Catriona MacLennan: Society rewarded by its efforts to help victims

The Coalition Against Violence organised a

One of the first domestic violence victims I acted for obtained a protection order through the Family Court.

Protection orders are designed to safeguard the partners and children of domestic violence perpetrators.

However, the order could not be served - and therefore enforced - as her partner disappeared to avoid being arrested for his latest assault on her.

She was terrified of what would happen when he reappeared so she and the children spent every evening sitting in their house with all the lights off, in the hope he would think they were not there.

Imagine the terror experienced by a family simply waiting in the dark, listening to every sound coming from outside and counting down to further violence.

This shows the need to combine legal assistance with practical help for the victims of domestic violence.

From July 1, law changes aimed at beefing up legal protections took effect. Police from that date have been able to issue on-the-spot police safety orders.

These aim to provide victims with the legal safeguards of protection orders, but without the problems and delay associated with finding and paying a lawyer and applying to the Family Court.

Police safety orders are a stop-gap measure lasting for only five days, although they can be extended for a further five days. Respondents must surrender weapons and firearms licences and leave the family property as soon as the order has been issued.

This is designed to ensure that it is the victims, rather than the offender, who can remain in the home, as many victims have nowhere to go and it is immensely disruptive for children to be removed from school and taken elsewhere when violence occurs.

From July 1, judges in the criminal courts have also been able to issue protection orders on behalf of victims when offenders are sentenced for domestic violence offences.

However, concerns have been expressed about the requirement that judges must be satisfied victims do not object to the issue of orders.

This places a very public onus on victims, and may expose them to the risk of further violence from offenders pressuring them to say that they do not wish orders to be made.

Other changes that came into force on October 28 last year included an increase from six months' to two years' jail time as the maximum penalty for all protection order breaches, and greater powers for police to arrest without a warrant for breaches.

Police were also given the power to impose any bail conditions "reasonably necessary to protect" victims and those living with them.

On the practical front, Auckland-based family violence prevention agency Shine has for the past two years piloted a programme designed to enable domestic violence victims and their families to remain in their homes by making them safer there.

Women and children fleeing domestic violence often end up in Women's Refuges or on the run, which is unsettling and adds to their trauma.

The Safe at Home project provides security upgrades to the homes of those assessed as being at the most extreme risk of serious injury or death from domestic violence.

Trialled in Auckland's western suburbs, the programme involves changing locks and installing deadlocks, peepholes and door restricters; fitting security lights and replacing glass doors with solid doors.

Burglar and smoke alarms are fitted, as domestic violence victims may be at risk of having their homes burnt down.

Victims are also provided with handheld personal alarms so that they can immediately summon assistance.

The increased security means that victims are not only safer, but feel that they are safer, and can therefore remain in their own homes. The programme is adapted from a British model, which is now also used in some parts of Australia.

Although the New Zealand experience is still very new, the preliminary results are encouraging. Enhanced security has been provided to 90 victims and their 146 children between 2008 and this year.

Shine's database indicates there has been a clear decrease in the number of offences relating to families taking part in the project.

A random sample of 14 victims showed a total of 65 incidents involving the police before the additional security being fitted, and only 12 incidents afterwards. Eight of the 14 victims experienced no further incidents.

The pilot was funded by the Government, but now there is money only for one further year of the project and no funds to expand it throughout Auckland and to the rest of New Zealand.

It costs $4000 to make a victim safer at home. By contrast, Treasury calculates the cost of one homicide at $3.9 million. It seems plain that it is false economy to deny such an encouraging programme the funds it needs.

Catriona MacLennan is a South Auckland barrister.