BESC1515 Developmental and Social Psychology Assessment 3: Social Psychology Case Study Report
- Subject Code :
BESC1515
BESC1515 Developmental and Social Psychology
Assessment 3: Social psychology case study report
All these cases are female victims in a heterosexual relationship
Contents
Case Study 1
Angelina
Angelina was born overseas and English is her second language. She met Barry after coming to Australia on a student visa. She was working to support herself; and studying to improve her English skills and have her foreign professional qualifications recognised. Barry had a responsible job. Neither had been married or in a long-term relationship. They soon started living together as a couple, and Angelina applied for a partner visa with Barry as her sponsor. They registered their de facto relationship and separated after nearly twelve months. There are no children.
Early on in the relationship, Barry urged Angelina to get a different job that didnt involve night and weekend shifts so that she could be home to take care of the cooking and house, and available to go on short breaks and holidays with Barry. Angelina however enjoyed her job and was happy to work hard for good pay. Barry kept insisting until one day when Angelina was leaving for work, he hid the car keys.
Eventually, he gave her the keys, but told her it was the last time he would allow it. Barry tried, and failed, to find Angelina a full-time weekday job for higher pay, so she was forced to give up her shift work and become a housewife to Barry. While bored and frustrated at home, she applied for countless positions without success. Barry pushed her to apply for roles that she had not yet qualified for; she resisted.
Barry took more and more control of their daily lives. He scheduled weekends away according to a strict timetable that didnt suit Angelina; he took her on long car trips that Angelina found unpleasant, and wouldnt allow her to listen to the music she likes; and he chose destinations that she didnt enjoy. Angelina would not tolerate being dictated to, and they argued frequently. Often, Barry reminded her that he controlled her visa, and threatened to write to the immigration authority withdrawing his sponsorship. Barry had all of Angelinas immigration documents and details in his possession.
In time, Angelina got another shift job that she was reasonably content with. Barry was angry because she was earning less money and he complained that her English was getting worse. Barry demanded that Angelina transfer all of her wages to him, and he would then put an amount each week in a joint account that she could access to pay for groceries and household expenses. Again, Angelina questioned these demands asserting that she was happy to share, but was also entitled to her own money to buy, for example, gifts for him. Barry never deposited enough money in the joint account, and Angelina had to regularly ask for more, which she found humiliating. Meanwhile, Barry was free to spend his wage and the balance of Angelinas wage as he pleased.
Angelina was made responsible for cooking and household duties while also working and studying. He criticised and belittled her efforts around the house. He bought her clothes that she felt were age inappropriate and uncomfortable. Sex occurred on Barrys terms without any regard for Angelinas wishes. He told her she was required to sleep with him as a condition of the visa, and if she didnt, he would report her. He also told Angelina that Australian women manipulated men so they could have children, and acquire the majority share of income and assets before divorcing them. Angelina concluded that Barry had pursued her because he believed he could take advantage of her visa dependency.
When they first met, Barry spoke to Angelina of his many friends; however, the only person they ever saw was Barrys mother. Barry refused invitations for them to spend time with some of Angelinas close family members who lived nearby. He monitored her phone and internet activity. Barry objected to Angelina speaking her first language. On one occasion when she was on the phone to a family member in her home country, Barry wielded a knife demanding that she end the conversation and cook dinner. Angelina was aware that Barry also kept rifles at home.
Angelina was becoming increasingly isolated, demeaned and depressed by Barrys abuse. She started working more to get away from him. Barry then set up a whiteboard in the kitchen recording her rosters; he would ring and text her repeatedly at work demanding to know her shift times. Angelina says she felt like a slave: working long hours, being constantly monitored, and relinquishing her wages.
The situation became intolerable for Angelina and she left to stay with a friend. A family member encouraged her to get some advice from the support service at the local Magistrates Court. She was referred to other services that helped her with her visa application and recommended she apply for a protection order. She also started seeing a psychologist as her emotional health and confidence had deteriorated markedly.
After separation, Barry went to Angelinas workplace and spoke with her employer more than once, embarrassing Angelina. He followed her; and Angelina believes he broke into her relatives home and stole goods. Barry went to Angelinas home and took photos of her and the car licence plate. It was at that point that she rang the police, and then proceeded to obtain a temporary protection order. Police advised her that Barry had tried to avoid service. On the hearing date she felt pressured to accept a two-year undertaking for Barry to be of good behaviour towards her. Barrys lawyer told her it would be sufficient, and that a protection order wasnt necessary. She therefore offered an undertaking and Barrys lawyer agreed to it on behalf of Barry on the basis that she provides a reciprocal undertaking. Angelina felt humiliated by this tactic; she refused to provide the undertaking and insisted that the matter be heard. Barry gave the undertaking and the matter was dismissed. She felt the Magistrate was understanding of her circumstances and could see that Barry was an untruthful opportunist.
Barry has made no contact with Angelina since the court date. Angelina left the relationship with only her clothes and personal possessions. She is entitled to be reimbursed the wages she earned and to retrieve furniture she purchased, however she would rather forgo her rights than have any further involvement with Barry. Angelina is on medication to cope with the depression she has suffered as a
consequence of Barrys abuse. She is trying hard to re-establish her family and social networks, and to complete her studies.
Case Study 2
Anna
Anna and Nathan met one another at high school, however neither completed year 12. During their five-year relationship, they lived together for periods, on and off, and had a child who was aged two when they separated. Anna has experienced physical and mental health problems since early adolescence, which, as an adult, have prevented her from gaining a qualification or employment. She is on a disability pension and, as the primary carer of the child, receives parenting and public housing support. When younger, Anna took party drugs to cope with her anxiety and depression, but feels now that she has grown out of the habit. Nathans drug taking and dealing and associated criminal activity have dominated his life for many years, and on one occasion resulted in a serious conviction for which he served a sentence of probation. Anna describes Nathan as extremely aggressiveand more so when taking drugs or alcoholand possibly having a mental illness, though she believes undiagnosed. The child has been diagnosed with various behavioural disorders, which are now managed with medication and ongoing medical treatment. There are Family Court parenting orders in place granting Anna residence and allowing Nathan weekly contact, however Nathan rarely sees or telephones the child.
From early on in the relationship, Nathan would regularly (and wrongly) accuse Anna of cheating on him, he would often check on her whereabouts and who she was spending time with, and constantly monitored her money while refusing to make any contribution himself to rent and other joint expenses. On a few occasions when Nathan got drunk and felt that Anna was giving him attitude, he would put his hands around her throat strangling her in front of others. Anna became pregnant when Nathan was on probation, and child protection was alerted to Nathans physical and emotional violence towards her. On a visit during her pregnancy, a child protection officer told her the child would be taken away from her if she stayed with Nathan. Anna wasnt overly concerned because she had good family support around her and, with the help of a local youth service, was attending parenting and ante-natal classes and getting set up at home.
Nathans physical violence did however escalate during and after the pregnancy.
Nathan wielded a knife at Anna causing her to barricade herself in a locked room. While the baby slept, he strangled and beat her so badly that she blacked out and, with help from a family member, was taken by ambulance to the hospital and treated for multiple fractures, and facial and scalp wounds. Two months later, he yanked her arm forcefully, resulting in a serious elbow injury and lengthy recovery. Nathan was often drunk or stoned during these violent rampages, and would always flee the scene leaving Anna to fend for herself. On one occasion, Nathan assaulted Anna while they were walking with their child to the local shops. He took off with the child, leaving Anna on the street with severe cuts and bruising and torn clothes. Police were alerted and successfully applied to the court for a two-year protection order on Annas behalf, with the child named as a protected party.
On the expiration of the first order, police obtained a further identical order, which is due to expire in the coming months. Anna has spoken to a local domestic violence support worker who is encouraging her to seek a five-year order. Anna reports feeling both frustrated and terrified because, despite having these orders and being on the police high-alert list, Nathan has repeatedly and flagrantly breached the orders, and continues to do so regularly, by stalking Anna and the child, ringing and letting her know where she has been and with whom, and threatening physical harm and death. Nathan has ready access to guns and knives and, on one occasion when he was facing the possibility of a jail term for another offence, threatened to shoot Annas mother and Anna herself if Anna tried to disappear with the child. Anna has returned to police, repeatedly, to make statements attesting to Nathans breaches, and at times, has had to appear at the hearing, self-represented (due to no access to Legal Aid), accompanied by a local domestic violence support worker, and intimidated by the prospect of Nathan being in the courtroom. Nathan would frequently seek and obtain adjournments for the breach hearings; and whilst he was often found guilty of breach, he has never received other than a fine as penalty. Following each hearing, Anna expected that the police would contact her to advise the outcome, but she found that she had to constantly ring and ask. She was only ever told about the fines, and cant say whether convictions were recorded, or whether Nathan has ever been charged with stalking, assault or any other offence related to his domestic and family violence towards her and the child.
Anna believes that Nathan continues to be involved with criminal activities and that he is known to police. Although Nathan doesnt physically approach Anna, he continues to monitor her and the child through his family and friends. Anna feels constantly unsafe and under threat, and wont venture out of the house without people who can protect her and the child. Anna regularly changes her appearance and telephone number, and has recently changed the locks on her house. The police have cautioned her to lock herself in. Still young, Anna is desperate to establish a normal and happy life; however she feels trapped and damaged by Nathans ongoing domestic and family violence, and by what she perceives to be the failure of the justice system to recognise the seriousness of Nathans crimes and to punish him appropriately, and to protect her and the child adequately.
