Modern Australian
Men's Weekly

.

How Indigenous women have become targets in a domestic violence system intended to protect them

  • Written by Heather Douglas, Professor of Law, The University of Queensland
How Indigenous women have become targets in a domestic violence system intended to protect them

A domestic violence protection order is the most common legal response to domestic and family violence in Australia. Every year, Queensland courts issue about 25,000 orders to protect people from domestic violence.

But in a system originally intended to protect women from violence, our research shows that Aboriginal and Torres Strait Islander (ATSI) women are being swept up in domestic violence-related offences in disproportionate numbers compared with the overall population. Many are ending up in prison as a result.

How the domestic violence protection system works

To understand the problem, it first helps to define certain terms and how the domestic violence protection system works.

In Queensland, the “respondent” is the person who is issued with a domestic violence protection order and the “aggrieved” party is the person being protected by the order.

Most protection orders require respondents to stay away from the aggrieved or stop their violent behaviour toward the aggrieved. If the respondent breaches the conditions of the protection order, he or she can be charged with a criminal offence and possibly imprisoned.

Read more: How Aboriginal women with disabilities are set on a path into the criminal justice system

In our study, we examined Queensland court data on protection order applications and breaches for the year 2013-14. We found a dramatic over-representation of ATSI people – especially women – in the protection order system.

First, ATSI people make up just 4.2% of the Queensland population. Yet, our research found that ATSI people were respondents in 21% of domestic violence protection order applications.

We also found that police play a significant role in deciding who is issued with a protection order. In most applications in our study, police applied for the order on behalf of the aggrieved (79%). However, police were more likely to apply for a protection order if the aggrieved was an ATSI person (90%). When police are involved in this way, an order is much more likely to be made by the court.

In Queensland, ATSI people were also disproportionately charged with breaches of protection orders (34% of all charges) compared to their share of the population. And in the sentencing phase, 43% of ATSI people charged with breaches of protection orders were sent to prison.

Women are typically much less likely to be respondents in domestic violence cases and charged with breaches of a protection order. However, of the women imprisoned for breaches in our study, 69% of them were ATSI women.

The causes for violence in ATSI communities

The Queensland data tell a familiar story about the over-representation of ATSI people in the criminal justice system in Australia, especially the prison system. The reasons for this are largely linked with how Indigenous peoples were treated after colonisation – their loss of land, the removal of their children and the lack of recognition of their laws.

The breakup of kinship systems, destruction of ATSI culture, social and economic exclusion, homelessness and drug and alcohol abuse have followed for many. Studies show that discrimination against ATSI people is also rife, and discrimination by the police and magistrates remains a problem.

Read more: Three charts on: Australia's booming prison population

In Queensland, ATSI women are not only disproportionately targeted for domestic violence offences, they are also more likely to be victims of domestic violence compared with other women.

In another study on domestic violence in ATSI communities, Dr Heather Nancarrow interviewed people who worked in the justice system (including ATSI individuals) and found interconnected reasons that might help explain this.

First, ATSI women may be more likely to be involved in fights with family members and living in a situation of “chaos”, with a lack of rules, lack of priority given to court orders and more generalised fear of police. Her research also suggests that police often apply for protection orders on behalf of ATSI people, even when the orders aren’t wanted.

Read more: FactCheck Q&A: are Indigenous Australians the most incarcerated people on Earth?

ATSI women are also less likely to have access to family protection services in remote areas, leading many to fight back as a means of self-defence in domestic violence incidents.

When these women fight back, they may not fit with stereotypical expectations of how a victim should behave: for example, vulnerable, blameless and weak. This might result in police applying for a protection order against them or charging them with breaching an order.

Many strategies have been put forth to address the over-representation of ATSI people in the justice system. Of urgent concern to us is the plight of ATSI women being incarcerated in ever-increasing numbers in a system originally introduced to protect women from violence.

Authors: Heather Douglas, Professor of Law, The University of Queensland

Read more http://theconversation.com/how-indigenous-women-have-become-targets-in-a-domestic-violence-system-intended-to-protect-them-102656

The Value of Professional Rubbish Removal Services

From everyday waste to bulky items like furniture and appliances, finding the right way to dispose of rubbish is not always straightforward. This is...

Why Ugly Websites Sometimes Outperform Beautiful Ones

In the digital age, we're constantly told that first impressions matter, and nowhere does this seem more apparent than in web design. However, a cur...

TPD Claims & Super: What Does It All Mean?

Many Australians hear the term "TPD" in relation to their superannuation and feel completely lost. If you're scratching your head, wondering what it...

What Does Breastfeeding Feel Like? A Guide for New Moms

Frequently, numerous new mothers wonder, "What does breastfeeding feel like?" The feeling is different for each individual - a few describe it as a ...

Best Nail Care Routine for Frequent Nail Polish Wearers

For many people, nail polish is more than a beauty statement – it’s part of their everyday routine. Whether you love bold colours, chic neutrals...

Reinventing Research: How E-Libraries Are Changing Education Forever

A New Chapter for Learning For centuries libraries stood as temples of knowledge filled with shelves that smelled of dust and paper. Today the same...

Psychologists Explore Gestalt Vs Schema Therapy for PTSD Treatment

Recent research has revealed that in 2022, 1 in 9 Australians experienced post-traumatic stress disorder (PTSD). For some, this can significantly im...

Beyond Sunscreen: Building a Sun-Smart Culture in Modern Australia

Australia’s sun-soaked lifestyle is a defining part of its national identity. From beaches and sports fields to weekend barbecues and bushwalks, t...

What is Power BI & Why Should Your Business Use It?

In today's data-driven world, businesses are constantly searching for ways to gain a competitive edge. One tool that has emerged as a game-changer i...

From Service to Strength: How Aussie Veterans Are Rebuilding Their Lives with Everyday Support

Life after military service can bring new challenges. From physical limitations to mental health hurdles, many Australian veterans find everyday hou...

The Best Times of Year to Buy a Caravan

If you're shopping for caravans for sale, timing matters almost as much as the layout and features you desire. The calendar shapes price, stock and ...

The Growing Demand for Smart Living Through Home Automation

Technology has reshaped how we communicate, work, and travel—but now, it’s also changing the way we live at home. The rise of home automation i...

Beyond Clicks and Likes: Why Many Small Businesses in Australia Still Aren’t Leveraging Digital Marketing in 2025

Introduction In 2025, online marketing has become the driving force behind business growth for companies of all sizes. Yet, despite its proven effect...

Lighting Shop Perth: Your Comprehensive Guide to Choosing the Right Lighting Solutions

Lighting is a fundamental element in defining the ambiance, functionality, and aesthetic appeal of any space. Whether you are renovating your home, ...

Private Booze Cruisers – The New Must-Have Toy for Cashed Up Millennials

Did you hear that your 30s are the new 20s? We’ve finally rocked up that adult money and now it’s time to play with it. I was going for a walk ...

Grinding & Jaw Soreness: Signs You Might Need Night Guards and How We Protect Enamel

Waking with a tight jaw, tender muscles, or a dull temple headache is more than a bad night’s sleep. Many Australians grind or clench their teeth ...

Circular Interior Design: Furnishing with Salvaged & Reclaimed Materials

Circular interior design is gradually making its way from niche circles into mainstream Australian homes. At its core, this approach revolves around...

Invisible Braces vs Traditional Braces: Which Is Best for Adults?

Straightening teeth as an adult is common in Australia, and the options are better than ever. The two main choices are clear aligners, also called i...