexuality, ensuring gendered language does not exclude, and being sensitive to the diversity of relationships. * Develop, implement and monitor workplace policies which recognise the impacts of DV and SSDV on staff and consequences within the workplace. This would include the formulation of supportive and inclusive clauses within employment agreements to support staff experiencing domestic violence.

LGBTI Liaison Officers http://www.police.qld.gov.au/programs/cscp/communityLiaison/lgbti/lias_off.htm * The Service recognises the difficulties faced by the LGBTI community * seeks to assist the Queensland LGBTI community to gain access to justice through the provision of legal and social welfare services. * Provide community legal education activities and resources in order to increase awareness of legal rights and responsibilities for the LGBTI community in Queensland. * The Service includes a law reform division, which is actively involved in advocating for law reform and human rights.

What they do

* We provide legal advice and information to clients who have legal problems which arise from their identification as LGBTI and/or because they feel more comfortable in dealing with a solicitor with specific skills, interest and understanding of LGBTI legal issues and/or the barriers experienced by LGBTI peoples in accessing the legal system. * The most common issues we provide advice in are in relation to family law, domestic violence, surrogacy and parenting rights, criminal law, discrimination, victims support, civil matters, legal issues in relation to government decisions, Centrelink matters, and employment matters. * Participate in law reform on LGBTI legal issues, as well as community legal education and awareness raising * Phone: 0401 936 232 * Email: lgbti.legalservice@gmail.com

https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnxsZ2J0aWxlZ2Fsc2VydmljZXxneDo1MGU5ZmZlMDZmMTc2NjNj call 000

* Most services for hetrosexuals * Stereo types and socialized myths create barrier to seek help

https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnxsZ2J0aWxlZ2Fsc2VydmljZXxneDo1MGU5ZmZlMDZmMTc2NjNj -print !!!

WOMENS LINE

* DVConnect is the only state wide telephone service offering anyone affected by domestic or family violence a free ‘crisis hotline’ 24 hours a day 7 days a week * free, professional and non-judgemental telephone support, wherever you live in Queensland * DVConnect Womensline takes over 4000 calls every month from Queensland women who are in fear of or in immediate threat of danger from Domestic or Family Violence, and on average we assist over 350 of them and often more than 400 children to be moved to safety every month * arrange practical assistance such as counselling, intervention, transport and emergency accommodation for Queensland women and children who are in danger from a violent partner or family member
MENSLINE
* Offers specialist assistance for men who are seeking help and looking for ways to address their own use of violence and other destructive patterns in their personal lives and relationships, as well as those who may be (or have been) victims of violence themselves * Mensline also receives calls from family members, parents and friends seeking information about issues of domestic or family violence. * Court Support -Each month the professional counsellors at DVConnect will offer telephone guidance to hundreds of men and women and some face to face support (not legal advice) to another 200 men and women involved in court proceedings relating to domestic or family violence. * The full extent of the court support provided via Mensline and Womensline may differ but our overarching focus is the ultimate safety of women and their children. * DVConnect respects people from all cultures, backgrounds and religions and we strive to deliver culturally sensitive services. We believe in the right of all people to be safe from violence both within their families and their communities. * A number of our counsellors come from culturally diverse backgrounds, and at times we can offer direct telephone counselling in a number of languages other than English. * If we do not have anyone available who speaks your first language we have access to translating / interpreter services so if there is a language we don’t speak we can still offer our high level of service. * DVConnect is a not for profit community organisation funded largely by the Department of Communities. * DVConnect Limited is a registered company (ABN: 66 101 186 476). We are a charitable organisation with Deductible Gift Recipient (DGR) status with the Australian Taxation Office, and we have Authority to Fundraise in Queensland * Women 1800 811 811 * Men 1800 600 636 * Sexual Assault 1800 010 120