Nathan has only ever paid a negligible amount of child support; ultimately, his violence resulted in Anna having to obtain an exemption from claiming. Despite having contact orders, Nathan has always flouted the conditions, or not bothered to see or speak with the child at all. Anna would like to have the orders varied to disallow contact on the basis of Nathans serious and ongoing violence, however she expects to be criticised by the court for seeking to prevent a relationship between Nathan and the child; and yet has had the experience of being told by child protection that if she remains with Nathan, the child will be removed from her.
Having tried and failed, time and again, over five years to secure proper protection from Nathan, at this stage, Anna cant see what else she can do to improve her situation. She doesnt have the financial resources to engage a private lawyer, and her health is so compromised that her prospects of future employment are limited. She is also very concerned about the daily and long-term impacts of the violence and fear on the child.
Case Study 3
Carol
Carol and Rod were both born overseas, sharing a country of origin where they met and lived together for some years before marrying and immigrating to Australia. English is their first language. They have two children who are now adults. Carol and Rod separated after twenty- five years; however they remain married to one another. Carol completed high school and obtained an industry qualification. She now works part-time. Rod is university educated, has a professional qualification and works in highly-remunerated employment. Throughout the relationship Rod worked overseas at remote locations for extended periods, returning home periodically. Rod continues to work in this manner, however Carol believes that he now returns only occasionally as he is concerned about being charged for multiple breaches of the protection order she has against him. Rod sends Carol his pay slips to show her how much money he is earning; he never paid child support. Carol believes that Rod has been mentally unwell for many years, though hes never sought help or a diagnosis. Carol believes Rod has not accepted that the marriage is over even after 12 years of separation; he continues to wear his wedding ring, and tells her and others that theyre still together.
Carol describes their long relationship as turbulent and dysfunctional and recognises that Rods controlling behaviours began in the early years and escalated after they arrived in Australia with their infant first child. When the couple were still living overseas and Carol was pregnant, Rod sought to isolate Carol from her close family and support network by insisting on buying property some distance away from the town where her many family members resided. When Carol needed to buy business wear that was often expensive Rod would monitor her spending. On the advice of a friend, Carol carried a red texta pen so she could mark the tags as sale price before bringing them home for Rod to scrutinise. Carol opened a separate bank account of her own for her earnings and made sure the statements werent posted to their address; Rod insisted however that her earnings be exhausted first on groceries and household expenses before he made a contribution. Once in Australia, as well as his financially controlling and socially isolating behaviours, Rod became physically violent towards Carol, often punching and at times strangling her over many years. Rod would not allow the children to eat meals with him and Carol; he told them he wanted their mother to himself. Rod also often told the children Carol was mad, and when the children were adults he announced to them and other of Carols family members that she was dying. At one stage during a separation Rod tried to have Carol declared an unfit mother alleging alcoholism and mental illness; he subpoenaed her medical records, however was unable to substantiate his claims. Carol tried to leave the relationship on four occasions before their final separation. She returned each time because she found it too difficult to care for the children properly, she did not have adequate financial resources of her own, and Rod would regularly turn up at the homes of friends or family where she was staying and try to claim her back.
One evening Rods behaviour became so terrifying to Carol that she believed he would kill her. Rod had pinned their older child up against the wall; Carol retaliated telling him never to touch the children. For years, Carol had put up with Rods violence and abuse for fear that resistance would only exacerbate his behaviour; but she would not tolerate the children being harmed. Rods response was to force Carol into a chair, strangle her and hold two knives to her throat. The following day Carols neighbour told her that they thought an animal was being tortured in the garden. Somehow Carol managed to call the police; they attended quickly and, witnessing the marks on Carols neck and Rods state, took the matter seriously. As the police were arriving at the house, Rod took his shirt off and started drinking spirits from a bottle, though hed not drunk previously that night. He tried to push past the police to get at Carol, and when stopped he smashed the glasses on the kitchen bench. The police handcuffed Rod and detained him elsewhere for the night while an officer remained and took a statement from Carol. She was extremely concerned that if the police took action against Rod, he would return the next day and kill her. The police persisted telling Carol that they must proceed and get a protection order on her behalf against Rod to ensure her safety. The matter was set down to be dealt with at the Magistrates Court the following afternoon, however Rod failed to appear and a warrant was issued for his arrest. The hearing proceeded and a final two-year protection order was made by the court prohibiting Rod from any form of contact with Carol and allowing Rod only supervised visits with the children. Carol found the court experience intimidating and unfamiliar: Rod was represented by a private lawyer; she was required to be in the courtroom with Rod at close proximity and no screens or other protections were offered. On a positive note the courts domestic violence service arranged for her to sit in a separate waiting room before the hearing.
On the day the first protection order was granted, Rod withdrew hundreds of thousands of dollars from various joint accounts and a line of credit never previously used, and sent the money to overseas bank accounts Carol had no knowledge of. Carol does not recall signing any documentation for the joint line of credit and was astonished and distraught that the bank would allow it to be drawn down without her authorisation. Rod had on many occasions promised to financially cripple Carol.
Following the protection orderwhich Carol says marked their final separationthe children lived with Carol, and saw their father occasionally under supervision by family members or friends. Rod did not seek parenting orders from the Family Court to secure this arrangement or to increase his contact time. Eventually, family and friends told Carol that they could no longer supervise Rods visits with the children because he did not spend the time with the children; rather he used it as an opportunity to question them about Carol.
Since separation Rods abuse of Carol has been constant and menacing, and continues after 12 years. Being out of the country is no bar to Rods capacity to abuse Carol. When overseas Rod rings or texts or emails Carol at least twice daily, and often more frequently. These communications are chaotic, disturbing and intimidating: they include taunts and insults; appeals to Carol to return to the marriage with pledges such as I love you, Im worried about you, and I miss you; and goading with questions such as: Have I tipped you over the edge yet? Why are you making me having to kill you? He has sent pictures of dead children. He also sends Carol postcards, flowers, gifts and grocery deliveries. When in Australia, Rod has slept in the garden of the property where Carol lives (and owns jointly with Rod); he has broken into the property, stalked Carol and her friends in the local area, and twice followed her on overseas trips. On one occasion, knowing he was following her, Carol drove home quickly and locked herself in the house. Rod tried every door and window to gain access. While she sat behind the front door so that Rod couldnt see her, Carol called the police in whispered tones, again so as not to alert him to her presence; the police later told Carol that they did not give the call priority because they expected that if she were genuinely fearful she would be screaming.
Carol has been forced to seek multiple protection orders over the years, and still requires an order even though she questions how effective they are given Rods serial and flagrant breaches. Due to Rods regular periods overseas and generally elusive behaviour, service of orders has been recurrently problematic, sometimes taking weeks for service to be effected. Carol has had to apply for substituted service. Rod has also prolonged and thwarted court proceedings by having his lawyer regularly seek adjournments on work grounds. Carol has been vigilant in recording Rods breaches and regularly reporting them to the police; however she feels that she may be regarded as an annoyance by some police officers. Rod has nevertheless been charged and convicted on five occasions for breaches of protection orders. Each time he has received a fine, which Carol believes has no deterrent effect due to Rods significant income, and the fine amount has reduced over time despite Rods reoffending. At no stage has Rod ever been charged with stalking or strangulation offences nor have police ever discussed these possibilities with Carol, though they have mentioned to her that they believe a term of imprisonment is appropriate for a future breach conviction. Carol believes that imprisonment would make a difference to Rods behaviour especially if he was also required to undertake a perpetrator intervention program as she feels that this is the best opportunity for his mental ill health to be addressed.
Carol has done her best to stay healthy and positive despite the history of abuse she continues to experience. She believes Rod is becoming more dangerous and the fear that Rod will one day kill her remains real and front of her mind. She avoids social media because shes very concerned that it would be another means by which Rod could track her. She has also given up on developing any intimate relationship as she knows that Rod would attempt to follow and intimidate her and any partner.
Carols financial resources are limited, she earns a modest income, and has no assets of significant value other than the house property she resides in and owns jointly with Rod. Carol has for decades serviced the original debt on the property; she feels she can manage this with her earnings. Rod further mortgaged the property some years ago, and continues to service that liability. Carols preference is to divorce Rod but this would require a property settlement. Carol knows this process will precipitate the sale of the house property and the equity will largely be exhausted in paying debts accrued by Rod and yet held in their joint names.
Carol has had a long engagement with court processes mostly as a self-represented party attempting to seek protection against Rods violence and abuse. Her confidence has grown over the years, but she remains concerned that she is unable to secure the legal protection from Rods abuse that she needs. On one occasion she received advice from legal aid for a breach hearing against Rod; but she has always appeared in protection order matters on her own. She believes that police have mostly taken her complaints seriously, though at times she has felt that shes an annoyance due to her frequent reporting of breaches, or that shes been disbelieved, for example looking to exploit the process to achieve a favourable financial outcome for herself. Carol also feels that the Magistrates she has appeared before have rarely read or fully understood the material setting out the history of the violence and abuse, and that the penalties for breaches of protection orders are inconsistent, inadequate and Magistrate specific. Carols concerns and fears continue unabated.
