KEY POINTS:
Poor enforcement of protection orders is leaving abused women open to harassment and further violence, according to a Government commissioned report.
A study prepared for the Women's Affair Ministry lists 217 woman and children who have died from domestic related homicide since the Domestic Violence Act was implemented and says some judges seem to be enforcing the law as they think it should be written, not how it actually is.
The study said most women experienced "multiple and repetitive breaches of their order" with some respondents stalking and harassing the woman.
"Seldom were men subject to any meaningful consequences for such breaches," the report said.
There were particular problems with the police attitude to breaches that did not involve physical harm, meaning they were treated as technical.
Some women did get effective enforcement of orders if they were persistent or were dealing with some police officers.
"In many respects, whether a woman received an effective response or not depended on the luck of the draw," the study said.
The report said the act was sound legislation but there were problems with judges considering applications and the police's enforcement of protection orders.
The case study of 43 women and their experiences in seeking safety from domestic violence had them expressing frustration at various aspects of the implementation of the law.
"Over the past few years, the threshold for granting protection orders without notice to the respondent has been raised," the report said.
There appeared to be no reason for this and women whose applications were put on notice "experienced significant hardship".
Applications were also considered by judges without a hearing and often no reason was given by the judge for declining the order.
This made it difficult to appeal.
"Inadequate enforcement of protection orders extended to the criminal courts. Few men who breached their orders were ever convicted of such offences, and even fewer received a meaningful sentence,"
The case studies showed there was little emphasis placed on the safety of women.
Experiences with the Family Court also showed "ongoing contact with an abusive father trumps safety for women and children".
The report was scathing at the attitude of those who were meant to be upholding the law.
"Decision makers need to implement the law as it is written, not as they wish it were written. In many ways, our most important message is enforce the law."
Among the recommendations were:
* Applicants for protection orders should not have them declined or placed on notice unless they have a chance to be heard
* Judges should have to give their reasons in writing for declining an application
* There should be a right not to go to counselling or mediation in cases involving domestic violence
* Police should give greater priority to breaches of protection orders.
- NZPA