Brisbane based
DVConnect Limited
P.O. Box 10575
Adelaide Street
Brisbane. Qld 4000Email: For all general /administration enquiries: mail@dvconnect.orgPhone: 07 3156 2323 (9am – 5pm Mon – Fri only)
National Services
1800 737 732 / 1800 RESPECT 1800respect.org.au
National 24 / 7 day telephone helpline
State-wide Services
Contacts
* Aboriginal & Torres Strait Islander Women’s Legal & Advocacy Service 1800 442 450 * Aboriginal and Torres Strait Island Legal Service 07 3025 3888 or 1800 012 225 atsils.com.au
ATSI Women Legal & Advocacy Service 1800 442 450 * Office of Adult Guardian 1300 653 187 justice.qld.gov.au * Counselling
Better Relationships (Anglican Family Services) 1300 114 397 kinections.com.au * Beyond Blue (Depression & Anxiety) 1300 224 636 beyondblue.org.au * Family Relationship Advice line 1800 850 321 familyrelationships.gov.au
 * Lifeline (24 hours) 13 11 14 lifeline.org.au
 * Mental Health Assn. Aust. 1300 729 686
 * Mercy Family Services 07 3280 8000 mercyfamilyservices.org.au
 * Salvo Careline 07 3831 9016 salvos.org.au
 * Relationships Australia 1300 364 277 relationships.org.au
Qld / Commonwealth Government Services
Centrelink – Remote Areas (Cape York/Rural West and Gulf) 07 4190 5268
Queensland Department of Communities communities.qld.gov.au
Domestic Violence Research 
For fact sheets and further information about Domestic Violence
Queensland Centre for Domestic and Family Violence Research noviolence.com.au * Homeless Persons Information Qld 1800 474 753 housing.qld.gov.au * Immigrant & Multicultural Services
Interpreting Service 13 14 50 communityservices.act.gov.au
Immigrant Women’s Support Service Inc 07 3846 3490
Vietnamese Women’s Association of QLD Inc 07 3846 3189 * Gay and Lesbian Services
Lesbian and Gay Welfare Association 1800 184 527 glwa.org.au
Gay and Lesbian Counselling and Community Services: 1800 184 527 * LegalServices
Office of Adult Guardian 1300 653 187 justice.qld.gov.au * Court Support /DVConnect Womensline 1800 811 811 * Court Support/DVConnect Mensline 1800 600 636 * Legal Aid 1300 651 188 legalaid.qld.gov.au * Legal Aid DV Unit 07 3283 3425 * Victims of Crime Qld 1300 546 587 justice.qld.gov.au * Victim Support Unit 1800 267 671 victimsupportunit.org * Welfare Rights Centre Inc 1800 358 511 wrcqld.org.au * 
Women’s Legal Service (9.30am – 1pm) 1800 677 278 wlsq.org.au * Mens Services
DVConnect- Mensline (9am –midnight/ 7 days) 1800 600 636 dvconnect.org 
 * Mens Info and Support Association 07 3889 7312 misa.org.au * 
National Mensline 1300 789 978 mensline.org.au
 * Queensland Police Domestic Violence Information police.qld.gov.au
Queensland Domestic Violence Services Network (Cairns) 07 4033 6100 dvcairns.org
Parenting / Parentline 1300 301 300 parentline.org.au * Pregnancy
Crisis Pregnancy Counselling 1300 737 732
Children by Choice 07 3357 5377
Zig Zag – Young Womens Resource Centre 07 3843 1823 * Prisoners Legal Services Inc plsqld.com * Seniors
Elder Abuse Helpline 1300 651 192 * Sexual Assault / Sexual Abuse
State-wide Sexual Assault Helpline (24 hours) 1800 010 120 dvconnect.org
 * 
Gay and Lesbian Counselling and Community Services 1800 184 527
 * Queensland Sexual Assault Counselling Services 1800 737 732 
 * LivingWell – Sexual Assault Services for men livingwell.org.au
Immigrant Women’s Sexual Assault Service 07 3846 5400 * Victim Support Service 1800 267 671 victimsupportunit.org
 * Women’s Services
DVConnect Womensline Crisis Support 24/7 1800 811 811
Womens InfoLink (8am– 6pm) 1800 177 577 communities.qld.gov.au
Zig Zag – Young Womens Resource Centre 07 3843 1823 * 
Queensland Police Domestic Violence Information police.qld.gov.au
REGIONAL QUEENSLAND SERVICES
Greater Brisbane * ATSI Women Legal & Advocacy Service 07 3392 3177 * Bayside Community Legal Services (Capalaba) 07 3206 2724
 * Brisbane Sexual Health Clinic (Mon – Fri Various hrs) 07 3837 5611
 * Sandbag-Community Services (Sandgate) 07 3869 3244
 * Sandbag-Community Services (Bracken Ridge) 07 3269 0277 * Immigrant Womens Support Service 07 3846 3490 * Ipswich Womens Centre Against Domestic Violence 07 3816 3000 * Logan- WAVSS( Working Against Violence Support Service) 07 3808 5566
 * Logan Legal Advice Centre 07 3290 4199
 * Logan Youth Legal Services (Slacks Creek) 07 3208 8199 * South Brisbane Immigration & Legal Service 07 3846 3189
 * South West Brisbane Community Legal Centre (Inala) 07 3372 7677
 * Tenants Union of Qld 07 3257 1108
 * Vietnamese Women’s Association of QLD Inc 07 3846 3189
 * Welfare Rights Centre (Stones Corner) 07 3847 5532 * Youth Advocacy Centre (Wooloowin) 07 3356 1002 yac.net.au
 * Youth and Family Service (Logan City) 07 3826 1500 * Gold Coast
Gold Coast Domestic Violence Service 07 5532 9000 domesticviolence.com.au * North Gold Coast DFV Outreach Service 07 3807 9922
 * Multicultural Families Organisation Inc 07 5571 0381
The Migrant Centre Inc 07 5591 7261

http://www.dvconnect.org/?page_id=64

About Womensline * DVConnect Womensline is the only state wide telephone service offering women who are experiencing domestic or family violence 24 hours a day 7 days a week. * We offer free, professional and non-judgemental telephone support to you, wherever you live in Queensland. * We can arrange practical assistance such as counselling, intervention, transport and emergency accommodation for Queensland women and their children who are in danger from a violent partner or family member. * Believe it or not DVConnect Womensline takes around 4000 calls every month from Queensland women who are in fear of or in immediate threat of danger from domestic or family violence, and on average we assist over 350 women and often more than 400 children to be moved to safety every month. * In addition and with help from the RSPCA Qld – we also assist between 12 and 20 pets to safety each month. * DVConnect is a not for profit community organisation funded almost entirely by the Department of Communities. * DVConnect works tirelessly to help women and children involved in domestic and family violence – but this is a whole of community concern

http://www.dvconnect.org/?page_id=5

* What we can do for you * Provide free telephone crisis counselling and support 24 /7 
 * If your first language is not English arrange for free interpreter services
 * Assist with developing a safety plan for you and your children
 * Provide emergency transport and accommodation if necessary
 * Provide advice about and referral to women’s refuge * Court Support * What we cannot do for you * Provide you with legal advice * Support you financially with costs associated with relocating your property * Provide you with ongoing face to face therapeutic counseling http://jiv.sagepub.com.ezp01.library.qut.edu.au/content/19/6/639.full.pdf+html
Domestic Violence in Puerto Rican Gay Male Couples: Perceived Prevalence, Intergenerational Violence, Addictive Behaviors, and Conflict Resolution Skills * When reports are made the police often classify as aggression * Both gay an lesbians struggle to find shelters that will admit them * Homophobia does not allow mainstream service providers to have adequate conceptualisation or development of preventative measures and remedial strategies for people involved

http://vaw.sagepub.com.ezp01.library.qut.edu.au/content/17/1/28.full.pdf+html

* Feel stigma to it * Health care providers have been reported being uncomfortable with same-sex patients * Feel they may be minimized or ignored * Pressure from lesbian community not to disrupt the picture of equality and harmony in the lesbian community * Lesbian may have difficult naming the violence or perceiving women have the capacity of such violence * Friends of abused often minimize or act like it didn’t happen

http://vaw.sagepub.com.ezp01.library.qut.edu.au/content/13/4/374.full.pdf+html * Comparison of the police response to heterosexual versus same0sexintimate partner violence * As frequent and severe as in heterosexual couples * Victims convinced by partner mutual batters * Police may be inclined to believe that it is common couple violence- is this a legal term in Australia? * Pamphlets rarely mention lesbians * Existing bias in court room not create same atmosphere as for heterosexual * Strong believe that girls don’t hit girls * Lesbian utopia * Not as much support for lesbians by families and treatment providers * Small gay communities hard to avoid each other * Councilor with negative attitudes towards same-sex their treatment decisions will be affected

www.bdvs.org.au/ BRISBANE DOMESTIC VIOLENCE ADVOCACY SERVICE- http://www.micahprojects.org.au/services/domestic-violence-support/brisbane-domestic-violence-advocacy-service

