ACT Court Makes Domestic Violence Victims Homeless

Kenworth075 25 November 2010 52

A family friend Janet and her children recently fled home to escape her violent husband Ian. Real names have not been used in this story.

Janet married Ian who seemed nice but as time progressed Ian revealed an abusive side. His behavior worsened due to spiraling substance abuse and his rage became directly at the family. One day Ian exploded and assaulted one of the children and Janet was forced to flee the family public housing property.

After a traumatic incident, Janet has now become a victim of the ACT justice system. The assault was referred to police who took statements but took no further action. ACT housing advised Janet to seek an AVO for self protection and allowing an eviction. The court granted the AVO, however Ian successfully appealed against the eviction.

With Christmas approaching Janet and the kids are now homeless and living off the generosity of family and friends. After having their lives turned upside down they now face a long wait for public housing. Ian is now enjoying a publicly funded family sized house all to himself.

How is it than a modern society can allow such an injustice? The police and ACT courts should be ashamed. With public housing in ACT such a scarce resource how could any court justify such a decision against the innocent victims? Even despite Ian’s appalling behavior how is one person eligible for a family sized property?


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52 Responses to ACT Court Makes Domestic Violence Victims Homeless
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DJ DJ 4:32 pm 28 Nov 10

Not at all Jamie. I have extensive experience with shelters which is why I mentioned them.

Are you attributing the extra line to me? Why do you think that shelters exist? You’ve obviously missed my point…

Jamie Wheeler Jamie Wheeler 10:02 pm 26 Nov 10

MWF said :

DJ said :

There are many womens shelters your friend can call on.

Mmmmm how comfy for a woman and some children, while the hubby cosies up in a Guvvy house meant for a family.

+1

Pretty insensitive comment from DJ. You go live in a shelter DJ and see how you like it!

Skidbladnir Skidbladnir 4:07 pm 26 Nov 10

Justice? Natural?
*applauds Sleaz274 for improving the quality of flamebait*

Grind the entire cosmos into the finest of powder, then pass it through the finest sieve, but you’ll never find a single atom of justice, nor a molecule of mercy.
All justice is human artifice, the only kind we see is shared fiction.

georgesgenitals georgesgenitals 3:52 pm 26 Nov 10

Sleaz274 said :

Explain how that isn’t a good outcome. A child rapist and long term criminal is removed from society. A police and justice system does the correct thing and looks the other way while people who can fix the problem do so. Innocent victim is able through continued support and a lot of hard work and counselling to do something good with her life.

How about this scenario:

Scum bag boyfriend is well known to police and peers alike as a trouble maker. When anything goes wrong, he’s the first one people look at. However, mum’s younger brother has had a few problems of his own, including with children, stemming from being abused as a kid himself. Little girl is injured, so everyone assumes scum bag boyfriend is to blame. Mum knows the truth, but feels guilty for not standing up for younger brother when alcoholic grandfather used to beat him, so lets it go.

Scumbag boyfriend goes missing, and everyone thinks the lads have done society a favour. Unfortunately, younger brother continues to quietly offend. Little girl grows up knowing what happened and carries guilt of her own, that is now very hard to resolve.

All hypothetically of course.

As I said before, it’s a very, very sad situation. Sometimes the police can’t make the charges stick. But that’s the price we pay for being substantially protected from false allegations. Blaming the cops is pointless.

Jim Jones Jim Jones 3:35 pm 26 Nov 10

Natural Justice: http://en.wikipedia.org/wiki/Natural_justice

Natural justice includes the notion of procedural fairness and may incorporate the following guidelines:

* A Right to Advanced Warning. Contractual obligations depriving individuals of their Rights cannot be imposed retrospectively.
* A person accused of a crime, or at risk of some form of loss, should be given adequate notice about the proceedings (including any charges).
* A person making a decision should declare any personal interest they may have in the proceedings.
* A person who makes a decision should be unbiased and act in good faith. He or she therefore cannot be one of the parties in the case, or have an interest in the outcome. This is expressed in the Latin maxim, nemo iudex in causa sua: “no man is permitted to be judge in his own cause”.
* Proceedings should be conducted so they are fair to all the parties – expressed in the Latin maxim audi alteram partem: “let the other side be heard”.
* Each party to a proceeding is entitled to ask questions and contradict the evidence of the opposing party.
* A decision-maker should take into account relevant considerations and extenuating circumstances, and ignore irrelevant considerations.
* Justice should be seen to be done. If the community is satisfied that justice has been done, they will continue to place their faith in the courts.