Case Study 4
Cassy
Cassy and Glen were in a relationship for five years and during that time had five children together aged between four and near newborn at separation. They are both Indigenous, and neither has been in employment or received any post-secondary training or education. Their income during the relationship was in the form of various welfare benefits. Cassy used cannabis regularly from the age of 13, but has been clean since soon after the birth of their fifth child. Glen is a long-term speed and ice user; his drug taking increased during the relationship and made him more violent particularly when he was coming down or when he couldnt access the drugs readily. Cassy was abused during her childhood by a family friend who was imprisoned briefly as a result, and later, by a close family member. Growing up, Cassy was also significantly involved in the care of a disabled relative.
Glens violence towards Cassy started several months after their first child was born. Glen punched Cassy in the nose causing severe pain and bleeding. A passer-by called the police and an ambulance took her to the hospital. A police-initiated protection order was issued allowing Cassy and Glen to continue living together on the condition that Glen maintained good behaviour towards Cassy. At that stage, Cassy felt committed to the relationship and hoped that she could influence Glen to stop his violence and drug taking. At Cassys request, Glen was not charged with assault.
During Cassys second pregnancy, despite the protection order, Glens violence became more frequent and aggressive, though not as physically severe as previously. Cassy describes the violence as blow outs now and then, rather than an exercise of ongoing control. This continued through to Cassys third pregnancy when, at six months, Glen beat Cassy badly one afternoon before travelling together on a train with their two children, and again at home the following morning. Cassy was taken by ambulance to the hospital and afterwards, with the children, went to stay with her sister for a week before returning to live with Glen. Again, police asked if Cassy wanted Glen charged with assault, and she declined and he was not charged. Cassy reasoned to herself that the violence was the price she was prepared to pay for having beautiful children with someone who had his good sides, and wasnt always an arsehole.
After their third child was born, when Glens ice-use was escalating, Cassy started using ice occasionally, hoping that it might bring them closer together. Cassy felt she loved Glen and wanted the relationship to work; she also believed he was a great father and, despite his violence towards her, he would never harm the children. However, the violence continued. When Cassy found out she was pregnant with their fourth child, Glen seriously bashed her nose after an angry verbal exchange between the two of them, and when Glen was coming down from an ice hit. Once again, the police were called and Cassy went to hospital for treatment.
Despite not having been charged for any of his assaults on Cassy, Glen had by that stage been convicted of a breach of the protection order, and received a two-year probationary order with a good behaviour bond and no conviction recorded. He was then convicted of drug possession and received an extended probationary period before being charged with the assault and rape of a relative and a relatives girlfriend respectively. Child protection was alerted and began visiting the home every week to check on the wellbeing of the children and how Cassy was coping. Cassy thought the situation was stable and manageable until child protection acted on a report from a third party claiming that Glen had harmed their son. Cassy does not believe that Glen would have done that, and observed that the child was happy and unharmed on the day in question. Child protection removed all the children from Cassy and Glens care and resettled them with some of Cassys relatives.
When Cassy was pregnant with their last child, Glen went into custody on remand awaiting trial of the assault and rape charges. Two days after the birth, child protection removed the child, again to one of Cassys relatives. Given that Glen was now in custody, Cassy couldnt understand why the infant, or any of the other children, were deemed to be at ongoing risk. She accepted however that they needed to be protected from the violent relationship and believed that the children were being well cared for by her relatives. With the assistance of a lawyer, Cassy was able to ensure the child protection order was made for only 12 months rather than the longer period sought by the child protection department. She commenced supervised contact with all of the couples children each week, and attended counselling sessions and a parenting program in preparation for their return. She also stopped using illegal drugs.
While Cassy feels she had little support and understanding from police and child protection, she believes that she has benefited a great deal from the advice she received from her lawyers and counsellors. It is critically important to her that the children return to her care, happy and healthy, and she believes she understands the damaging effects of her violent relationship with Glen. When Glen is out of prison she is adamant that she does not want to continue the relationship, and that she will be careful to make proper, safe arrangements for him to have contact with the children.
Case Study 5
Celina
Celina and David grew up in the same country of origin, however at the time they met through an online dating website, David had been living in Australia for 7 years, and Celina was still living in her home country with her mother. Celina also has a sister and family living in Australia. Both Celina and David have been married previously, are professionally qualified and aged in their thirties. David has a primary-school age child who lives with his former wife and spends regular weekend and holiday time with David. After Celina and David married overseas, David promptly returned to Australia and Celina applied to Australian Immigration for a joint visa for herself and her mother, with David as their sponsor. When the visa was granted, Celina resigned from her professional employment and travelled to Australia to live with David; Celinas mother followed a few months later to allow them some time to settle in together.
Celina speaks fondly of her early days living with David. She described him as gentlemanly, respectful, loving and enthusiastic about showing her the sights of the exciting city she had moved to. Celina had experienced stigma in her own culture due to being a divorced woman, and felt that her marriage to David restored her dreams for a good life and a family. She was committed to supporting David in caring for his child, and believes she made a genuine effort to build a relationship. When the child was staying with Celina and David, Celina would take care of the childs needs, prepare meals and do the housekeeping while David went to work. This was not a lifestyle Celina was accustomed to having been employed and independent for many years. Celina was unable to get employment while on a temporary visa and was therefore entirely financially dependent on David.
One evening, around a month after Celina arrived in Australia, Davids behaviour towards her changed abruptly. It was the childs birthday and they had planned to collect the child from the mothers house and go out for dinner. Celina had prepared and wrapped presents. David refused to allow Celina to travel in the car on the basis that it would upset the childs mother. Instead, she was dropped somewhere close to a big junction on the way and was pushed out of the car by force. In the middle of an unfamiliar area, she walked down the street and stopped at a supermarket and decided to wait there as it was getting dark and she didnt know where else to go being still new to Australia. She was left for several hours until David eventually collected her. Celina found herself highly distressed, at night in unfamiliar surrounds, and confused and hurt by Davids inconsiderate treatment. Not knowing what to do, she rang his parents and her own mother (all living overseas) seeking their advice and comfort. She pleaded with Davids father to contact David and ask him to collect her. Davids mother told her that David had a bad temper but he couldnt afford to have another marriage fail. Celinas mother advised that she must try hard to make the marriage work. When David collected Celina later that evening, he shouted abuse at her, claiming that she was trouble and had ruined the childs birthday, and that he didnt want a woman who wouldnt obey him. Once home, David left Celina in the car crying for half an hour then returned and grabbed and shook her violently. Considerably smaller than David, Celina felt scared and weak and asked him to stop; he then dragged her out of the car and pushed her away. Celina fell and hit her head on the concrete driveway resulting in a painful bump to her head and wounded right foot. David dragged her into the house where she laid crying and shaking on the floor while he had a meal. Seemingly to revive her, David began slapping Celina repeatedly on both cheeks, and then tossed a bucket of water over her face. Some hours later, Celina managed to get to her feet and make her way to their bed; however, David had gone to sleep in the childs bedroom, which Celina was shocked by so early in their time living together. In the days following, David apologised to Celina, but remained angry about her contacting the parents and sharing details of their marriage, which he believed should remain private.
Over time, David demanded that Celina take on more and more of the household duties and child caring responsibilities. David began scolding and verbally abusing Celina in the presence of the child who mimicked his fathers behaviour towards her. Celina was not allowed a phone of her own; instead, David would give her his personal mobile while he was at work and he would use his office mobile to call her incessantly through the day, principally to tell her what he wanted done and to get details of the meals and snacks she was preparing for the child. When David returned home, he would check the activity and search history on his personal mobile and inspect the food in the fridge and cupboards. So demeaned by this suspicious conduct, Celina decided to document meals and activities through the day by taking digital photographs and loading them on Davids Drop box so he could inspect and verify them. David only ever gave Celina small amounts of cash to cover public transport costs to and from the childs school; otherwise, she had no access to any funds. He also accused her of secreting spare coins for her own use. They argued daily about Davids demands and Celinas resistance to comply. David would often Skype his parents and complain to them about Celina being a bad wife, aware that Celina was listening.
Not long after the incident on the childs birthday, David had an argument with the childs mother at a changeover occasion and, in full view of the child, tried to strangle her. The childs mother called the police who subsequently issued a protection order against David. Celina believed that he was also charged with assault and the matter would go to a hearing. At the same time Celinas relationship with David was deteriorating, David was putting pressure on Celina to provide a character reference (character evidence) for the court. He told her it was her chance to do something for him and to save the marriage. His lawyer told her that a strong reference from her as Davids wife would be highly persuasive to the court. Celina made a number of attempts to write a favourable reference, but felt conflicted and wronged given Davids ongoing abuse. She kept the reference to herself, unsigned, knowing that the hearing date was still some months away.
As planned, Celinas mother travelled to Australia with David after he had been on a brief visit to their home country. They were to live together in the same house, and Celinas mother was to share the childs bedroom. David however insisted that the child sleep between him and Celina while the mother stayed in the other room. Celina tried to talk with David about alternative and more comfortable sleeping arrangements, but he wasnt amenable. One night, Celina was left with so little room in the bed that she fell out and injured herself. David handed her over to her mother and went back to sleep. Celina and her mother were forced to sleep together in a very small bed. Thereafter, they spent most nights on the couches in the living room. The marital relationship soured and sexual relations ceased, yet Celina continued to make an effort to look after Davids child and keep the household going despite suffering diarrhoea, headaches, muscle and back pain, and feelings of stress and depression.