* BRISBANE DOMESTIC VIOLENCE SERVICE
 * The Brisbane Domestic Violence Service free and confidential service for people in the Brisbane Metropolitan area who are affected by domestic and family violence. * The service supports women, children, family members, same sex couples, couples without children and others. * Working with Families, Women & Children * To ensure safety, desire to access the service, and that the service is appropriate to the needs of the individual/s, BDVAS works directly with those affected by domestic and family violence. * 
Phone (07) 3217 2544
Email (non urgent) admin.bdvs@micahprojects.org.au * Fax (07) 3217 2679
PO Box 3278 South Brisbane BC, Q 4101
www.bdvs.org.au

* LGBTI Legal Service- https://www.qld.gov.au/youth/family-social-support/support-lgbti-young-people/ * a community-based service providing free legal advice even if the matter is not related to your sexuality or gender identity. * You may feel more comfortable dealing with a lawyer who has a specific interest and understanding of LGBTI issues. They help with: * domestic violence * discrimination and victim support

http://www.bdvs.org.au/resource_files/bdvas/IR_1_Domestic-Violence-Resource-040612-web.pdf * Specialist support services are needed to support transgender and intersex victims of domestic violence, * more research needs to be done into the experiences of transgender and
intersex victims. * The police, domestic violence services, the courts, LGBT organisations and other services all report that they are working with individuals who have experienced or are experiencing LGBT domestic violence. * To date, there is limited Australian research that records the level of domestic violence in LGBT relationships. * number of overseas studies suggest that the general patterns and levels of domestic violence in LGBT relationships are about the same as in heterosexual relationships. * These studies show that once the violence starts it is likely to get worse. * Although women can access most general domestic violence services, like refuges, court assistance schemes, and counselling services, these services may have limited experience in working with LGBT domestic violence and therefore, may not offer the most appropriate service. * For gay men there are currently few specific services that offer assistance or support. * Experienced DVConnect 1800 811 811 or 1800 RESPECT. * Lesbians can generally access women’s refuges. Refuges are safe houses that provide short- term accommodation for women and children escaping domestic violence. * about refuges call DVConnect (1800 811 811). * Brisbane Domestic Violence Advocacy Service:.07 3217 2544 * Healthy Communities: 07 3017 1777 * Micah Projects Inc:.07 3029 7000 https://www.parliament .nsw.gov.au/prod/parlment/committee.nsf/0/1f67438d3a52879eca257925007af2fa/$FILE/Submission%2027.pdf * Limited disclosure of domestic violence remains a major issue. * Significant barriers to disclosure of domestic violence exist for many victims and these are often exacerbated for those in same-sex relationships. * and stigma often associated with domestic violence, those in same-sex relationships may fear homophobia as they are required to ‘come out’ in order to disclose domestic violence. * Same-sex domestic violence victims may face additional barriers and vulnerabilities associated with isolation from their support networks and in many cases, families. * In the context of people in same-sex relationships experiencing domestic violence and the ability of the law and legal system to respond, the traditional ‘victim’/ ‘perpetrator’ distinction and the use of gendered language are particularly problematic and fail to account for the complexities arising in same-sex relationships. * Misconceptions about the perpetrators of same-sex domestic violence are particularly problematic in the context of same-sex domestic violence. * suggest that those who perpetrate domestic violence must be men, or butches and those who are victims of domestic violence must be women or femmes * essentially emulating assumptions about domestic violence in heterosexual relationships. * gay men, characterised as being incapable of being victims or violence being viewed as confined to physical assault without recognising that assault as intimate violence. T * base misconceptions contribute to the hesitancy of people in same-sex relationships disclosing family violence and masks the reality of same-sex domestic violence. * Primary Aggressor and Mutual Battering * example relevant to the Committee’s Terms of Reference- the identification of the primary aggressor by police in attending a domestic dispute, or making decisions about against whom an Apprehended Violence Orders (AVOs) should be placed. * Failing to accurately identify the primary aggressor and primary victim, may result in victims being inappropriately charged with crimes or having AVOs made against them. * Victims of same-sex family violence may be hesitant to report the violence to police due to fears that the incident may be dealt with as ‘mutual battering’ or the fear that an AVO will be made against both parties. * The GLRL suggests that the NSW police should be trained to better identify those who have perpetrated domestic violence and those who need to be protected from domestic violence, and to distinguish one from the other. * The development of guidance material would assist in this regard. This is in line with recommendation 9-5 made by the ALRC and NSWLRC. * Barriers to accessing service delivery for people experience domestic violence in the context of same- sex relationships are multifaceted * many cases a victim’s reasons for not seeking assistance ‘needs to be viewed in its broader social, political and legal context’. * Key issues include: * Barriers to access arising from fears of homophobia and confidentiality; * Lack of referral options for female perpetrators and male victims within mainstream services; * Lack of service provider awareness, or service provider policies and procedures, in order to 
identify and respond to same-sex domestic violence; * Lack of general police training in relation to responding to same-sex domestic violence. Such 
training and responsibility should not be limited to gay and lesbian liaison officers; * No emergency housing accommodation for gay men; * Difficulty accessing domestic violence refuges by lesbians and the need for appropriate 
screening to ensure a perpetrator is unable to access the refuge; * Difficulty in accessing appropriate services exacerbated in rural and remote areas. 
Whist emphasising the issues outlined above, the GLRL recognises and commends the important work done by the Same Sex Domestic Violence Interagency Working Group and its constituent organisations. http://qsw.sagepub.com.ezp01.library.qut.edu.au/content/7/2/199.full.pdf+html (D)iscounted stories: Domestic Violence and Lesbians http://qsw.sagepub.com.ezp01.library.qut.edu.au/content/7/2/199.full.pdf+html * Not all lesbian are open about their orientation * Fear homophobic reactions * No talk about it = appear as only a heterosexual issue * Lesbians experienced physical sexual social economic and emotional abuse- * mostly emotional- difficult form to identify * Fear of exposure- * stay in relationship longer * No open about status- * not anyone in lesbian community to talk to about it * Sought informal support from friends and family * Others from health, human and community organisation * Women who went to services- some women contact worked to undermine the possibility of the agency where other provided support to change their lives * Some said it was counter productive – often bases on assumption of universal heterosexuality and the transportation of the heterosexual understanding * Many services have a requirement to identify the victim and the perpetrator but in situations of domestic violence between lesbian the absence of gender as a maker of either victim or perpetrator posed issue – especially if both had in some way participated in violence or both sought assistance * Assume it is experienced the same between homosexual and heterosexual * Do not take into account the discriminations they face daily * Lesbian only groups enabled them to tell stories – level of understanding * Domestic violence by lesbian community not much attention to change – private home * Need increase awareness in help sections * Things to change and how: * the provision of safe and relevant services for lesbians who live with domestic violence * training to understand lesbian * less heterosexual assumptions * development of services preventative and safe for lesbians * many uncomfortable approaching organisation * Inclusive policy response * Striving for more understanding about violence between lesbians * One size fits all model