Doesn’t sound much like the deluded revenge fantasies being peddled by Sleaz274.

Perhaps we need to get Chuck Norris to rewrite Wikipedia to include more vigilantism.

Jim Jones Jim Jones 3:31 pm 26 Nov 10

And here’s another story of ‘natural justice’.

A strange, elderly single woman lives alone in a run-down house. No relatives or friends visit her, and the local population is suspicious of her. When a local child go missing, everyone comes to the conclusion that she has been kidnapped by a witch, so they tramp over to the elderly woman’s house and kill her.

HOORAY!!!

(eventually the local child turns up at the food court of the Belconnen Mall).

Erg0 Erg0 3:10 pm 26 Nov 10

It must be awesome being omniscient. Any chance you could give me tomorrow’s lotto numbers?

colourful sydney racing identity colourful sydney racing identity 3:06 pm 26 Nov 10

that is the most stupid justification I have ever read, AND, I have spent the last two days reading Crazy Chesters RA posts and blog for christsake.

Sleaz274 Sleaz274 2:25 pm 26 Nov 10

Explain how that isn’t a good outcome. A child rapist and long term criminal is removed from society. A police and justice system does the correct thing and looks the other way while people who can fix the problem do so. Innocent victim is able through continued support and a lot of hard work and counselling to do something good with her life.

Now lets look at the bureaucracies approach. Police conduct interviews of all involved and remove the child for examination. Determining something improper has occurred it is reported to child services who come and do an inspection every couple of months and then decide nothing is wrong although Mummy may be taking recreational drugs. A report is filed and sits on a Directors desk for some more weeks/months. Another file is opened and then closed for no particular reasons and somehow the file information is lost. Scum bag child rapist talks his way back into Mummy’s heart and then continues to more carefully rape the young girl…

Eventually after the school system steps in (remember the principal initiated all this) and the child is removed to foster care and rotated through “the system” the perpetrator is convicted after a few hundred thousands of dollars of legal fees and a further half million dollars in police time. A judge convicts the scum bag who then appeals for another seven years and is eventually given a 10 year sentence and has already served 9 in custody. Prison inmate stabs to death scum bag for being a kiddy fiddler.

Young innocent girl isn’t so much anymore and at age 19 overdoses on alcohol and pills at a party. Game over, next file, promote the director, the ASO 6 social service worker has long ago retired and the judge collects a pension.

Is that your so called good outcome? It is the commonly tragic story of those caught in “the system”.

Jim Jones Jim Jones 2:18 pm 26 Nov 10

p1 said :

…but why do you think that superheroes in all the comic books and films are horribly abused/traumatised then receive powers and go on a “natural justice” rampage of their own against the perpetrators and we love them and adore them for their ability to evade the law and the criminals…

Punisher FTW!!!

colourful sydney racing identity colourful sydney racing identity 1:57 pm 26 Nov 10

chewy14 said :

Sleaz274,
You actually think that’s a good outcome?

Fair point, well made.

p1 p1 1:16 pm 26 Nov 10

Sleaz274 said :

…but why do you think that superheroes in all the comic books and films are horribly abused/traumatised then receive powers and go on a “natural justice” rampage of their own against the perpetrators and we love them and adore them for their ability to evade the law and the criminals…

We also love them because they never get it wrong, and are usually incredibly rich, have cool technology, and look like Brangalina.

Sleaz274 said :

…clean up drug f***ed mummy…

Sigh. If only the bikie gang hadn’t been selling drugs in town, think how much time they could have spent saving all the children.

Won’t somebody think of the children.

Erg0 Erg0 1:12 pm 26 Nov 10

Sleaz274: Can I suggest that you read a definition of “natural justice”? I do not think it means what you think it means. The situations you describe are pretty much the opposite, actually.

Jim Jones Jim Jones 12:52 pm 26 Nov 10

So, apparently the way forward for civilization is to get rid of the entire apparatus of the legal system – the police, the courts, jails, the whole lot — and put bikies in charge.

