Modern Australian
Times Advertising

Adolescent family violence is a growing problem – and the legal system is making it worse

  • Written by Elena Campbell, Associate Director – Research, Advocacy and Policy, Centre for Innovative Justice, RMIT University
Adolescent family violence is a growing problem – and the legal system is making it worse

Adolescents are consistently identified as perpetrators of violence against family members. We know this from a decade of Victorian court and police data. Victoria’s Royal Commission into Family Violence also highlighted the growing recognition that adolescent perpetration is a serious concern.

Further, findings by the Australian Institute of Criminology indicate that adolescents in contact with police for violence often have further contact soon after, including for breaches of protection orders. Victorian Crime Statistics Agency figures also recently confirmed what we’ve known for some time: adolescent perpetrators often experienced violence as a child.

Read more: Long ignored, adolescent family violence needs our attention

But what we have known little about is how effectively the civil justice response – the predominant response in some jurisdictions – deals with this issue. The Positive Interventions for Perpetrators of Adolescent violence in the home (PIPA) project, released this week, finds the civil response in Victoria is often ineffective and sometimes damaging in dealing with adolescents.

This is because police and court mechanisms are failing to account for perpetrators’ age, the relationship of trauma to their behaviour, and their capacity to understand orders or avoid breaching. It is also because there is sometimes more concern the system will come under scrutiny for not doing enough than for the risk to vulnerable families.

In our research, we reviewed 385 court and legal files and spoke to over 150 practitioners across three Australian states. Victorian files revealed cases involving serious risk, but also matters where an adolescent’s behaviour did not appear to meet the legal definition of family violence but an interim order was imposed nonetheless.

Around 25% of court files involved adolescents identified as on the autism spectrum. These families were highly distressed by system intervention. Some feared their other children might be removed. This fear overtook their hope for much-needed support for the child causing harm.

At the other end of the scale were cases involving violence by adults as well as children, but it was the children who were targeted for intervention.

In some files, lawyers detected parental misuse of the system and referred matters to the Children’s Court Clinic for assessment. This confirmed these children had been brought to court as perpetrators, but were in fact the victims of current abuse. The system inadvertently colluded in this abuse instead of addressing it.

One-third of cases involved adolescents excluded from home, but with no legal requirement to consider safety in relation to where they were placed. Similarly, despite orders against children under 14 being imposed regularly, legislation does not require that their capacity to understand these orders be considered. This contrasts with a criminal law principle that the capacity of children under 14 to understand the nature of an offence must be considered.

Further, high rates of trauma and disability among children identified as perpetrators make it even less likely they will comply with orders or regulate their behaviour. At its simplest, this means our system is sometimes imposing intervention orders on 13-year-olds who are on the autism spectrum, or who have histories of profound trauma, and then wondering why they return to court for failing to comply.

Our findings are not critical of police or courts. Most are desperate for more options. Rather, the settings of the current civil response are not equipped to deal with the complexity that adolescent family violence involves.

Read more: ‘Silent victims’: royal commission recommends better protections for child victims of family violence

Criminal mechanisms are not the alternative, either. This is because criminal justice system involvement is a known predictor of future involvement, despite the additional support that diversionary measures sometimes afford.

Nor is the answer to exclude certain forms of perpetration from legislative definitions. While this may mean children are not inadvertently captured in a one-size-fits-all response, it also means the behaviour is not recognised or tracked by the system at all. As a result, families are left to struggle in even greater isolation.

Rather, our research shows that more nuance and discretion, legislative checks and balances, and whole-of-family risk assessment are needed. We should track the rate of adolescent perpetration, but also respond to what sits behind it. This is to ensure children do not suffer from responses designed to deal with adult perpetrators.

If families are deterred from seeking help because they know the system’s intervention may make things worse, we will never have reliable figures on adolescent perpetration. Addressing this is a crucial step towards helping affected families feel supported and safe.

Authors: Elena Campbell, Associate Director – Research, Advocacy and Policy, Centre for Innovative Justice, RMIT University

Read more https://theconversation.com/adolescent-family-violence-is-a-growing-problem-and-the-legal-system-is-making-it-worse-132663

Why Pendant Lights Continue To Be A Popular Choice In Modern Interiors

Lighting has become an essential design element in modern homes, influencing both the appearance and functionality of interior spaces. Many homeowne...

How Whiteboard Supports Structured Communication In Work And Learning Environments

Clear communication and structured planning are essential in both professional and educational settings, which is why a whiteboard remains a practi...

How A Cardboard Box Manufacturer Supports Modern Packaging Needs

Packaging has become an essential part of modern business operations across retail, manufacturing, logistics, and e-commerce industries. Many busine...

How Pallet Racking Helps Businesses Improve Warehouse Operations

Efficient warehouse management depends on reliable storage systems that support organisation, safety, and productivity. Many businesses use pallet rac...

Why I/O Controller Is Essential For Efficient Industrial Automation Systems

Modern industrial systems rely heavily on automation and precise data exchange, which is why an I/O controller plays a critical role in ensuring sm...

Why Modern Traffic Management Systems Are Important For Safer Roads

Cities and industrial facilities increasingly rely on advanced Traffic Light System technology to improve road safety, traffic flow, and operationa...

How Structured eCommerce Web Design Influences Online Buying Behaviour

A strong online presence begins with effective eCommerce web design that prioritises both functionality and user experience. Businesses entering or...

What People Mean by “Alternative Doctor” And Why Expectations Around Care Are Changing

When people search for an “alternative doctor,” they’re usually looking for something specific, even if they haven’t fully defined it yet. I...

Why Does My Power Keep Tripping? Common Causes Explained by Electricians Sydney

The electrical system is the lifeblood of your home, powering everything from your phones to cooking utensils and more. But from time to time, your po...

Interstate Car Transporter Urges Buyers to Book Early

As the conflict in the Middle East continues to put increasing pressure on local fuel supply, Australian transport companies are experiencing increasi...

Digital Minimalism for Business Owners: Fewer Tools, Better Systems

Be honest. How many apps are open right now? One for scheduling, another for invoices, a third for customer notes, plus a spreadsheet someone email...

The Importance Of Proactive NDIS Renewal Preparation For Sustaining Your Provider Business

Your NDIS renewal notice is not a signal to start preparing. By the time it arrives, preparation should already be well underway. For new providers, s...

Why Fire Extinguisher Testing in Sydney Is Becoming a Records Game, Not Only a Maintenance Job

A fire extinguisher used to feel like one of the simpler parts of building safety. It hung on the wall, wore a service tag, and sat there quietly unle...

The Switchboard Upgrade Question Every Melbourne Renovator Should Ask Before the Walls Close Up

Renovations have a funny way of making people think on surfaces first. Splashback, stone, joinery, tapware, paint. Fair enough too. That is the exciti...

Winter Sanitation Gaps in Parramatta Kitchens: A Hidden Pest Risk

Winter brings a host of changes to our homes, from the chill in the air to the cozy warmth indoors. However, this season also introduces sanitation ch...

When to Seek Advice from Employment Lawyers in Melbourne

Australian employment law is detailed and, at times, complex, with rights and obligations that aren't always obvious to employees or employers witho...

7 Benefits of Professional Gutter Cleaning for Australian Homeowners

Gutters aren't exactly glamorous. They sit up there on the edge of your roof, doing their job quietly - until they stop working. Clogged, overflowing ...

Pipe Floats Strengthening Pipeline Performance In Demanding Environments

Pipelines often travel through environments that are anything but predictable, water currents shift, terrain changes, and materials keep moving unde...