* Claims often denied or minimized * Some believe woman are incapable of violence * Despite training some may believe law does not cover same sex relationship * Support service abuse the lesbians * Diver lesbians from mainstream sources – don’t get help * Policy distinction between heterosexual and lesbian victims complies that lesbian victims crises less pressing less dangerous than heterosexual intimate violence and thus lesbian victims do not warrant full access to assistance such conditions can lead to further silencing

* Charge against victims speaking out * Blame victim provoked violence * Unlike heterosexuals if you resist abuse it

*EXTRA DON’T THINK NEEDED KEEPING FOR JUST INCASE *

LAWS
Who can make orders?
2.3.5. The Queensland Act confers jurisdiction on every Magistrates Court and magistrate to make DVOs (s 4). A Magistrates Court, the Childrens Court, the District Court or the Supreme Court also has jurisdiction to make a DVO when a person is before the court for an offence involving domestic violence (ss 16 and 30).
Which relationships are covered? * 2.3.6. The following relationships are considered to be ‘domestic relationships’ for the purposes of the Act (s 11A): 0 – a spousal relationship; 1 – an ‘intimate personal relationship’; 2 – a ‘family relationship’; or 3 – an informal care relationship. * 2.3.7. A spouse includes a former spouse and either of the biological parents of a child (s 12). An ‘intimate personal relationship’ does not necessarily mean a sexual relationship: it is enough that the two persons date or dated and their lives are or were so enmeshed that the actions of one affect the other (s 12A(2)). Same sex relationships are covered (s 12A(4)). Also, the definition of ‘family relationship’ in s 12B extends to a ‘relative’ of a person. ‘Relative’ goes further than connection by blood or marriage and recognises that, for some people, including Aboriginal and Torres Strait Islander peoples, the concept of a relative may be wider than is ordinarily understood (s 12B(4)).
Who may or must apply for a DVO? * 2.3.8. The following persons may apply for a protection order: 0 – an aggrieved (i.e. the person for whose protection the order would be made); 1 – a person authorised by an aggrieved to appear (an authorised person); 2 – a police officer involved in the investigation of a matter; and 3 – a person acting under another Act for the aggrieved such as the Guardianship and Administration Act 2000 (s 14). * 2.3.9. Where a police officer takes a person into custody under s 69 of the Queensland Act (see paragraph 2.3.17 below), the officer must prepare an application for a protection order (s 71).

Grounds on which an order may be made * 2.3.10. A court may make a DVO against a person who has committed (or is likely to commit or to carry out a threat to commit) an ‘act of domestic violence’ against another person where a domestic relationship exists between the two persons (s 20). * 2.3.11. An act of domestic violence includes (s 11(2)): 4 – willful injury; 5 – willful damage to the other person’s property (such as willfully injuring a de facto’s pet); 6 – intimidation or harassment; 7 – indecent behaviour; 8 – threatening to commit such acts; or 9 – procuring someone else to commit such acts. * 2.3.12. A court before which a person pleads guilty to, or is found guilty of, an offence that involves domestic violence may on its own initiative make a DVO against the offender under s 30 if the court is satisfied that a protection order could be made against the offender as the respondent. * 2.3.13. In addition, a court may make a DVO in a form agreed to by, or on behalf of, the aggrieved and the respondent (s 33).
Application process * 2.3.14. DVO proceedings are commenced in a court when an application for a protection order is made. (In certain circumstances, a police officer may apply for a temporary protection order by telephone or fax, or similar facility: s 54). * 2.3.15. On application for a protection order, a clerk of the court or a justice would generally issue a summons directing the respondent to appear at a stated time and place (s 47(1)). A copy of the application must accompany the summons. A summons does not have to be issued if the applicant asks for the application to be heard for a temporary protection order. A temporary order may be made, therefore, without the respondent appearing before the court or being notified about the application (see also s 13(4)). * 2.3.16. Having made a DVO, the court must cause a copy to be given to the aggrieved, the respondent and the Police Commissioner.