Great work sleaz274, this truly is a victory for informed, evidence-based policy.

chewy14 chewy14 12:40 pm 26 Nov 10

Sleaz274,
You actually think that’s a good outcome?

Jamie Wheeler Jamie Wheeler 11:57 am 26 Nov 10

This is a sad story.

My experience with the police in ACT is they are under resourced. When resources are short things can slip through the cracks or they may be reluctant to do something that may be alot of work. A friend was recently assaulted by a person who was later identified and lived interstate. Police were reluctant to act due to the complications of extradition. My friend persisted and wouldn’t take no for an answer. They took action after the victim’s persistence.

The lenient ACT courts are another thing. If police put thus guy through the courts on assault charges he would likely have a sob story and get off. I was too drunk, too depressed etc. A substance abuser is likely to have such excuses.

colourful sydney racing identity colourful sydney racing identity 10:32 am 26 Nov 10

Sleaz274 – you need to get out more.

sepi sepi 10:14 am 26 Nov 10

And we need more refuges with better funding. Refuges exist, but tend to be full, and often turn people away.

Sleaz274 Sleaz274 10:14 am 26 Nov 10

I’m still shocked and amazed that a bunch of you apparently intelligent enough people to operate a keyboard can’t understand that this sort of outcome couldn’t happen in our wonderful modern bureaucracy, we don’t have a legal or justice system anymore just a big set of expanding bureaucracies with doubtful ability to operate at speed or with best outcomes because someone filled out the wrong form, ticked the wrong box, didn’t represent themselves as well as the legal aid funded defence lawyer did for the criminal, got the wrong judge, coudln’t give enough evidence to police who now require an overwhelming amount of it, so much so that unless a NSW police officer hadn’t had video footage of an incident with a crazy lady in islamic dress he would have been hounded, spoken to, culturally educated ad nauseam. Why do you think that these wonderful mythical bureaucracies we have created produced perfect outcomes every time and why oh why wouldn’t you just take the OP’s initial comments as a fairly common and tragic story rather than cross your arms and go “I don’t believe that” without a shred of argument, support or otherwise. You are as bad as creationists.

Sure I’ll acknowledge in my more spirited moment maybe tribal justice and bikie gangs aren’t the best examples to use for natural justice but why do you think that superheroes in all the comic books and films are horribly abused/traumatised then receive powers and go on a “natural justice” rampage of their own against the perpetrators and we love them and adore them for their ability to evade the law and the criminals. A deeper yearning for our own gutless souls maybe…

Here’s a story while you are all making them up and inserting words beyond the OP and clearly been watching too much CSI.

A pretty young girl who was a delight at school and had lots of friends is noticed by her teachers and principal to be clearly depressed, withdrawn and starts to miss days off school. Eventually the girl is missing for a week from school because her Mum says she is “too sick”. Further investigations by the principal reveal that actually the scum bag new boyfriend of drug addled Mummy has been systematically brutalising this young girl and this time around has raped her so badly she is unable to leave her bed, has not been tended to by a doctor and this has been unreported to police who are now notified. The police unfortunately after visiting the house and fed a pile of BS by Mummy decide there isn’t much they can do except “monitor the situation” even though scum-bag bf (who they now can’t find) is well known to them.

The local motorcycle club is also informed and due to pretty young girl’s real father being a deceased member go to the house and run a 24/7 vigil at the girls bedside, clean the house and yard, clean up drug f***ed mummy and inform certain friends that scum bag bf is now a wanted man about town and is never to approach the family again. They then get young girl better and escort her to school and back each day and have a member available at the school, at the principal’s discretion of course.

Months later scumbag bf is reported missing to police. The local club informs the police that missing scum bag has just fled up north and won’t be a problem. Local police shrug their shoulders and put the case in the too hard file.

3 years later a farmer digging a drainage ditch on his new property unearths scum bag bf.

Still an open murder case, young pretty girl isn’t so young and is doing wonderfully well and married to a nice, non-club member, man and enjoying her life finishing her uni studies. Drug f***ed mummy has another couple of little kids who are also being looked after by the local club and has a part time job in an auto shop.

Example 1 of natural justice. True story as well. Now imagine if a government department had gotten involved…

georgesgenitals georgesgenitals 9:49 am 26 Nov 10

Regardless of what actually happened, it’s an incredibly sad thing. As adults we need to do better than this, for our kids’ sake.

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