A Culture of Consent: Legal Practitioners’ Experiences of Representing Women Who Have Been Misidentified as Predominant Aggressors on Family Violence Intervention Orders in Victoria, Australia

Abstract

There is currently unprecedented attention in Australia on the misidentification of women victim-survivors as family violence ‘predominant aggressors’—this focus has largely been oriented towards the role of the police. Less research has considered court responses to misidentification and specifically, the role that legal practitioners play in recognising and responding to clients who have been misidentified. This article addresses this key gap in the literature through an exploration of 18 legal practitioners’ experiences of representing misidentified clients in the civil protection order system in the Australian state of Victoria. The findings suggest that legal practitioners face a number of challenges when representing clients who have been misidentified and that the magistrates’ courts are ill-equipped to respond to misidentification. As a consequence, a culture of respondents consenting to orders that should never have been made against them is maintained. This article calls for a greater focus on the role that the courts can play in providing a ‘safety net’ for victim-survivors who have been misidentified.

Legal Practitioners' Views on the Effectiveness of Virtual Courts

“…The experiences of legal practitioners in representing vulnerable populations, particularly women misidentified as predominant aggressors in family violence cases, highlight the critical role of effective legal representation in virtual courts. These findings align with Reeves (2023), underscoring the need for virtual court systems to be designed and operated in ways that safeguard the rights and interests of vulnerable groups, ensuring that justice is both done and seen to be done (Reeves, 2023). The themes of presence and participation in virtual courts, explored in our study, find parallels in the work of Rossner and Tait (2021) (Rossner & Tait, 2021).…”

“…The experiences of legal practitioners, particularly in representing vulnerable populations, provide essential perspectives on the functioning of the judicial system. Reeves (2023) discusses the experiences of legal practitioners representing women misidentified as predominant aggressors in family violence cases, emphasizing the critical role of legal representation in ensuring justice and fairness. The virtual court setting poses unique challenges and opportunities for legal practitioners in advocating for and protecting the rights of vulnerable populations, necessitating a nuanced understanding of these dynamics (Reeves, 2023).…”

“…Reeves (2023) discusses the experiences of legal practitioners representing women misidentified as predominant aggressors in family violence cases, emphasizing the critical role of legal representation in ensuring justice and fairness. The virtual court setting poses unique challenges and opportunities for legal practitioners in advocating for and protecting the rights of vulnerable populations, necessitating a nuanced understanding of these dynamics (Reeves, 2023). The transition to virtual courts represents a pivotal moment in the evolution of the judicial system.…”