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Getting Family Violence Information

February 14, 2017

If the Police were to tell you that your partner has a history of domestic violence against previous partners, would that information lead you to end your relationship?

The aim of New Zealand’s Family Violence Disclosure Scheme is to allow the Police to disclose information about a partner’s previous violence to a current partner so that person may make informed decisions about whether and how they continue their relationship. Our own scheme is based on a scheme in the UK known as “Clare’s Law” after 36 year old Clare Wood who was strangled and set alight in her home in 2009 by her ex-boyfriend. Clare was not aware that he had a history of violence against women, including kidnapping an ex-partner at knifepoint.

The scheme is relatively straightforward. Let’s use an example. Simone is in a relationship with Evan and has recently become concerned about his angry outbursts and her safety during those outbursts. Simone may make a request to the Police to have Evan’s family violence history made known to her. The request can be simply made by Simone attending a Police Station, calling a non-emergency Police phone number or speaking with a Police Officer on the street.

Let’s now consider the situation if Simone’s brother, Tane, and her friend, Wendy, have concerns for Simone’s safety in her relationship with Evan. Tane or Wendy may also make a request to the Police for Evan’s family violence history. However, the Police may decide not to release this information to Tane or Wendy. Instead, the Police may choose to approach Simone directly with the information or another person who can assist with her safety.

In some cases, the Police may decide to proactively inform Simone of Evan’s family violence history without any request having been made.

Of course, there are limitations to the scheme. So much family violence lies below the radar and is not reported to Police. This means Evan may have a history of unreported violence which Simone would not become aware of under the Scheme.

Furthermore, the psychological aspects of family violence mean a woman may be unable to seek out the information. Even if she does acquire the information, she may face considerable psychological and practical issues around bringing the relationship to an end.

At FLR we are concerned about how widespread knowledge of the Scheme is. The Police have information on its website as do a number of other Family Violence support agencies. The Scheme was also reported on at its inception. However, anecdotally, it seems to us the general public are not widely aware of it.

The Scheme has been in place for just over a year. In its first six months, 38 cases had been referred to the scheme for information and the Police opted to proactively disclose information where they were concerned for a person’s safety in 21 cases. Not huge numbers but that still represents 59 people who have received information that may be influential in their decision making about their relationship and the risks it may present to their own personal safety and that of any children they may have.

If you have concerns about domestic violence:

 

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