Another evening (in the presence of Celina and her mother), David skyped his parents, again complaining about Celina. During the conversation, Celina tried to correct Davids claims and explain her experience of his behaviour. David called her (in their first language) a prostitute and accused her of having sex with her mother because they slept together. He then wielded a coffee cup as if to throw it at her when Celinas mother physically intervened. Later, as he became increasingly intoxicated, he told them both to leave the house before he turned into an animal; he said he would refuse them food and drinks and get rid of them if they caused trouble with his child. He threatened to separate them and send Celinas mother back to her home country. When David was asleep, Celina and her mother went to a neighbour who called the police. Celina believed the police were sympathetic to her situation and could see that David was volatile and dangerous. While Celina and her mother were at the police station, David arrived and began arguing with the officers in an aggressive manner. The police returned Celina and her mother to Davids home as they were unable to find emergency accommodation for them due to their not being permanent residents; again, David began arguing with the police, whereupon the police told Celina and her mother to pack their belongings and leave Davids home as soon as possible. Soon after the police left, David destroyed the wedding photographs hung on the wall by smashing them in front of Celina. Celina and her mother were left totally helpless. Using the neighbours mobile phone, Celina contacted her sister who was living interstate and sought her help. At that time, Celina destroyed the character reference she had written in relation to Davids assault proceedings.
The police initiated a protection order application on Celines behalf and, at the first mention date, secured a temporary protection order. Soon after, Celine and her mother relocated interstate to stay with the sister. A second mention date was set, however the police advised Celina that it wasnt necessary for her to appear in person. When she contacted the police after the mention, she was told that the application had been withdrawn because she had moved interstate.
Celina and her mother began living with the sister, however it was soon apparent that the sister and her family didnt have the financial resources to support them, and they were forced to leave and find alternative accommodation. Celina sought advice from a local domestic violence support organisation which she says provided them with advice and access to support when she and her mother were desperate and homeless. The service arranged refuge accommodation for them both, provided transport to the refuge and financial assistance to cover their ongoing needs, referred them to psychiatric counselling to cope with the stress and depression they were experiencing, and gave Celina advice and assistance in applying for a protection order on the basis of Davids abusive and threatening behaviour. Celina and her mother also applied for and were granted the Centrelink Special Benefit soon after they moved interstate. Celina obtained a temporary protection order, however service was delayed as Davids current address and whereabouts are not known. When eventually the matter was heard by the magistrate, Celina was unrepresented, whereas David had a solicitor and barrister acting for him. Feeling pressured, Celina accepted a written undertaking from David that he would not contact her, and would be of good behaviour and not commit any act of domestic violence towards her for one year. Celina and her mother sought advice from a community immigration lawyer, and have now been granted permanent residency status. They are now both housed, safe and supported, and Celina is studying. Celina is not sure of the outcome of Davids assault charge; however, she believes he pleaded guilty and was placed on a good behaviour bond.
Case Study 6
Erin
Erin and Seth married and lived together for 12 years. Both are from rural farming backgrounds. They have three children who were quite young at separation. Erin has post-graduate qualifications and over some years has acquired recognised expertise. Seth did not finish high school, however has a diploma and farming-related experience. Erin had a troubled relationship with her own family through the marriage, which has continued after separation. She feels she was blamed for a poor choice in Seth and then for the marital breakdown. Erin has been excluded from the family farming business and assets but she places a strong value on family and has endeavoured to foster a relationship, especially so the children would know their grandparents, uncle, and cousins. There is also a history of antagonism by Seths family towards Erin with the exception of one family member who has remained supportive.
Over the course of the marriage, Erin experienced negative, controlling interference from her own and Seths families including verbal and physical abuse in the presence of the children. It became problematic to involve family in the care of the children while Erin and Seth attended to work responsibilities; consequently, they stopped doing things together so that one would be available to stay home with the children.
A significant rupture occurred in the family when Seth was involved in a serious accident making him lose confidence. Seths own family farming businessin which he worked, and he and Erin had a part interestwas then sold. Seth struggled to adjust, and financial security from the farm sale took away the urgency to work which was not a good combination. Erin says Seth had a career crisis and he insisted that she and the children travel around with him looking for other opportunities. It was during this time that Seth began denigrating Erin, blaming her for joint financial decisions they previously made, claiming she was inept and incapable of making basic decisions. Erin believed that Seth was jealous of her achievements and humiliating her was his way of dealing with his own deficits. She also believed that throughout the marriage Seth deliberately set about to isolate her from her professional and personal networks so as to limit her capacity to progress in her own work and life. Over time, the situation became intolerable to Erin. From time to time, she would drive away from wherever they were staying to get some brief respite. Erin was aware that Seth had an arsenal of guns (he and his father are hunters), and, as Seths behaviour became more irrational, she became increasingly worried about how he might use them.
Eventually, Seth decided to move interstate to be closer to his family and to have time to find himself. He tried to deliver Erin and the children to Erins family, but they refused to house them on the family property. Erin and the children were forced to live with Seth in motels for a number of months before Erin organised a rental house, a quite expensive one that was the only one he would agree to. Within weeks of moving in, Seth was spending more time away than at home, and would take the family car. Erin ended up having to pay for the rental house and purchase another car. The couple separated and a year after reaching a property settlement, Erin felt she and the children were emotionally able to move to a house she bought in her own right. She hoped to give the children a sense of stability as Seths week about contact with them was erratic, and each changeover time was an opportunity for him to put her down in front of the children. In the time following separation Seths abusive behaviour towards Erin escalated considerably. He also took deliberate steps to recruit Erins and his own family as participants in the abuse. In one year after separation Seth again moved interstate and chose to see the children for only limited time on school holidays.
The couple divorced and agreed on a parenting plan, through solicitors, for the care of the children: they would live with Erin and spend four nights each fortnight with Seth. Seth never followed the arrangement; he would take or leave the children as he wished, and refused to consult Erin or comply with any routine.
Seth finally got a job and permanent accommodation on the farm where he worked. The couples sons were then involved in an accident while at the farm with
Seth. The youngest suffered a head injury and Seth didnt seek suitable medical support, driving him to town instead of calling an ambulance. It wasnt as serious as feared, but the child experienced health issues and was absent from school as a result. It was clear to Erin that she hadnt been given a truthful account of the accident. It became apparent to Erin that her family were concerned about Seths parenting, calling him irresponsible in front of the children on many occasions, and suggesting that he not have contact with them. Erin found herself having to stand up for the childrens right to have both parents in their lives, resulting on further conflict with her own parents. Seeming to take advantage of this rift, Seth encouraged Erins parents to call for a Justice Examination Order to be issued placing Erin under surveillance by police and psychologists for around a week. During his contact time, Seth began alienating the two older children from Erin. He would report to Erin that they were afraid of her and that she was violent and abusive towards them when in her care. What significantly damaged Erins relationship with the older two children and prolonged proceedings was Seths encouragement of the eldest child to make assault allegations against Erin. She was charged and released on bail, and the charges were subsequently dismissed. This was traumatic and humiliating for Erin.
On one occasion, Seth assaulted Erin in the childrens presence and then drove off with all three children in the car. The police were called but no action was taken to return the children to Erin. As a consequence, Erin made an application to the Family Court for interim parenting orders. The first family report highlighted alienating and aligning behaviour by Seth in relation to the two older children and concluded that it was clear that Seth wanted Erin out of the childrens lives. The court ordered that the three children live with Erin and have contact with Seth three weekends in every four. Counselling was ordered for all three children; however Seth later withdrew the two older children from counselling accusing the counsellor of not doing what he expected of her.
Seth subsequently breached the interim parenting orders. During this time, child safety initially removed the children from both parents and then, on application, delivered them to Seths family pending a further interim hearing in the Family Court. Further interim parenting orders were made requiring that the children live with Seth and allowing Erin to have weekly two-hour contact visits at a safe house and periodic phone calls. Erin found these visits totally humiliating as she felt she was watched and listened to. She believes this forced the older two children further away from her because, as teenagers, they hated the space.
Erin was advised by her solicitor not to apply for a protection order as those proceedings may jeopardise or delay the proceedings in the Family court.
It was another 12 months before the parenting matters came to a final hearing in the Family Court. The second family report confirmed the alienation tactics highlighted in the first report. The judge acknowledged this conclusion and indicated that it wasnt appropriate for Seth to care for the youngest child for extended periods. There was however no broader recognition of Seths violence and abuse. The judge did not give any credit to the allegations regarding Erins mental ill health. Seth tried to accuse Erin of being an alcoholic.
The family report writer was the only witness in the proceedings. The court ordered that the two older children live with Seth and be free to visit Erin as they wish, and that the youngest child return to live with Erin, with fortnightly weekend contact with Seth. Erin believes that the 12 month delay gave Seth the opportunity to cause a great deal of psychological harm to the two older children in continuing his alienating tactics. Whilst an Independent Childrens Lawyer was appointed, Erin observed that the ICL met with the children only once and otherwise performed no obviously useful function; she found that she had to insist that the ICL explain the orders to the two older children as she was very concerned that they believed the court had ordered that they not have contact with her.
These parenting arrangements have continued now for 10 months. Child safety found that Seths allegations against Erin regarding her mental ill health and unfitness to care for the children were unsubstantiated. Still, Erin has no meaningful contact with her two older children. There are the occasional texts and phone calls, but they are commonly abusive towards Erin; periodically, they involve coaxing their younger sibling into disclosing information about or making demands of their mother. Changeover for the youngest child typically occurs at a service station midway between the parents houses. Seth uses these opportunities to put down Erin, and when the two older children accompany him, they remain in the car and turn their backs to her.
