Module 4: Training materials (Legal sector)

Videos
Barriers for victims of domestic violence

Leslie Morgan Steiner explains in the following video why victims of domestic violence do not leave and corrects common misconceptions about domestic violence:

If you do not see the video here, please use another browser or click here: https://www.youtube.com/watch?v=V1yW5IsnSjo.
Vulnerable groups and multiple discrimination

The following video illustrates negative social associations with gender:

Sex refers to biological characteristics. Gender refers to societal roles, behaviours, and attributes considered appropriate for men and women in society. Find more information on gender in Module 1.
If you do not see the video here, please use another browser or click here: https://www.youtube.com/watch?v=dxrPeFKtUwQ.

Racial stereotypes can diminish individuals’ self-image and value, making it even harder for victims of domestic violence to seek help and support. The following video recreates a famous experiment designed in the 1940s in the USA on prejudice, discrimination, and racial segregation:

If you do not see the video here, please use another browser or click here: https://www.youtube.com/watch?v=QRZPw-9sJtQ.
Secondary victimisation

Watch the following video to learn more about gender-based violence, victim-blaming and secondary victimisation:

If you do not see the video here, please use another browser or click here: https://www.youtube.com/watch?v=ElJxUVJ8blw&pp=ygU4amFja3NvbiBrYXR6IHZpb2xlbmNlIGFnYWluc3Qgd29tZW7igJRpdCdzIGEgbWVuJ3MgaXNzdWU%3D.
Case study
Case study: Domestic violence and custody rights

Sophia has been a victim of domestic violence for several years at the hands of her husband, Michael. Michael has a history of violent behaviour, and there have been multiple police reports and a restraining order issued against him. Sophia and Michael have a 5-year-old son, Ethan. Recently, Sophia filed for divorce and full custody of Ethan, citing Michael’s violent behaviour as a major concern.

Michael is petitioning the family court for visitation rights with Ethan. Sophia is deeply worried about the potential risk to both herself and her son if Michael is granted visitation. The court must now decide whether Michael should be allowed to have contact with Ethan and under what conditions.

Tasks for reflection

(1) What measures can the court take to ensure the safety of Sophia and Ethan during any potential visitations with Michael?

(2) What types of evidence and testimony should Sophia present in court to support her opposition to Michael’s petition for visitation?

(3) In what ways can the court assess Ethan’s well-being and safety in deciding on visitation rights, especially considering his age and potential psychological impact from witnessing domestic violence?

(4) What legal principles or guidelines should the court follow when determining visitation rights in cases of domestic violence?

(5) How can Sophia’s concerns about ongoing safety for herself and Ethan be addressed and considered by the court during the legal proceedings?

(6) What support services and resources can be offered to Sophia and Ethan to help them cope with the emotional and psychological effects of domestic violence and the ongoing legal process?

Examples

(1) The court should prioritise the safety and well-being of Sophia and Ethan. Given Michael’s history of violence, supervised visitation in a controlled environment should be considered to ensure their protection.

(2) Sophia should present the police reports documenting incidents of violence, medical records if any injuries occurred, and any testimonies from witnesses who have observed the violence.

(3) The court could appoint a child psychologist to assess Ethan’s emotional and psychological state, considering his age and the potential trauma from exposure to domestic violence.

(4) Visitation rights should be granted cautiously in cases of domestic violence, with the primary concern being the safety of the child. The court should prioritise protection from harm over parental access in such situations.

(5) Sophia’s concerns about ongoing safety for herself and Ethan should be taken seriously by the court. The judge should provide opportunities for Sophia to express her fears and present evidence supporting her concerns.

(6) Support services such as counselling for trauma, legal advocacy, and access to shelters should be offered to Sophia and Ethan to help them cope with the emotional and psychological effects of domestic violence and navigate the complexities of the legal process.


Further training materials

Quiz: Access to justice


Barriers for victims of domestic violence

The following personal, social and cultural, societal, and legal barriers can affect access to justice at all stages:

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Investigation: Immediate response

An immediate response includes:

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