Abstract
This chapter mirrors the analysis in Chapter 5, but applies it to couples who were separated when the interviews were conducted. Rather than prioritising the voices of the offenders (as was done in Chapter 5), this chapter begins with the stories of the victims. Their lives pre- and post-separation are described, including information about the length of the relationships, shared parenting and the impacts of substance abuse. The women’s views about attending (or not attending) court and how a mainstream court process compares to an Indigenous sentencing court process, for both them and the offender, are reported. This chapter explores the combined influences of separating from a partner and having been sentenced in the presence of Elders and Community Representatives, who offer a community-based policing and support function. This sheds light on what assistance and programs are needed for Indigenous partner violence offenders to change their behaviour.
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References
Blagg, H. (2002) ‘Restorative Justice and Aboriginal Family Violence: Opening a Space for Healing’, in Strang, H. & Braithwaite, J. (eds.) Restorative Justice and Family Violence. Cambridge: Cambridge University Press, pp. 191–205.
Bottoms, A., Shapland, J., Costello, A., Holmes, D. and Muir, G. (2004) ‘Towards Desistance: Theoretical Underpinnings for an Empirical Study’, The Howard Journal of Criminal Justice, 43(4), pp. 368–389.
Daly, K. and Proietti-Scifoni, G. (2009) Defendants in the Circle: Nowra Circle Court, The Presence and Impact of Elders, and Re-offending. Brisbane: School of Criminology and Criminal Justice, Griffith University.
Daly, K. and Stubbs, J. (2006) ‘Feminist Engagement with Restorative Justice’, Theoretical Criminology, 10(1), pp. 9–28.
Fitzgerald, J. (2008) Does Circle Sentencing Reduce Aboriginal Offending? Sydney: NSW Bureau of Crime Statistics and Research 115. Available at: http://www.bocsar.nsw.gov.au/Documents/CJB/cjb115.pdf (Accessed: 18 May 2015).
Giordano, P., Cernkovich, S. A. and Rudolph, J. L. (2002) ‘Gender, Crime, and Desistance: Toward a Theory of Cognitive Transformation’, American Journal of Sociology, 107(4), pp. 990–1064.
Hamby, S. (2014) Battered Women’s Protective Strategies: Stronger Than You Know. New York: Oxford University Press.
Hudson, B. (2003) ‘Victims and Offenders’, in von Hirsch, A., Roberts, J., Bottoms, A. E., Roach, K. & Schiff, M. (eds.) Restorative Justice and Criminal Justice: Competing or Reconcilable Paradigms. Portland: Hart Publishing, pp. 177–194.
Marchetti, E. and Daly, K. (2016) ‘Indigenous Partner Violence, Indigenous Sentencing Courts, and Pathways to Desistance’, Violence Against Women, Online ahead of print, pp. 1–23.
Presser, L. and Gaarder, E. (2000) ‘Can Restorative Justice Reduce Battering? Some Preliminary Considerations’, Social Justice: A Journal of Crime, Conflict and World Order, 27(1), pp. 175–195.
Steering Committee for the Review of Government Service Provision (2013) Report on Government Services 2013. Canberra: Productivity Commission. Available at: http://www.pc.gov.au/gsp/rogs/2013 (Accessed: 26 February 2014).
Walker, K., Bowen, E., Brown, S. and Sleath, E. (2015) ‘Desistance from Intimate Partner Violence: A Conceptual Model and Framework for Practitioners for Managing the Process of Change’, Journal of Interpersonal Violence, 30(15), pp. 2726–2750.
Willis, M. (2011) ‘Non-disclosure of Violence in Australian Indigenous Communities’, Trends & Issues in Crime and Criminal Justice, (405 January), pp. 1–11.
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Marchetti, E. (2019). Couples Who Stayed Together. In: Indigenous Courts, Culture and Partner Violence. Palgrave Studies in Race, Ethnicity, Indigeneity and Criminal Justice. Palgrave Macmillan, London. https://doi.org/10.1057/978-1-137-58063-4_6
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DOI: https://doi.org/10.1057/978-1-137-58063-4_6
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