Seths allegations against Erin were never substantiated and yet post separation and throughout the course of the Family Court proceedings, Seth was able to alienate their two older children from Erin and, consequently, the youngest child. Erin has felt frustrated by the lack of communication or connection between the various courts and agencies that govern her and her childrens circumstances. She remains very concerned about her relationship with her two older children, and their relationship with their younger sibling, and whether there is any prospect that they will get the help they need to positively rebuild these relationships. While the court ordered counselling, it has only occurred once for the oldest two. There is now almost no communication between the oldest two children and Erin. Erin is frustrated with the court order allowing the older children to see her as they choose, believing it denies any hope of her having a good relationship with them.
Erin is now in financial trouble. While Erin was able to purchase her own home as a result of the early property settlement reached with Seth, since then she has had to borrow money on that security to fund her legal fees in the order of $100,000. Meanwhile, she has started a consultancy business, the returns from which are predictably modest through the building phase. She has received supplementary benefits from Centrelink; however she is currently facing (what she believes are unfounded) claims that she was overpaid. At no stage was Erin entitled to legal aid, whereas Seth received legal aid funding throughout despite having significant financial support from his family. She has recently missed her daughters birthday and is struggling to focus on her work. She feels like she needs a miracle.
Financially, she lives day to day, trying to make sure she can provide well enough for her youngest child.
Case Study 7
Faith
Faith and Ryan were in a relationship for around 15 years, and have five children together ranging from early primary to high school age at separation. Faith also has an adult child from a previous relationship. Faith is tertiary educated and employed in a professional role. Ryan completed an apprenticeship following high school and has worked periodically during the relationship; however is currently unemployed and receiving Centrelink benefits. Ryan had a work accident some years ago and received a significant compensation payout. He continues to take medication to manage his pain. The five children live with Faith in the family home. Ryan has contact with the children about one day each week, supervised by his parents at their home.
Faith and Ryan met in a social setting and began dating. Ryan went with Faith on her first work posting away from their home town. At that stage, Faith noticed that Ryan could get angry and frustrated easily. It was when Faith was pregnant with their first child that Ryan became abusive towards her. The abuse started as name calling; he would call her a fat ugly cunt and a loser if he felt he wasnt getting his own way or he objected to spending money. Initially, Faith would fire back her disapproval, but over time she became so diminished by the abuse that she said and did nothing, which would enrage Ryan even more.
Faith was employed through the relationship other than when the children were very young. She and Ryan had a joint bank account that her salary was paid into. Faith realised that if she didnt pay the bills immediately, Ryan would clear out the account. She describes a constant juggle with money, making sure there was enough available for household expenses and the familys needs. When Ryan was working, he would regularly spend his pay cheque at the pub on his way home, usually on alcohol and gambling. Despite mostly working full time, Faith looked after the childrens needs and took care of the house. Ryan was dismissive of the children.
As time went by Ryans abuse became physical. He frequently spat on Faith, pulled her hair, dragged her through the house, smashed her head into the wall, and threw drinks over her, on many occasions in front of the children. During another pregnancy, Ryan strangled Faith because she had discovered he had been cheating on her; she managed to kick him away from her, but miscarried afterwards.
Faith had tried previously to end the relationship. Ryan was staying with a friend because he didnt want to be with the family; Faith was determined to stay in the house and keep the children together. At that stage, Faiths adult child was still living with them and he was regularly the target of Ryans belittling and intimidating abuse. On one occasion, he kicked in the childs bedroom door while the child was in the room and threatened to kill him. Faith rang the police who attended the house four hours later despite her distress over the phone and her expressed fear that Ryan was going to kill the child. By the time the police arrived, Ryan had long departed.
Police were hostile to Faith and told her she should be protecting the children from the violence; they didnt enter the house, inspect the damage, or advise her about protection orders.
Though Ryan wasnt living with the family, he would visit and stay from time to time. Faith put up with this in the interests of preserving the family as Ryan had threatened to get a court order to take the children if they separated. Ryan had convinced Faith that she was the cause of his behaviour and the court would see it that way too. Ryans behaviour went through cycles: friendly and engaged followed by angry and violent. He claimed he had depression. He would kick Faith hard in the legs, or push her to the ground and kick her; she suffered extensive and painful bruising. Faith tried not to respond for fear that the violence would escalate. Ryan tried to isolate Faith from her family and friends, but they persisted in their support for her as they were extremely concerned for her wellbeing, knowing that she was struggling to make a break from the relationship. Despite their concerns Faith wouldnt and couldnt listen to their criticism of Ryan.
When Faith felt Ryans violence and abuse had become extreme, on her sisters advice, she sought a protection order. The domestic violence support service at the court helped her prepare the application and explained the court process to her. Faith obtained a temporary protection order, but after pressure from Ryan, she failed to appear at the final hearing, and the magistrate dismissed the application.
Ryan told Faith he wanted a happy family life, and wanted them to try again to make the relationship work. Faith found Ryan beguiling when he was in this mood, and agreed to get back together. However, the physical and emotional violence started again immediately, as well as socially isolating behaviours separating Faith from her family and friends, and controlling the family finances. He also told her over the phone of his five-step plan to destroy her. The plan involved: reporting Faith to her employer and ensuring that she lost her job; taking the children away from her; causing her to lose title to the house; reporting her to police for offences she hadnt committed; and destroying her name. Faith kept going, putting up with the abuse and focussing on the childrens needs. On one occasion, Faiths sister rang her and could hear Ryans verbal abuse in the background; she was so horrified that she called the police and asked them to check on the house. When the police arrived, Ryan ranted at them blaming Faith, and then he left the house. The police questioned Faith; she told them she hadnt called them, and that this was normal behaviour for Ryan. The police explained that it was domestic violence and suggested to Faith that she get a protection order. At that stage, Faith felt so controlled by Ryan that she was incapable of recognising his behaviour as domestic violence, and says perhaps it would have been better for her if the police had taken the matter over and applied for an order on her behalf.
It wasnt until after their fifth child was born that Faith took steps to seek protection.
Ryans violence and abuse had continued during periods of separation when Faith, having suffered a black eye, reached a point where she told him to leave and put his belongings in the front yard. Faith received legal aid funding and applied for a protection order, and Ryan responded with a cross application. The matters did not go to a hearing, and were settled by an exchange of mutual undertakings to be of good behaviour towards one another for two years. The legal aid lawyer had explained that if she breached an order, her job may be jeopardised. Faith believes she accepted this result because she wasnt ready to cut off contact with Ryan, but also felt that she was given very little advice about her legal options or their ramifications.
Following the undertakings, Faith and Ryan got back together, but soon separated for several months. Ryan would continue to drop by the house to see the children, and occasionally have sexual relations with Faith who was starting to work on getting him out of her life as she believed he was going to kill her. She described Ryan then as her heroin; she couldnt stop wanting him, yet she knew he would kill her. After telling Ryan that she couldnt go on in the relationship, he convinced her to give him another chance promising her that he had changed, that he loved her and wanted to be together as a family.
It was only a matter of weeks before Ryan flared up. When they were separated and Ryan had begun a relationship with another woman, Faith booked a trip for herself, the children and her sister. When Ryan found out he became angry and verbally abusive. Faith locked herself and the children in a room and rang the police who took two or three hours to attend the house, by which time the children were asleep. Ryan had tried to get in and snapped the key in the lock; he then went to sleep downstairs. Though the police were friendly towards Faith, they did not try to speak to Ryan; rather they stood at the front door and told her to get a protection order. Ryan soon left again, however it took Faith a couple more weeks to realise that she must do something to protect herself. She describes the moment that both defined her resolve and caused her to break down: she had rung Ryan for a reason she cant recall, and he put his new girlfriend on the phone who told her that she and Ryan had had sex in Faiths bed. Not long after, Ryan rang and described to Faith how he was going to kill her: Im going to smash your head through the back doorits glassuntil youre all cut up. Then Ill drag you by the hair down the stairs, put you in the ute, drive up to the Gateway Bridge, and push you onto oncoming traffic, and then Im going to jump off the bridge. Faith notified the police and while they flagged her number so that she would in future receive a priority response, they didnt make any attempt to charge Ryan.
Faith was so emotionally depleted and distraught that she had to take time off work to get some help while she continued caring for the children. She was able to access counselling and began learning about the cycle of violence she had endured for nearly 15 years. She realised that Ryan had manipulated her thoughts and her sense of self, and she had to retrain how to think and rebuild herself as a person.
Ryan was calling the children three times a week, and Faith was keen to get a parenting plan in place. She was referred to a solicitor through her union. She proposed supervised contact on the basis of the suicide texts shed been receiving from Ryan and was able to show the solicitor. While a plan was agreed to it never became a consent order because the solicitor failed to have it signed and filed. Ryan never complied with contact arrangements, and his abuse towards Faith continued.
One night he called Faiths parents and said, tell Faith shes not going to make it to Christmas, and then hung up. This was the prompt for Faith to obtain a temporary protection order; and pursue the matter through to a final hearing. Faith, self-represented, had a number of witnesses at the court ready to give evidence, however Ryan appeared without having prepared any material. The magistrate issued a final protection order against Ryan on the basis of his consent without admissions. Faith was devastated as she wanted Ryans domestic violence exposed and proven. The order is for two years with Faith and the children named as protected parties; Ryan is prohibited from coming near the house or school.
