Human Service Workers and the Law Samples †MyAssignmenthelp.com

Question: Discuss about the Human Service Workers and the Law. Answer: Introduction In this report, the case history of Tracey will be discussed from a legal perspective. In lieu of the case involving Tracey as a domestic violence victim along with her children as the passive victims of the assault has been elaborated in this report. Following a brief case synopsis, the case laws applicable in such instances will be discussed. Correspondingly, the intervention programs, the roles played by the human service workers and the social as well as ethical issues concerning domestic violence will be explored. Case Synopsis The case involving Tracey depicts a classic example of domestic violence, mostly observed within the society. Following an overnight brawl between the Brown couple, Mrs. Tracey Brown lodged a police complaint against her husband, charging intimidation and physical assault. He was immediately arrested by the police through an intervention order. Although, Mr. Brown was allowed a bail, he was restricted from visiting Tracey and their children at their home, owing to the police intervention orders. He was also barred from visiting any other family members within 50 meters of their school or working areas to ensure their complete protection from the offender. The case facts reveal Tracey reporting that her husband had been a control freak always to her neighbor, apparently depicting the possibility of a behavioral trait that could provoke a person to commit physical assault. Not only was Mr. Brown violent with Tracey, he also showed signs of violence towards the children during the argum ents. Notably, it was in order to save the children that Tracey had to suffer an injury in her arm and on her face, which needed medical attention. She was also mentally depressed due to the growing friction with her husband and because of her concern over her childrens safety. It was thus that she had her mother take away the children, while she stayed at their residence (YouTube, 2012). Identification In the Australian context, victims of domestic violence are allowed to file a case for immediate police intervention order, which is intended to protect the one assaulted and the family witnessing the passive effects of the violence. For instance, in the case of Tracey, she had the right to call for a police intervention order, which would help to protect herself from any further assault by her husband as well as to protect her children from the trauma. The intervention order can include restriction for the offender to be present within a defined area that would otherwise allow him to be close to the victim, thereby risking the possibility of another assault in the course. This includes the workplace of the partner, the family home or the residence as well as the school premises of the children, which is also observable in the case of Tracey. The offenders are also restrained from calling the victims or making any contact with them by other possible means. Stalking is also prevented through the application of the police intervention orders, in keeping with the protection needed by the victim and the children of the offender of domestic violence (YouTube, 2012). The intervention orders are allowed to the victims of domestic violence through court orders or through a police complaint. On issuing the order through police interim intervention orders, the investigating officers will assess the degree of risks that the victim is facing from his/her assaulter. If children are involved, their well-being will also be scrutinized in the presence of the offender. In doing so, the police officers may want detailed information of the assault, recording if it was a physical assault that required medical attention, as was witnessed in the case of Tracey. These details are likely to have an impact on the case, when produced in court to testify the degree of offense and correspondingly, follow up with the charges applicable against the offender. The police interim intervention order includes the formality of summoning the offender at the court, at a notified time to let the magistrate take decisions on the further continuation of the order. The magistrate i n the family court may extend the application of the order by making it permanent or cancel the order if needed. To obtain a court intervention order, the victim must visit the police station or the police prosecutor can lodge a complaint and subsequently be present at the court to obtain permission on the intervention order. This will then be applied to the offender with the help of the local police station (South Australia Police, 2017). On a comparative note, police served intervention orders are ensured to take immediate action by the police officer handing over the order to the assaulter. On the other hand, if a court issues an intervention order, it does not become effective until it is handed over to the offender personally by the police officer in charge. After the formality is completed, the victim is notified though. Initially, three copies of the order are served to the victim, allowing them to increase the count of the copies to as many as required. Notably, this order, when enforced, is by no means allowed to be breached by the defender, as it is considered to be an offense and is legally binding. In case, if the breaches are identified, it must be immediately reported to the police, so that necessary actions can