Dissertation in Family Law submitted to the School of Law, University of Canterbury for LAWS 685.

This dissertation investigates the efficacy of the Domestic Violence Act (1995), the aim of which is to reduce and prevent violence in domestic relationships. The objectives of the research were twofold. The first objective was to conduct quantitative research to assess the impact of the Act in the Christchurch Family Court on applications for protection orders and the outcome of these applications. The second objective was to address areas of concern where research findings could help Family Court staff to address particular concerns they had regarding applications for protection orders. A sample of 208 applications for protection orders, made to the Christchurch Family Court between 1 January to 30 September 1997, were gathered for analysis. Data was collected from an examination of the affidavits filed by the applicants in support of an application for a protection order; notices and affidavits filed by respondents to defend the making of a final protection order; information sheets; judges' notes; and Court orders. The results of the study show that almost all applicants for protection orders were women and of European descent. Just over half (58.2%) had previously reported their respondent's domestic violence and/or harassment towards them to police on at least one occasion prior to making their application. In 62% of the cases the abuse had been occurring for years (mean of 4.5 years) and the analysis of the affidavits showed that the major grounds for applications were alleged psychological and physical abuse. Abuse also occurred in front of children (14.4% witnessed physical abuse and 28.1% witnessed psychological abuse). Children were also subjected to physical abuse (18%) and psychological abuse (14.4%). The majority of applicants for protection orders obtained a protection order. Where applicants who applied to have their proceedings withdrawn were compared with those who did not, there was a significant difference by type of application (on notice and without notice), and whether the respondent gave notice to defend the making of a protection order. The author provides a number of recommendations for improving domestic violence practice and concludes with some suggestions for further research.