At the time the final protection order was made, Ryan applied to the Family Court for 50/50 shared care of the children and 75% of the value of the house property. He alleged in his material that Faith was using parental alienation tactics. At the interim hearing, with a great deal of help from a friend in preparing her material, Faith was granted residence, and Ryan was allowed weekly contact one day each week supervised by his parents between specified hours. The judge prohibited Ryan from making phone contact. Ryan and Faith were then required to attend mediation in relation to property matters despite Faith providing the details of the protection order in her material. Faith also tried to explain that Ryan had failed to disclose his financial circumstances as ordered, which would include the injury compensation payment he received and did not put in their joint account. Faith had applied for sole ownership of the house arguing that shed paid for it and all related expenses, while Ryan had made no contributions. The mediator was initially hostile and uncooperative, but as the session proceeded, attempted to identify options. Faith and Ryan returned to the court, before the judge theyd had previously, however the judge didnt appear to recall any of the details of the case, and urged them to talk and sort out their differences. The judge had also failed to read the family report, which he proceeded to read while they waited. Faith was shocked and despairing.
Faith noted that she, Ryan and the children were required to attend the court to be interviewed for the family report; they had to sit in the same waiting room as Ryan and his family before being relocated to a private area. There was no need to be present at the same time given that Ryan was interviewed first. The report recommended that Ryan complete an anger management program, undergo psychiatric assessment, not drink alcohol within 24 hours of seeing the children, and be supervised at all times with the children at his parents house, or a contact centre. Faith explained to the judge that Ryans parents had not adequately supervised in the past, and requested a contact centre. The judge declined stating that the family needed to be given a chance.
Faith tried to limit even email communication with Ryan. Her good friend assists with the children and contact logistics. Ryan has breached the protection order by turning up at the childrens school and sending abusive emails. Faith reported the breaches to the police, but Ryan was not charged. At no time have the police indicated to Faith that criminal charges would be appropriate in relation to Ryans repeated violence and threats. Faith believes however that the protection order has saved her life as Ryan is afraid of the police. She is beginning to feel stronger and more equipped to face the future now that she is receiving counselling support. She wants nothing to do with Ryan, and would prefer no changes to the current contact arrangements. If there is any contact with Ryan, Faith records it on her phone so she has evidence for the police and the court. The Family Court property matters have been finalised and she has been granted sole ownership of her house. Faith feels very fortunate that her workplace has been supportive throughout her long and traumatic ordeal. She is also grateful for the domestic violence court support service assistance she received, however believes that a greater effort needs to be made to keep victims and perpetrators separate in the court house. She has found the court processes frustrating and lengthy, not helped by Ryans deliberate attempts to delay proceedings. Sometimes Ryan pays around $40 a fortnight towards support for their five children.
Case Study 8
Felicity
Felicity and Jason were in a relationship for two years, during which time they married and began living together. They separated soon after the birth of their only child who was diagnosed with Autism at a young age. Both are university educated and professionally qualified. Felicity now works part time and is studying to gain further qualifications. Jason is in highly-paid employment and is also retraining in another discipline. Their child, and Felicitys two children from a previous marriage, live with Felicity in a house she owns. Jason has one child from a previous marriage; there are shared living and care arrangements in place with the mother, Jasons first wife.
Felicity recalls when she first met Jason that he wasnt a charmer, but intelligent and engaging, quite persistent, and even somewhat deceitful in his interactions with her. She found him interesting, and welcomed a male role model/father figure for her two children who she was pleased readily clicked with his child. While her children would have alternate weekends with their father, Felicity had been mostly sole parenting for some years while working in a demanding full-time job, and she felt they needed more adult support.
Felicity and Jason clashed from the start about parenting styles; Felicity put it down to the challenges associated with blending two families. Jason would often belittle his own child in front of her children, and early in the relationship he hit Felicitys four year old to the ground in the presence of his parents. Felicity told Jason never to touch the child again. Jasons mother, who appeared to Felicity to be overly dominant in Jasons life and their relationship, told her that she must leave Jason to discipline the children as he decided. The mother would ring Felicity daily.
Both Felicity and Jason come from strong religious backgrounds, however Jason insisted that Felicity and her children convert to his faith in preparation for the marriage. Felicity stopped going to the church she and her close extended family attended, and was required to attend Jasons church where she felt uncomfortable and yet Jason and his family put pressure on her to participate. In his early interactions with Felicitys family, Jason was so aggressive and confrontational in his views and behaviour that he alienated Felicity from them. Soon Felicity was no longer seeing or speaking to her family despite living only houses away and the cousins being close in age and friendship. They didnt attend Felicity and Jasons wedding.
Jasons behaviour towards Felicity became more hostile and controlling. On an outing with the children, Felicity fell over in public and hurt herself; Jason laughed while others went to help her. When Jason travelled for work, as he often did, Felicity would ask Jason why he never called to talk with her and the children while he was away; Jason angrily accused her of checking up on him, and dictating when he must report to her. Jasons mother told Felicity not to put demands on him.
On their wedding night, Jason complained to Felicity about every aspect of the day, he threw a drink at her, tore a necklace from her neck, and pushed her up against the wall. A wedding guest witnessed the incident and went to seek help from other guests believing that Jason was about to hit Felicity; they intervened and took Jason away and he didnt return to Felicity for a couple of days.
Further conflict arose around Jasons demands for a child; he argued that Felicity had given another man children, and he was therefore similarly entitled. Despite her hectic work schedule and both being away regularly, Felicity was pregnant within a month of marrying.
When Felicity reprimanded his child for inappropriate comments, Jason held a knife to Felicitys face. She withdrew to another room to diffuse the situation, and refused to comply when he demanded that she eat a meal with them. Jason told her she was
a piece of shit and to get the fuck out of my house by the time he was back from church. At the time, Felicitys children were holidaying with their father. Felicity packed some belongings and left to stay with a girlfriend, then travelled interstate for work; she made no contact with Jason until days later she told him she needed to come home and collect more belongings. Jason lectured her about sabotaging the family by causing trouble and leaving.
Felicity had leased her own house out so it wasnt available to move back into. She tried to talk to Jasons mother about getting Jason to agree to Felicity taking over the lease on their current shared property so that when her children returned from holidays, they would be in familiar, settled surrounds; his mother refused, and told her she had to live with the situation she had caused. Jason told Felicity the relationship didnt need to end; she should have tried to reconcile and now she needed to fix her act up. Jason then left for interstate to see friends. Felicity stayed on at the house as her children were coming home, she was pregnant, and she felt she had no other choices.
Felicity and her sister began having contact again. The sister commented to Felicity that every six weeks Jason would explode, then disappear for a week, then return in good and generous spirits, then the cycle would start over.
Around half way through Felicitys pregnancy, Jason became angry and insistent about wanting a boy. He disappeared for a few days and arrived unexpectedly at the hospital where Felicity was having a scan. When told by the radiographer they were having a boy, he said good and left the hospital. Another argument soon followed about the babys name and christening arrangements. Felicity left to stay with her sister and, when she returned home, Jason threatened to shoot her (he had an unlicensed firearm), he threw her makeup and clothes out the window onto the concrete driveway, and again told her to get out of the house. Felicity managed to get to the car and drive away, then called the police, explaining the circumstances and that she was a government employee. When the police came to the house half an hour later, Jason had gone and Felicitys sister had arrived. The police did not ask for any details about Jason or the incident, they gave Felicity no information about available protections, and, before leaving, simply asked her if shed be right. With assistance from friends, Felicity moved all of her own and childrens belongings out of the house while Jason was absent, sent boxes to friends houses, and went to
stay with her sister. This threw the family into chaos as they didnt have access to what they needed, including the childrens school uniforms. Jason sent her abusive texts accusing her of ruining her childrens lives, and questioning her faith and who she worships.
Felicity and Jason kept their finances separate: he provided the house, and she paid for all other expenses, unaware of his earnings or assets. Some months prior, Jason had pressured Felicity into buying a block of land together that they could develop. When it came time to settle, he claimed he had no money. Felicity solely funded the purchase despite the land being registered in joint names. At that stage, one month from giving birth, Felicity was committed to the mortgage on the land, she had tenants in her own home, and she was facing the prospect of having to pay rent on another house for herself and children.
After a short time apart, Jason sought a meeting with Felicity, broke down tearfully, and promised to go to counselling organised through the church. Felicity said she wouldnt see him again until hed made some progress. Felicity soon agreed to joint counselling, during which Jason promised to change his behaviour towards her and the children. They returned to Jasons house, but only unpacked the bare essentials
as Felicity felt she couldnt trust him. In separate sessions with Felicity, the counsellor alerted her to Jasons cycle of violence, and asked her about safety strategies she had put in place with family and friends.