Police powers when application made and obligation to investigate * 2.3.17. If a police officer has reasonable grounds for suspecting that an act of domestic violence has been committed and a person or a person’s property is in danger, the officer may take the respondent into custody using such force as is reasonable and necessary (s 69(1)). The officer must then prepare an application for a protection order and immediately bring the respondent before the court for the hearing and determination of the application, if the respondent is still in custody (s 71). Under s 69(2), the respondent may be held in custody until that application is heard and determined, or a temporary protection order is made, or until arrangements are made under s 71(3). If the respondent can no longer be held on one of those bases, and the appropriate police officer (i.e. head of station or watch house) considers it necessary to arrange for the safety of the aggrieved, there is provision in s 69(3) for the respondent to be held longer, but not for more than 4 hours from when he
or she was first taken into custody (s 69(4)). * 2.3.18. Section 67 provides that, if a police officer reasonably suspects that a person is a person for whose benefit a DVO may be made, it is the duty of the officer to investigate, or cause to be investigated, the complaint, report or circumstances on which the suspicion is based, until such time as the officer is satisfied that the suspicion is unfounded. If, after the investigation, the officer reasonably believes that the person is an aggrieved person, the officer may apply for a protection order to protect the person. * 2.3.19. Under s 609 of the Police Powers and Responsibilities Act 2000 (Qld), it is lawful for a police officer to enter and remain at a place where the officer reasonably believes domestic violence (amongst other things) is occurring or has occurred before the officer’s arrival, and may detain any person in order to ascertain whether the reason for the entry exists. Further detention, search and seizure powers are available if the officer is reasonably satisfied that the reason for the entry exists.
Content and effect of an order
General conditions
2.3.20. A DVO requires the respondent to be of good behaviour and to refrain from committing acts of domestic violence or procuring someone else to commit the violence (ss 17(a) and 22). The respondent must also comply with any other conditions that a court considers necessary and desirable (ss 17(b) and 25), including prohibiting: * – behaviour that would constitute an act of domestic violence; * – remaining at, entering or approaching to enter premises, including premises in which the respondent has a proprietary interest; * – approaching or attempting to approach the aggrieved or a named person; * – contacting or attempting to contact the aggrieved or named person; * – locating or attempting to locate the aggrieved or named person; and * – stated conduct towards a child of the aggrieved.
2.3.21. When imposing conditions on a respondent, the need to protect the aggrieved and any named persons, along with the welfare of a child of the aggrieved, are to be of paramount importance (s 25(5)).
Exclusion conditions
2.3.22. The conditions that may be imposed on the respondent to a DVO include conditions prohibiting that person from remaining in, entering or approaching stated premises, even if the respondent has a legal or equitable interest in the premises (s 25(3)(b)). In circumstances where the person protected by a DVO and the respondent normally live together, the respondent can thus be excluded from his or her home.
Firearms
* 2.3.23. The Queensland Act includes provisions relating to weapons that operate in conjunction with the Weapons Act 1990 (Qld) (the Weapons Act). A licence to possess and use a weapon within the meaning of the Weapons Act is automatically revoked if the licensee is named as a respondent in a protection order (s 28A of the Weapons Act). Further, the Weapons Act will apply to a person named as a respondent in a DVO even if that person is a person normally exempt from the Weapons Act because of s 2 of that Act. Relevantly, members and trainee members of the Queensland Police, and persons engaged in the manufacture or assembly, warehousing or transport of weapons, who are named as respondents, will not be exempted from licensing requirements in the Weapons Act, including the requirement hat they be fit and proper persons. A person is not a fit and proper person to hold a licence if a DVO has been made against them in the previous five years. * 2.3.24. Before making a DVO under the Queensland Act, a court must ask about weapons and weapons licences in the respondent’s possession, whether the respondent has access to weapons in his or her employment, and whether the respondent is a person to whom the Weapons Act does not normally apply (s 24). The court must specify in the DVO as much information as it can about weapons in the possession of the respondent so that police have relevant information if they later have to exercise a power under an Act to seize weapons (s 29). * 2.3.25. Under s 26 of the Queensland Act, if a court is satisfied that a respondent has used or threatened to use any thing in committing an act of domestic violence against the aggrieved, and is likely to use the thing again or carry out the threat, the court may, as a condition of a DVO, prohibit the respondent from possessing the thing (or a thing of the same type) for the duration of the DVO (s 26(1)-(2)). If the court makes such an order, the thing is taken to be a weapon and may be dealt with under the Queensland Act and the Weapons Act 1990 (Qld) as a weapon for which there is no licence (s 26(3)). Duration, revocation and variation of an order * 2.3.26. A protection order continues for the period ordered by the court. This period cannot be longer than 2 years, unless the court is satisfied that there are special reasons for ordering that a protection order continues for a longer period (s 34A). * 2.3.27. A temporary protection order continues in force until the order is returnable before a court (unless the court extends the order) or the order is revoked by the court (s 34B). * 2.3.28. Under s 35, a court may vary the conditions imposed by the DVO or the period for which the DVO continues in force. The court may vary the DVO on an application to vary or revoke it, on its own initiative, or when dealing with a contravention of the order (s 35(3)). Before a court varies a DVO, it must consider the grounds set out in the application for the protection order and the findings of the court that made the DVO (s 35(4)). * 2.3.29. In considering an application to revoke an order, s 36(2) requires the court to have regard to: * – any expressed wishes of the aggrieved; * – any current contact between the aggrieved and the respondent; * – whether any pressure has been applied, or threat has been made, to the aggrieved by the respondent or someone else for the respondent; and * – any other relevant matter. * 2.3.30. The court may only revoke the order if the court considers the safety of the aggrieved or a named person would not be compromised by the revocation (s 36(3)).
Enforcement and breach of an order * 2.3.31. If the respondent was served with a copy of the order, or was present in court when the order was made, or a police officer has told the respondent about the existence of the order, the respondent can be charged with an offence if he or she contravenes the order or a condition imposed by the order (s 80). The penalties for breaching a DVO are set out in s 80 of the Act. If the respondent has previously been convicted on at least 2 different occasions for breaching a DVO within a period of up to 3 years before the present offence was committed, the maximum penalty is 2 years imprisonment. In other circumstances, the maximum penalty is 40 penalty units (currently $4,000)40 
or 1 year’s imprisonment. * 2.3.32. The Queensland Act makes no special provision with respect to the arrest of a person suspected of having breached a DVO. However, because breach of a DVO is a criminal offence, the normal rules under the Queensland criminal law in relation to matters such as arrest, remand and bail will apply.
48