be taken to protect the family (South Australia Police, n.d.). The offender does have the right to counter the intervention order in court, which is when they may be granted a counter order depend ing on the situation and the available facts in hand (South Australia Police, 2017). Intervention As witnessed in the case of Tracey, the court summoned the offender through the standard procedure of applying a police intervention order to brief him about his rights and obligations. In this context, the presence of the victim is not mandatory within the courtroom, following the submission of an affidavit from her. According to the magistrate court, Mr. Brown, the accused in this case, could give his consent to the intervention order. Following this particular procedure, he will be restrained from changing the order within the duration of at least 1 year. During this period, he can avail to the domestic violence prevention program, as a correction measure to withdraw from getting involved into assaults in future with his family. Besides domestic violence, Mr. Brown was also charged with assault, which applies to three-week period (YouTube, 2012). The application of the intervention order also corresponds to various other issues, such as tenancy issues and the problems concerning childcare in a milieu involving both the parents engaged in domestic violence. To be noted in this regard, these issues do not necessarily apply to the magistrate court in connection with the intervention order forced by either the court or the police. In addition, it must be sorted under legal supervision in the family court. However, in the case of domestic abuse and assault, the victim receives the benefit to legally request the transfer of possession of the family property partially from the court. In addition, the case also reveals that in case the offender needs to the visit the home or be within the vicinity of the victims, he/she will need to contact the police and fix an appointment at a suitable time. In the court hearing, the domestic violence prevention program was also briefly elaborated, which allows the inmates to discuss the problems a long with the correction measures to avoid such instances in future. On finding suitable and healthy changes between the inmates or the partners, the court may withdraw the intervention order. Nonetheless, in case the offender intends to contest the accusation against them, a lawsuit needs to be filed in the family court (YouTube, 2012). Role of Human Service Worker (Social Work Roles, Knowledge along with Skills) The functionalities of the social workers in domestic violence cases are non-negligible. Most of the social working agendas currently practiced in the global arena, are focused on the correction of the offending husbands. Thus, it offers shelter as well as healing services for the assaulted wives, with visions influenced by feminist thoughts and considerations (Belshaku, 2016). Overall, under such circumstances social works are performed with the sole intention to ensure the well-being of the society and the individuals within the community, taking into consideration the principles of social equality and justice. It is thus that cases involving domestic violence mandatorily seek the interventions of social workers for counseling services in most common occurrences and to offer a shelter to the victim (Australian Association of Social Workers, 2012). Concerning the case of Tracey, on referring to the execution of the domestic violence prevention program, the magistrate indicated towar ds the crucial roles to be played by the social workers for assisting Mr. Brown. This can help him to progress, understand his obligations towards the well-being, protection and liberty rights of his family members, including the children and Tracey, indicating the significance of such interventions. In accordance, the social workers need to possess certain skills and abilities that would allow them to perform their tasks efficiently to achieve the ultimate goals. At the onset, the social workers need to have sufficient understanding of the type and conduct of domestic violence. This enables them to re-account the standard procedures of operations under such circumstances. It is thus that they need to go through a rigorous training process to handle pressure situations, differentiating between their personal and professional lives. It implies that the social workers should be able to exclude their personal views, beliefs, sexual orientations and personal relationships from influencing their response to domestic violence cases, either with the offender or with the victim. Besides, they also need to ensure that the children involved in the case are provided shelter at a safe place, where they would not be affected by the ongoing tension between their parents. Social workers are bel ieved to be able to develop a better interaction with the family members, through their communication and counseling skills, allowing them to implement different psychological approaches to develop better relationship among the family members. They may in this regard, encourage the parents to share their childrens view in order to better relate with them, understand them and gradually develop a sympathetic feeling towards others (Cournoyer, 2010). Social Justice and Ethical Issues Domestic violence has been a long-standing issue in the society. While traditionally, it was assumed as a part of the private family life involving the partners