See The Whole Picture

Helping the person most in need of protection

Women subjected to family violence are increasingly misidentified as aggressors.

Misidentification happens when police, courts and other systems misidentify a victim-survivor as a primary perpetrator of domestic and family violence.

First Nations, migrant and refugee women and women with a disability are more likely to be misidentified because of racism and other systemic discrimination.

We are calling for reforms that will focus on the whole picture when responding to domestic and family violence. This involves looking at the pattern and history of behaviour, power dynamics, control and fear rather than concentrating on each incident in isolation from the others.

The consequences of misidentification are devastating.

Women who are misidentified often have to defend themselves against Apprehended Domestic Violence Orders (ADVOs) or criminal charges in situations when they are the person who needs protection. This can lead to child removal, loss of employment, homelessness and criminalisation.

Instead of receiving support to escape from the violence, misidentified victim-survivors are harmed by the system that is supposed to protect them.

By ensuring accountability and visibility of frameworks that look at the whole picture and address discrimination, we will improve safety for women and children experiencing domestic and family violence.

Our Solutions

To help the legal system accurately identify and protect victim-survivors of domestic and family violence, we’re calling for reforms that:

1. Give standing to victim-survivors in ADVO proceedings

Currently, most ADVOs are initiated by the police and women are not encouraged to attend court. Standing provides victim-survivors in ADVO proceedings with the opportunity to have their voices heard so the court can tailor protection orders to suit their safety needs.

2. Make domestic abuse the basis for an ADVO

Requiring ADVOs to be made on the basis that a person has been subjected to (or is likely to be subjected to) domestic abuse shifts the focus from a single incident to the context of the whole relationship.

3. Legislate guidance to help the legal system accurately identify the person most in need of protection

By requiring police and courts to consider certain factors before initiating or making a protection order, we can reduce rates of misidentification. Some factors could include any history of domestic and family violence, whether violence was used in self-protection or in response to the cumulative impact of domestic and family violence and the level of fear experienced by each person involved.

4. Leadership and cultural reform

We’re calling for the NSW Government to commit to the proper implementation of the Australian Human Rights Commission’s National Anti-Racism Frameworks. The implementation of these frameworks must be a requirement in government funding contracts.