Procedural protections for applicants and witnesses
2.3.33. Section 82 provides that it is an offence to publish or disseminate to the public various matters including an account of proceedings that identifies or is likely to identify the aggrieved or a child concerned in DVO proceedings.
Protection of children * 2.3.34. As a ‘relative’, a child of the aggrieved may be included in a DVO made for the benefit of the aggrieved if the court is satisfied, for example, that the respondent is likely to intimidate or harass the child (s 21(1)). As noted above, the welfare of a child of the aggrieved is one of the matters that is to be of paramount importance when a court determines the conditions to be imposed on a respondent (s 25(5)). * 2.3.35. A DVO may also be made for the protection of a child in his or her own right, but only if a spousal relationship, intimate personal relationship or informal carer relationship exists between the child and the respondent (s 12D(2)).
In other words, it is not possible for a child under 18 to be named as the aggrieved if there is a family relationship between the child and the other party named in the DVO. In these circumstances, however, a child could be included in the order of a relative. * 2.3.36. As far as procedural provisions aimed specifically at ensuring the protection of children are concerned, under s 81A a child (other than a child who is the aggrieved or the respondent) may not be called as a witness, be asked to swear an affidavit or to remain in court during the proceedings, subject to a contrary order of the court. If a court orders that a child may be called as a witness, the court must consider whether the child’s evidence should be given by way of video or other electronic means (s 81A(3)).
Recognition and enforcement of orders made in other jurisdictions * 2.3.37. A person may apply to the clerk of a Magistrates Court for the registration of an ‘interstate order’ (i.e. an order made by a court of another State, a Territory or New Zealand under a prescribed law of that other jurisdiction) (s 40). The clerk is required to be satisfied that the interstate order is in force (by obtaining a certified copy of it) and that the order was served, or was taken to be served, on the person against whom it was made (s 41). The clerk must register the interstate order unless the clerk believes that it is necessary (or the applicant makes a request) to refer the interstate order to the Magistrates Court for adaptation or modification (s 42(3)). The clerk is required to give the applicant and the Police Commissioner a certificate of the registration within 2 business days (s 43(1)). * 2.3.38. Notice of the registration is not to be given to the person against whom the order was made unless the aggrieved has consented to this (s 43(2)). Once registered, the interstate order has the same effect and may be enforced or varied as if it were a protection order made under the Queensland Act (ss 44 and 45). An applicant need not give notice of an application for registration of an interstate order to the person against whom the order was originally made (s 46). http://www.dss.gov.au/sites/default/files/documents/05_2012/domestic_violence_laws_in_australia_-_june_2009.pdf RESEARCH MONIKA – REFORM

Peak organisation’s for reform such as the NSW Gay & Lesbian Rights Lobby (GLRL) are currently advocating for additional awareness in GLDV. Vicitims of same-sex violence will benefit from furthering campaigning and advertising of the issue, as it will advocate the presence of current laws and enhance justice.
Due to the increase of GLDV, it is not congruent with the current lack of service providers, police training and public awareness. Vicitims of same-sex violence will ben

Further campaigning

aiming for an increase in services such as emergency housing and also police training

ISSUES THAT REFORM AIMS TO ASSIST WITH

* Barriers to access arising from fears of homophobia and confidentiality; * Lack of referral options for female perpetrators and male victims within mainstream services; * Lack of service provider awareness, or service provider policies and procedures, in order to * identify and respond to same-sex domestic violence; * Lack of general police training in relation to responding to same-sex domestic violence. Such * training and responsibility should not be limited to gay and lesbian liaison officers; * No emergency housing accommodation for gay men; * Difficulty accessing domestic violence refuges by lesbians and the need for appropriate * screening to ensure a perpetrator is unable to access the refuge; * Difficulty in accessing appropriate services exacerbated in rural and remote areas.

SOURCE: https://www.parliament.nsw.gov.au/prod/parlment/committee.nsf/0/1f67438d3a52879eca257925007af2fa/$FILE/Submission%2027.pdf

NSW Gay & Lesbian Rights Lobby (GLRL) is the peak organisation for lesbian and gay rights in NSW. Our mission is to achieve legal equality and social justice for lesbians, gay men and their families. COVER TOPICS ( FIGHT FOR RIGHTS FOR) 1. physical violence; 2. sexual assault and other sexually abusive behaviour; 3. economic abuse; 4. emotional or psychological abuse; 5. stalking; 6. kidnapping or deprivation of liberty; 7. damage to property, irrespective of whether the victim owns the property; 8. causing injury or death to an animal irrespective of whether the victim owns the animal; and 9. behaviour by the person using violence that causes a child to be exposed to the effects of behaviour referred to in (a)–(h) above

DIFFERENTIATING FACTOS THAT LG&T ARE TRYING TO FIGHT FOR

For example, there are numerous of forms of domestic violence which are unique to the LGBTI community. These include, but are not limited to:

WHAT IS BEING DONE?

The GLRL notes that the Federal Government identified same-sex domestic violence as a priority issue to be addressed in the National Human Rights Action Plan, in relation to which the Baseline Study was released earlier this year. However, there is limited reference to same-sex domestic violence in the National Plan to Reduce Violence against Women and their Children.

In a general sense, there are statistics which indicate a high level of homophobic abuse, violence and harassment against members of the LGBTI community in NSW. For example, in 2003 the NSW Attorney-General’s Department released the report, You Shouldn’t Have to Hide to be Safe, which documented extensive homophobic abuse, violence and harassment in NSW. That report found that of the 600 gay and lesbian community members surveyed, over half of the respondents had experienced at least one form of harassment, abuse or violence in the preceding 12 months and 85% had at some stage in their lifetime.2

However, by way of example, the domestic violence line in NSW in 2003 estimated that 5 calls out of 1000 each month were from lesbians experiencing domestic violence in a same-sex relationship. An audit of ACON’s counselling files during the period June 2001- July 2003 indicated 11% of matters included issues of domestic violence.1 Anecdotally, same-sex domestic violence is experienced at similar levels to those in opposite-sex relationships.