or the inmates. At present, the term domestic violence has a wider and precise relevance to the overall societal structure and well-being. Domestic violence has a rather paradoxical explanation to it presently. This is more concentrated and diversified at the same time, as it is mostly applied to physical/sexual abuse, threats as well as application of force by one partner to another, while it also mostly emphasizes the victimization of women in the society (Walby Allen, 2004). It involves various social justice and ethical issues, as it strictly inhibits the basic human rights of the victim. Considering that most of the domestic violence cases involve women and children as victims, it depicts the negative effects of patriarchy in the society by a substantial extent. It sets the parameters of inequality within the society, w hich leads to issues concerning social justice within the community (Kelmendi, 2013). Simultaneously, when involving children as the witnesses, studies have revealed that domestic violence also exposes them to greater risks of behavioral and emotional consequences, raising ethical concerns as well. According to Paavilainen, Lepisto Flinck (2014), domestic violence involves various ethical issues in terms of guilt, human suffering, disgust as well as the possibilities of criminal aspects. It also raises concerns of social justice being perceived as a private issue to the intimate partners that is often secluded from being revealed to the outer world and thereby, restraining the scope to resolving the problem. Concerning these issues, various legal as well as social measures have been taken into consideration. This is mostly to restrict such problems from causing immense and long lasting negative impacts on the community at large. As the well-being of the youth and children are also associated with the issues related with the occurrence of domestic violence, it becomes essential for the social workers to settle with a solution as early as possible. This is to assist the family to gain their health back (verlien, 2010). At often circumstances, the social workers might have to witness issues concerning their conflict of interests. This includes the custody of the children as well as other legal aspects, when a restraining order has been placed either by the court or by the police, making them seek for necessary assistance from thelaw enforcers. Hence, they must have the understanding of the legal processes and the rights of their clients involved in domestic violence (Mehrotra, Kimball Wahab, 2016). Conclusion Domestic violence, although may be perceived as a private issue of a family, it has a long lasting impact on the overall well-being of the society at large. Cases involving children was observed in the context of Traceys story. The ethical and social issues increase, as under such circumstances it concerns the mental health of the children as well. With regards to Tracey, it can further be noted that her human rights as well as her basic rights to well-being were severely inhibited due to the domestic violence involving her and her husband. Nonetheless, various protectionlaws and correction measures have been enforced by the jurisdiction of the country, in association with the social workers functioning in the domain, to deal with pressure situations as in the case of Tracey. However, it is also important that the community people are aware of these measures taken by the government and are able to seek help, when necessary from the righteous medium. This is mostly to deal with the si tuation to protect themselves as well as their children from a potential harm. References Australian Association of Social Workers, 2012, Domestic and Family Violence Position Paper, Document, viewed 21 September 2017, https://www.aasw.asn.au/document/item/2214. Belshaku, S, 2016, Role of Social worker in national center for victims of domestic violence, European Scientific Journal, vol. 12, no. 23, pp. 199-208. Cournoyer, B, R, 2010, The Social Work Skills Workbook, Cengage Learning, Sydney. Kelmendi, K, 2013, Violence against Women: Methodological and Ethical Issues, Psychology, vol. 4, no. 07, pp. 559-565. Mehrotra, G, R, Kimball, E, Wahab, S, 2016, The Braid that Binds Us: The Impact of Neoliberalism, Criminalization, and Professionalization on Domestic Violence Work, Journal of Women and Social Work, vol. 31, no. 2, pp. 153-163. verlien, C, 2010, Children Exposed to Domestic Violence: Conclusions from the Literature and Challenges Ahead, Journal of Social Work, vol. 10, no. 1, pp. 80-97. Paavilainen, E, Lepist, S, Flinck, A, 2014. Ethical Issues in Family Violence Research In Healthcare Settings, Nursing Ethics, vol. 21, no. 1, pp. 43-52. South Australia Police, 2017, Intervention orders, Your Safety, viewed 21 September 2017, https://www.police.sa.gov.au/your-safety/intervention-orders. South Australia Police, No Date, Information about Intervention Orders, Corporate Communication Branch, viewed 21 September 2017, https://www.police.sa.gov.au/__data/assets/pdf_file/0015/2616/restraining_orders_english.pdf. Walby, S, Allen, J, 2004, Domestic Violence, Sexual Assault and Stalking: Findings from the British Crime Survey, Home Office, viewed 21 September 2017, https://eprints.lancs.ac.uk/3515/1/Domesticviolencefindings_2004_5BritishCrimeSurvey276.pdf. YouTube, 2012, Intervention Orders Applications - Stop the Violence, Courts Admin Authority, viewed 21 September 2017, https://www.youtube.com/watch?v=j1C7HXULcNY.