Just prior to the birth, Felicitys mother came to help with the children as Felicity was stressed, exhausted and experiencing high blood pressure. The mother witnessed an explosive outburst from Jason, and tried to calm him down; Jason pushed her, then apologised immediately claiming he was on edge. The baby had symptoms of distress, and needed to stay in hospital for a few days. Jason wouldnt allow any visitors. In the car on the way home from the hospital, Jason told Felicity she needed to lose weight; another argument ensued and Jason disappeared for a week. When he returned he, once again, yelling abuse, told Felicity to leave. By now accustomed to Jasons behaviour, Felicitys younger child rang her parents to alert them. Felicity locked herself in the bedroom with the baby and younger child for the night, and left the next morning when she heard Jason leave. Once more, friends and family helped her to move their belongings out of the house, for the last time. In the days following, Felicity received around 800 texts from Jason. He claimed that Jesus had appeared before him and told him he should forgive her for leaving him, and that she should be a submissive wife and come back.
Jason pressured Felicity to see the baby, however Felicity declined on the basis that they had no parenting plan in place. Jason threatened to take the baby. They saw a relationship counsellor and agreed on two-hourly contact visits. At changeovers, Jason would taunt Felicity, asking her whether she was happy that shed destroyed the marriage and the family. One evening, Felicitys mother was helping at home while Felicity was out briefly with friends. Jason arrived at the house to deliver back the baby, but angrily refused and drove off; meanwhile, Jasons child witnessed the incident from the back seat of the car. Felicity called the police who initially declined to be involved due to no parenting orders. Felicity had to explain that the baby was at risk of not being fed because the baby was still an infant, allergic to dairy, and breast milk was the only suitable option. She also explained that Jason had previously threatened to kill her and that the police had done nothing to assist or protect her. On this occasion, the police agreed to intervene, retrieved the baby from Jason, and advised Felicity to apply for a protection order, which she promptly did.
Police failed several times to serve Jason at home, so Felicitys mother tried, unsuccessfully, to contact his work for an address. Soon after, Felicity was served with Jasons cross application on the basis that she had threatened him at work and had access to guns through her work. As a result, strict protocols dictated that Felicity be placed on restricted work duties, which she felt humiliating given her seniority, so instead she took annual leave. Her boss made submissions to the court that Felicity was not a risk, had never received a complaint in her work, and Jasons application was vexatious. Eventually, Jason was served with Felicitys application. She engaged a lawyer, and obtained a temporary protection order; a hearing date was set to deal with Felicitys final order and Jasons application. Felicity engaged a solicitor and barrister for the hearing; a final order was granted in her favour, and Jason was found guilty of wilful injury and malicious damage however Felicity is not aware of the sentence he received. The order prevented Jason from coming within 500 metres of Felicity for 2 years; the baby and her children were not named as protected parties. Felicity describes the order as very effective and a great relief as
Jason didnt come near them and they were given a chance to get on with their lives.
Prior to the expiration of the protection order, Felicity applied to the court for an extension. Jason tearfully told the magistrate that he still loved Felicity and that he just wanted to see his child. The magistrate told them to go outside and sort it out because Jason had clearly changed, and in any event it was a matter for the Family Court. The magistrate refused the extension, but told Felicity to come back to the court if there was further violence.
Immediately, Jasons abuse started again, including harassment about seeing the baby, and repeated daily emails making offensive religious references. Felicity needed to sell the jointly-held property as she found the financial burden too great. Jason had lodged multiple child support assessment appeals alleging that Felicity earned a high income and was receiving additional cash through out-of-hours jobs. Jason forced a Centrelink investigation of Felicity, and arranged for her to be put on airport watch claiming she was a flight risk with the baby. Meanwhile, the baby was diagnosed with Autism. Eventually, Felicity had no choice but to give up her career and find employment that allowed her to care for the babys special needs and her other children, although her financial resources were significantly diminished. Jasons claims proved to be false in the child support and Centrelink matters.
Having not had any form of contact with their child for nearly four years, Jason applied for an urgent Family Court hearing to determine 50/50 shared residency on the basis that he was soon to be sent on an interstate posting. On advice, Felicity immediately offered supervised access pending the courts decision. Suspicious of his motivations however, Felicity subpoenaed Jasons employment file and it was revealed that Jason was relying on the application to avoid his posting, and that hed told his employer that the child had been in his part care since infancy. The judge ordered a family report, and a complex process ensued involving assessment of the childs special needs, mediation, Jason contesting medical and health worker professional opinions, and Felicity having to spend significant sums of money on reports relating to the childs Autism and its impact on capacity and quality of life.
Felicity also applied to the Family Court for property settlement to deal with the proceeds from the sale of the jointly-held property, which had increased in value due to subdivision. Jason had received half the profits despite Felicity having paid all costs and outlays. She was therefore claiming reimbursement for her share. In this process, Jason was forced to disclose his salary, which was in the order of $250,000.
In both the Magistrates Court and Family Court, Felicity was subjected to scrutiny as to why she didnt act earlier in response to Jasons abuse. She feels that there was little understanding of the range of issues she had to manage in order to protect herself and her children, care for a newborn and later a child with special needs, maintain her employment, and preserve her financial resources. Felicity has tried to deal with a range of matters with Jasonprotection order application, child support appeals, Family Court property and parenting applicationsand each time, she believes he has obfuscated the process and caused her to erode her resources. In later proceedings, she could no longer afford legal representation, and was forced to prepare for and conduct the matters on her own behalf.
Felicity is now only able to work part-time due the childs Autism, however she is studying to gain a further professional qualification and eventually wants to work in an area she feels she can make a contribution, having given up her former profession which she loved. She expects that Jason will continue his abusive behaviour through the court system while the parenting and property matters remain unresolved.
Case Study 9
Fiona
Fiona and Tony were married and lived together for 25 years. Fiona was an early teenager when they met; Tony a number of years older. Fiona had not finished high school when she became pregnant with their first child. They now have two adult children: both of whom are employed and live independently; for some time after the separation one of the children lived with Tony and was estranged from Fiona. Tony has a criminal history relating to property crime. Tony was previously employed in a trade, and operated a related business using equipment jointly owned with Fiona. The business ceased operation some years ago, and Tony hasnt worked since. Tony has been a regular illicit drug user since a teenager. On leaving school, and when the children were young, Fiona acquired vocational qualifications and was employed in a well-respected, though modestly remunerated position, which she held throughout the relationship and continues in now.
From the start of the relationship, Tony was violent and abusive towards Fiona. He would accuse Fiona of showing interest in other boys, and struck and verbally abused her as punishment. Fiona recalls over many years being routinely smacked across the nose and face, punched in the stomach, and pushed into walls; and having her hair pulled and fingers bent back. Today, Fiona has a crooked nose and fingers. Tony would repeatedly tell Fiona that: she was a fat, ugly, dumb slut; she should cover herself up because fat people should never be seen in public; she was no good and would never do any better than him; and he needed to take drugs to cope with her. If she didnt rub his back in bed, she was forced to sleep elsewhere. Sex occurred when Tony demanded it, and would often follow time spent in the outdoor shed where Tony watched pornography and bestiality videos alone. Fiona describes their sexual relations as non-consensual; she complied with Tonys demands to avoid the prospect of anything worse. For a long time, Fiona never alerted family, friends, or police to the habitual violence she was subjected to during the relationship. She dressed so as to cover her bruises (and because she had been made to feel so ashamed of her body); and when that wasnt possible, she gave another explanation for her injuries. She made sure that her outward demeanour did not betray her suffering; however she believes that a couple of people close to her probably knew or suspected.
Fiona says that, while the violence and abuse were a constant, it was Tonys relentless control of herand attempts to control herthat characterised his behaviour towards her throughout the relationship, and during and after separation, to the present. If his clothes werent folded or his lunch wasnt made, he would refuse to go to work, and Fiona would be made to call his workplace and explain his absence. If he was driving the car and had an accident or got a speeding ticket, it was Fionas fault. If Fiona went out with friends, he would ring her repeatedly demanding to know where she was and when shed be home. At times, he would make her come home and do a job around the house that he refused to do. At night, he would turn up the volume on the stereo so she couldnt sleep. Tony made no effort to help with child rearing, cooking, washing, cleaning, or mowing, and took no interest in the childrens sporting or other activities. Fiona took care of all of these things while being employed full time. Tony was jealous of Fionas good relationship with her work colleagues, and installed equipment in her car to record her conversations with a colleague she drove to and from work. He threatened to come to Fionas workplace and tell people what she was really like; he never did. On her birthday once, Tony deflated her car tyres.
In the early years, Tony would contribute a weekly amount to the mortgage repayments and household expenses, however over time he stopped these payments, and Fiona took on all joint financial responsibilities funding them from her wage. She never went on a holiday. When Tony stopped working, Fiona never knew what he did or where he went. She would come home from work and often find him in bed, and then he would leave the house late at night, refusing to tell her where he was going, saying he needed to get money, notwithstanding that she regularly gave him money. When their business ceased operation, Tony sold the equipment and other assets and took the money without accounting to Fiona; she believes that her share was in the order of tens of thousands of dollars. Their marital property was damaged and they received an insurance payout. Tony spent the funds without reference to Fiona, and the damage was never repaired.
While they were together, Fiona believed she had no choice other than to acquiesce to Tonys behaviour and demands, or risk further and more serious violence and abuse. She felt it was better to cop it and get on with things than have situations deteriorate. The children were frequently exposed to Tonys treatment of Fiona; she feels it became somewhat normal for them, especially for her older child who often shielded the younger one.
