Women survivors' experiences of legal responses to domestic violence : therapeutic possibilities?

Abstract

This thesis is based on 28 in-depth focussed interviews with women survivors of domestic violence which explored their perceptions and experiences of legal responses to domestic violence. The interviews were conducted and analysed using the theoretical framework and methods of Grounded Theory and feminist perspectives.

The research examines women's different 'pathways' through 'domestic violence law', including the criminal, civil and family law systems. Recent legal reforms focus on responding to domestic violence as a crime, holding perpetrators accountable, changing their behaviour and protecting 'victims'. In focussing on these aspects of 'domestic violence law' we miss crucial aspects of the meaning of law in survivors' lives. For the women in this research legal responses were part of breaking the silence surrounding domestic violence, seeking 'connections' with others, establishing power in the violent relationship and creating a new life apart from the perpetrator. Women's experiences reveal that, generally, legal responses failed to recognise these needs or to respond to the complex emotional journeys of surviving domestic violence. Legal responses also tended to silence, exclude and disempower women.

This thesis argues that there are 'therapeutic possibilities' for legal responses that 'heal' and 'serve' survivors of domestic violence. It is argued that we need to develop an understanding of the role of emotion in legal responses and in experiences of domestic violence and that empathy should be valued as central to legal practice. The thesis also argues that law should develop opportunities for empowering women at an individual and collective level.

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