BARRIERS IN THE LAW THAT REFORM IS TRYING TO CHANGE

Victim v Perpetrator: The Gendered and Binary Model In the context of people in same-sex relationships experiencing domestic violence and the ability of the law and legal system to respond, the traditional ‘victim’/ ‘perpetrator’ distinction and the use of gendered language are particularly problematic and fail to account for the complexities arising in same-sex relationships.
Misconceptions about the perpetrators of same-sex domestic violence are particularly problematic in the context of same-sex domestic violence. Misconceptions exist which suggest that those who perpetrate domestic violence must be men, or ‘butches’ and those who are victims of domestic violence must be women or ‘femmes’, essentially emulating assumptions about domestic violence in heterosexual relationships. Specific misconceptions exist in relation to gay men, characterised as being incapable of being victims or violence being viewed as confined to physical assault without recognising that assault as intimate violence. These misconceptions contribute to the hesitancy of people in same-sex relationships disclosing family violence and masks the reality of same-sex domestic violence.

^-- MISCONCEPTIONS IN LAW

WHAT THE GLRL IS TRYING TO CHANCE
(As above misconceptions in law)
ALSO

* A key example relevant to the Committee’s Terms of Reference relates to the identification of the primary aggressor by police in attending a domestic dispute, or making decisions about against whom an Apprehended Violence Orders (AVOs) should be placed. * Failing to accurately identify the primary aggressor and primary victim, may result in victims being inappropriately charged with crimes or having AVOs made against them.

Victims of same-sex family violence may be hesitant to report the violence to police due to fears that the incident may be dealt with as ‘mutual battering’ or the fear that an AVO will be made against both parties. THEY SUGGEST
The GLRL suggests hat one approach to this could be that the NSW police should be trained to better identify those who have perpetrated domestic violence and those who need to be protected from domestic violence, and to distinguish one from the other. The development of guidance material would assist in this regard. This is in line with recommendation 9-5 made by the ALRC and NSWLRC.

SOURCE: http://www.acon.org.au/anti-violence/resources/GLBTIQDV-toolkit

IN ADDITION TO LACK OF SERVICES THAT REFORM IS TRYING TO INTRODUCE/BETTER

1.3 Services were asked to identify what they would need to better work with GLBTI communities 1.4 Strategies and barriers for inclusion • The most common strategy (35 services or 53.84%) for services with existing strategies to work with GLBTI people was the provision of time and support for staff to attend training. 33 services (50.76%) displayed SSDV resources or GLBTI material and 32 services (49.23%) ensured that staff understood some of the unique aspects of SSDV. • Other strategies included distributing SSDV educational material and engaging staff from GLBTI communities. • When asked about barriers to working more closely with GLBTI communities or to developing inclusive strategies, 40 services (61.53%) identified resourcing as a barrier. • Of this forty, the top three resourcing needs identified were staff time, staff numbers and funding. Fifteen services (23.07%) specified staff time as the most pressing need, thirteen services (20%) identified a need for more staff, and twelve services (18.46%) the need for funding. Other barriers included limited staff experience or training, services not prioritising SSDV, limitations on service opening hours, lack of a coordination in service approaches to GLBTI issues and people, organisational bureaucracy and individuals having no power within the workplace to take initiatives regarding GLBTI needs. 2 ONE SIZE DOES NOT FIT ALL Fifty-seven services (87.69%) specified that resources would be needed to provide specific support, with many indicating that time and money were most needed. Twenty-five services (38.46%) identified the need to train mainstream services to be culturally sensitive to GLBTI communities and the needs of GLBTI people experiencing domestic violence (DV). Eleven (16.92%) services identified the need for an increase in accessible counselling services for GLBTI people. Accessibility for rural, regional and isolated GLBTI people was also a major issue identified. Nine (13.84%) services identified a requirement for GLBTI community education to raise community awareness levels about the existence and dynamics of DV as well as for those affected by DV as a priority. Five (7.69%) services said that the creation of welcoming and inclusive environments (such as displaying GLBTI posters in services) is important.
Other identified areas of need included education for the general community about SSDV, inclusion of SSDV in mainstream DV awareness events, services for gay, bisexual and transgender men who have experienced DV, employment of a specialist SSDV worker within mainstream DV services, access to information on how to engage and include GLBTI communities and improved access to current literature on SSDV.

WHAT LEGAL AID AIMS TO HELP WITH (not really in reform but still relevant in how they are trying to assist with services etc etc )

The abbreviations are in the source if needed for reference.
We can also look at what Legal Aid offers for normal domestic violence and how it DIFFERS for G&L community?

SOURCE: http://www.legalaid.nsw.gov.au/__data/assets/pdf_file/0017/5516/Legal-Aid-NSW-response-to-domestic-violence-report.pdf

CONFERENCE QUOTES? - Recent

SOURCE: http://gaynewsnetwork.com.au/news/break-the-silence-lgbtiq-domestic-violence-conference-11931.html

“The NSW Government Reforms recognise that DFV occurs in all types of relationships – regardless of sexuality, intersex or gender and services can and should respond appropriately. This conference is about raising awareness in mainstream DFV services, addressing the stigma by making it everyone’s business to respond and showing that Police and government and LGBTIQ services do take it seriously and are willing to respond appropriately and understand the needs of LGBTIQ people.”
“Transphobia and homophobia are often used as tools to control someone in a relationship and it can be really subtle so people don’t aware that it’s going on. Threatening to out someone’s sexuality, intersex or gender, restricting their access to hormones or medical treatment, pressuring someone to be'“more male' or 'more female', pressuring them to have surgery or wear makeup or dress in a particular way. All of these things might be part of a pattern of power and control in a relationship.
“We can support survivors in a number of ways – referral to specialist LGBTIQ services like the Anti-Violence Project (referral and support) and the Safe Relationships Project (court support).
Since mainstream domestic violence campaigns don’t include LGBTIQ relationships and families, the spokesperson said a new approach was needed.
“We need community designed and driven campaigns and approaches because the mainstream campaigns don’t include images of LGBTIQ relationships and families. We need LGBTIQ communities to be equipped with the tools to talk about this.
“At a service response and prevention level it requires different strategies and approaches and education because the one size fits all approach is not appropriate.