One evening Fiona found she could no longer tolerate the violence and abuse. Tony had locked her out of the house, and she was forced to sleep at the neighbours house. Neighbours were supportive of her, but knew little of her circumstances because she had not disclosed. One of the neighbours family members, who she considers a friend, told her that she had to do something to address the situation. Fiona felt this was a turning point for her, giving her the strength and resolve to act. Fiona applied for a protection order, however after assurances from Tony that he had changed, she agreed to withdraw it. His behaviour immediately escalated; they separated, and continued living under the one roof. During this time, Tony would not allow her to lock her bedroom door, and she discovered that hed set up hidden cameras in the bedroom that he monitored via equipment secretly installed underneath the house. Fiona successfully reapplied for an order, including a condition excluding him from the home. Her lawyer advised her to start keeping a record of Tonys behaviour, which she has diligently maintained since.
Initially Fiona obtained a temporary protection order (including the exclusion condition) against Tony, which was served on him, and he was aware of the conditions. In response both Tony and their adult child who lived with him at that stage brought applications for protection orders against Fiona based on, what Fiona describes as, gross, disgusting and untruthful claims; both applications were dismissed by the court.
Tony was charged and bailed on charges relating to breaking and entering the marital property, and stealing items. Fiona believes that the adult child was complicit. These charges did not go ahead.
Police advised Fiona that the final hearing of her protection order application had to be deferred so that other criminal allegations against Tony could be finalised. Those allegations related to Tony stalking Fiona based on his parking and waiting in the car near her workplace and home (neighbours and work colleagues are witnesses); following her on the roads; sending her repeated offensive texts; and tracking her on a dating website using false personas.
In the interim Fiona reported to police multiple breaches by Tony of the temporary protection order, some of which involved the behaviour already described, others involved Tony coming onto the marital property and stealing further items, and humiliating and denigrating Fiona on Facebook.
The police ultimately charged Tony with stalking. He pleaded guilty and in sentencing him the court ordered that Tony be placed on a five year restraining order. A final protection order was also made for two years.
The marital property was sold, subject to Family Court orders. Fiona moved out of the property some time ago as she was too terrified to continue living there; it is in an isolated location. Fiona has a new partner with whom she now lives. They have installed a security system on their property, and whenever she is alone, she stays inside and locks the doors. She doesnt believe Tony is aware of the propertys location. She is constantly vigilant about changing the routes she takes to work and the shops, and she avoids going to places she knows Tony frequents. She knows that Tony watches her and the new partner when they are in town together. In the past, Tony threatened to cut the brake lines on her car, burn the house down, kill her and leave her body in a barrel. She suspects that Tony had previously accessed her car and installed a GPS; she is having it investigated. Fiona believes that her fears are well justified; she is also scared for her new partners safety.
Fiona engaged a lawyer for the protection order and property matters. The legal fees have been very costly, and continue to accrue while these matters remain unresolved. Tonys vexatious cross applications and deliberate delays in agreeing to property arrangements significantly increased Fionas legal fees. Despite Fionas disproportionate contributions and the violence and abuse she has experienced, Fiona and Tony were each entitled to 50% of the proceeds of sale of the marital property. Fionas share was almost entirely consumed by legal fees. Following the property orders, the Federal Circuit Court Magistrate had allowed Tony to enter the property and remove the items he was entitled to; he took the opportunity to steal other items as well. When Fiona lodged a complaint with police, they told her it was a civil matter, and they couldnt assist. While Fiona believes that her lawyer is a good person and supportive of her case, she feels that he could have fought harder in seeking the legal redress and protection she needed as a result of Tonys prolonged violence and abuse.
Fiona has often felt frustrated by her involvement with police. She describes their responses as variable: at times, alert, supportive and effective; other times, uninterested, even irritated by her repeated complaints. On one occasion when Fiona had reported a breach, they told her it would be 24 hours before officers could attend the property. She suspects that she doesnt fit the usual victim stereotype of feeble, frightened, and crying, and that police and magistrates may have regarded her differently as a consequence. Fiona has dealt with multiple police officers at a number of different police stations. She feels that with complicated matters like hers, victims/complainants should be assigned a single responsible officer who coordinates the police responses, rather than having to recount the facts and circumstances over and again. On one occasion a well-intentioned officer told Fiona she should move interstate and start a new life. Fiona feels adamant that she should not have to be the one who disrupts her life, work and relationships and is further punished for Tonys violence and abuse.
Case Study 10
Francis
Francis and Mark were together for 23 years. Francis has been significantly hearing impaired since birth and wears hearing aids. She grew up in a loving but strict family environment, and met Mark when she was still a teenager, having had little experience with intimate relationships or independent living. They both completed year 10. Francis has limited TAFE qualifications and has worked periodically throughout the relationship when her child rearing responsibilities permitted; Mark ran his own one-man business for a time. For a number of years their income was derived predominantly from social security benefits. Mark has a history of misuse of alcohol and drugs, however Francis observed that he had developed ways of minimising its influence. The couple has three children at separation.
Mark began controlling and demeaning Francis early in the relationship. He became verbally abusive and aggressive when she was planning to go out with friends, he called her a slut, and would punch the walls or doors or damage household goods. Francis says she would pay for [her outings] for a long, long time after. While Francis had few friends and had moved away from her home city and family to be with Mark, over time she decided a night out wasnt worth the humiliation and fear. And yet these things came to characterise her experience of the relationship over many years and were made worse by a pervading feeling of insecurity due to her poor hearing. She describes crying every day, despairing at her situation.
Francis had thought often about leaving the relationship, and would at times tell Mark that she wanted it to end, however Mark would express remorse for his behaviour and plead with her to stay. Francis says her main reason for continuing in the relationship was a growing fear of what Mark may do if she were to take steps to get away. It was also the reason Francis denied the occurrence of domestic and family violence to family, friends and police for so long. Mark became more violent towards Francis once they began having children. His abuse would always build from a verbal rage to wanton household property damage that would sometimes result in physical injury to Francis. This was the repeating pattern, and for Francis the occasions were too numerous to fully recount. There were however some incidents that were so concerning to neighbours that they called the police, but Francis felt too frightened to disclose the details of the violence knowing that Mark was nearby and likely to retaliate. Instead, she made up an account to shield the reality of the violence. Francis recalls that one night she locked herself and the children in the bathroom, and Mark punched the door in and smeared blood across the wall, in a rage about having to cook dinner.
Francis told police Mark had thrown a saucepan and didnt show them the blood or damage to the bathroom; she had tried to ring Marks parents but couldnt go ahead with the call because she was worried her voice may be too loud and Mark would hear her. Police offered Francis little or no opportunity to make a proper statement and blamed her for fighting with Mark in front of the children.
On another occasion, when the couple was out with the children, Mark and his friends tried to pressure Francis into taking drugs, which she had never done or been prone to. Mark began calling her names, and on the way home he smashed the car interior while Francis drove. Once home, Mark damaged the guard at the front of the car and punched the laundry wall so violently he broke his hand. The following day Francis told him she would leave, but he pleaded with her not to and promised a special holiday, which never happened.
Not long after, Mark was arrested on charges unrelated to violence at home, of which he was later convicted. Although he avoided imprisonment, Francis believes, to some extent this was due to a favourable reference she felt she was pressured by Mark and his lawyer to provide to the court. Due to the nature of the charges Francis changed to part-time work so she could be with the children outside school and day-care hours, and continued to put up with Marks violence and abuse. Later, Mark was charged with another serious offence. Pending his trial, a child protection order issued requiring that Mark move out of the family home and that he have no contact with the children for several months. Mark reacted angrily to these conditions, repeatedly demanding to see the children and continuing the violence.
Following another violent incident that involved Mark hitting one of the children, Francis told Mark to leave the holiday house the family were renting and get counselling. Initially, Mark complied. Four months later, after he was acquitted, he returned to the family home at midnight without Franciss consent, attacked Francis, and tried to throw her off the upper storey of the house when their young son physically intervened. Francis threatened to call the police but Mark pursued her around the house while the youngest child became more and more distressed. By this stage, Francis could see that the two older children were profoundly affected by their long exposure to the violence. Francis also discovered that Mark had access to a gun, and he began making threats to shoot her and a police officer.
After confiding in a friend and her local doctor, Francis decided to apply for a protection order, and for Legal Aid to assist with the application. Appearing to give little weight to the long history of violence and abuse, the magistrate declined to include an exclusion order. However, after further submissions by her solicitor, Francis did manage to secure a temporary order with the minimum condition that Mark be of good behaviour and not commit domestic and family violence. Francis believed this was of little or no protection to her and the children, and was terrified that service of the order would precipitate further violence by Mark.
Following advice from police, and with the assistance of a local service, Francis and the children were immediately resettled at a shelter. Multiple adjournments (at Marks request) occurred before Francis obtained a two-year final protection order. Marks ongoing harassment of her parents about access to the children and car resulted in Francis having to reapply for Legal Aid to seek a variation of the order to include her parents as protected parties. This process took months longer because Mark evaded service.
The current protection order prohibits Mark from having contact with the children until a Family Court order is in place stipulating the terms of any contact. At this stage, the children have told Francis they dont want to see their father. Francis has begun talking with her Legal Aid solicitor about a Family Court application. Francis acknowledges that she did not disclose the domestic and family violence to police on a number of occasions, but feels her fears and perceptions of future risk of harm were justified. She believes police did not provide her with a safe and receptive opportunity to give her account of the violence. Francis also observed the difference in attitude of the magistrate who failed to recognise the nature of Marks violence, and the magistrate who demonstrated an understanding of her circumstances and its impacts.