SOURCE: http://rti.cabinet.qld.gov.au/documents/2008/aug/qld%20strategy%20domestic%20and%20family%20violence/attachments/QG%20Strategy%20to%20Target%20DFV%20Consultation-paper.pdf

A Queensland Government strategy to target domestic and family violence 2009—2013

* Gives a comparison of G&LT to other domestic violence issues Shows the services and reform for other minority groups such as disabled etc etc and how there is help for them but not any current change in QLD for G&LT community (however it is acknowledged that it does exist) * -
A range of studies have sought to determine the prevalence of domestic and family violence in lesbian, gay, bisexual, transgender and intersex relationships. It is generally agreed that it occurs at the same rate as within heterosexual relationships.
DATA FROM ^---
Vickers, L. (1996) The second closet: domestic violence in lesbian and gay relationships: a western Australian perspective. Murdoch University Electronic Journal of Law.

SOURCE: http://www.anothercloset.com.au/

SOURCE: Zhou L 2009. Time for action on same-sex domestic violence. http://www.slideshare.net/acononline/time-for-action-on-samesex-domestic-violence

LEGAL ISSUES AND EXAMPLES OF REFORM AND LAW

SOURCE: http://lgbtlawblog.blogspot.com.au/2010/05/same-sex-domestic-violence.html

Legal Issues

It is now possible to obtain protection orders or their equivalent in each State and Territory of Australia for same sex couples. I say State and Territory, because all the legislation is State (or Territory) based and there is no uniform Commonwealth legislation.

In Queensland, protection orders can be obtained under the Domestic and Family Violence Protection Act 1989 which, since 2003, has extended to same sex couples. Three things need to be shown:

(1) That there is a domestic relationship between the parties: s.11, s.20(1)(a);

(2) That the respondent has committed an act of domestic violence against the aggrieved: s.20(1)(a); and

(3) The respondent is likely to commit an act of domestic violence again or if the act of domestic violence was a threat – is likely to carry out the threat: s.20(1)(b).

Domestic relationships are:

(a) A spousal relationship. A spouse includes – (a) a former spouse; and (b) either of the biological parents of a child. Of necessity it includes those parties who are married or living in a de facto relationship. By virtue of Section 32DA of the Acts Interpretation Act 1954 :-

(i) “In an Act, a reference to a de facto partner is a reference to either one of two persons who are living together as a couple on a genuine domestic basis who are not married to each other or related by family;

(v) For sub-section (1) – (a) the gender of the persons is not relevant….”

(b) An intimate personal relationship exists between two people if they are or were engaged to be married to each other, including a betrothal under cultural or religious tradition – s.12A(2) also, an intimate personal relationship exists between two persons, whether or not the relationship involves or involved a relationship of a sexual nature if – (a) the persons date or dated each other; and (b) their lives are or were enmeshed to the extent that the actions of one of them affect or affected the actions or life of the other: s.12A(2).

An intimate personal relationship may exist whether the two persons are the same or the opposite sex: s.12A(4).

(c) An informal care relationship is to cover those situations where someone is abused by their carer. This in the family relationship category was brought into existence following lobbying from activists within the then Queensland Aids Council (now Queensland Association for Healthy Communities) and from seniors groups. The activists of the Queensland Aids Council expressed a concern about carers of HIV people abusing those in their charge.

(d) A family relationship. If you are related to someone then you may be eligible to obtain a protection order against them. You need, ordinarily, to be related to them by blood or marriage, but family relationships can be wider than that, for example in Aboriginal and Torres Strait Islander communities.

Who is covered by the Queensland legislation?

What has been clear since 2003 is that the Queensland legislation does not discriminate. The people who are covered include:

• A married couple, including if one of the parties is trans
• A heterosexual de facto couple
• A homosexual de facto couple

• A de facto couple if one of the parties is trans

• A couple who have had an intimate personal relationship who are enmeshed

• A mother of a child and the father of the child (when they have never lived together)

• A mother of the child and the sperm donor father

• An HIV man and his informal carer

A parent and their child (if the child is over 18)

Who is not covered?

• Anyone who does not fit within the definitions

• Neighbours would not normally be included

• A spouse of a person and the former spouse of that same person

• In-laws, when the reliance is on a de facto relationship (with some exceptions)

The joys of marriage

The only marriages recognised in Australia are those between “one man and one woman to the exclusion of all others, voluntarily entered into for life” . Foreign marriages are only recognised if they meet this definition. Therefore, same sex marriages solemnised overseas are not recognised in Australia, and are, for the purposes of Queensland law, de facto relationships.

SOURCE:

Family Violence and Commonwealth Laws—Improving Legal Frameworks (ALRC Report 117)

Development of the reform response

One hundred and ten consultations were conducted in two national rounds of stakeholder meetings, forums and roundtables. Internet communication tools—an e-newsletter and an online forum—were used to provide information and obtain comment, building upon the successful integration of such tools into the inquiry process in the 2010 family violence inquiry. By the end of the Inquiry there were 381 subscribers to the e-newsletter. In addition, the ALRC developed consultation strategies for engaging with Indigenous peoples, those from culturally and linguistically diverse backgrounds, people with disability and people who identify themselves as lesbian, gay, bisexual, trans or intersex.

1.24 For people who identify as LGBTI there are particular compounding difficulties in terms of disclosure of family violence. The Inner City Legal Centre submitted that the experiences of family violence in the LGBTI community ‘differ from the wider community’s experience’ and that ‘it may not be clearly identifiable to people who are not part of these communities’.

Various organisations are currently attempting to improve the legal framework surrounding GLTBI community

Organisations such as X Y Z and blah are aiming to change ___ blah in order to ___ by ___.