find the latest legal job
Corporate/Commercial Lawyers (2-5 years PAE)
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Specialist commercial law firm · Long-term career progression
View details
Graduate Lawyer / Up to 1.5 yr PAE Lawyer
Category: Personal Injury Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Mentoring Opportunity in Regional QLD · Personal Injury Law
View details
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
Protection order enforcement is a job for the community

Protection order enforcement is a job for the community

Mareva Betham-Annandale, Law Society of Samoa

Samoa has only recently introduced protection orders for domestic violence cases, but they have a creative and effective way of enforcing them that Australia doesn't, according to a Samoan lawyer.

The Samoa Law Society president, Mareva Betham-Annandale (pictured), spoke at the South Pacific Lawyers' Association Conference last week about domestic violence and, in particular, protection orders.

Samoa only introduced protection orders two years ago, but the way they enforce them is different to Australia, which has proven to be very effective, according to Ms Betham-Annandale.

“I know Australia has had in place protection orders for a very long time, whereas in Samoa we've only had restraining orders, which is similar to a protection order, but it doesn't include the different members of the extended family affected by the domestic violence altercation,” she said.

“So we made protection orders available under the Family Safety Act 2013 for all types of domestic relationships, and I'm sure we're similar in that respect to Australia; but in terms of the implementation, our view is that we have a community that assists greatly in the implementation and the enforcement of the protection orders.”

Beyond the usual conditions of a protection order, in Samoa they have a condition that the perpetrator isn't allowed to go to the victim's village and members of the community have the authority to report the perpetrator if they see them there.

“In Samoa, the family and the community are the key players in enforcing and monitoring the enforcement of the protection orders.”

She continued: “I am aware of the recent incident which resulted in murder earlier this month in Australia, where there was a protection order in place but, because there’s no one out monitoring that protection order, the consequence was fatal for the victim.”

Ms Betham-Annandale said that Samoa does struggle, however, to get lawyers on board to provide their services to family and domestic violence cases.

“The reality is, a law firm is a business, and often domestic violence cases or family cases are not really the type of cases that many lawyers take up.”

She added: “We do have in our family court a list of certain lawyers who provide services, often on pro bono basis, and legal services to the family, the victims and the perpetrators, so the challenge is to invite the broader Law Society members to take up pro bono cases, especially in relation to family matters and domestic violence.”

Like this story? Subscribe to our free newsletter and receive Lawyers Weekly every day straight to your inbox.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Protection order enforcement is a job for the community
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Scales of Justice
Dec 15 2017
Timing ‘critical’ in unusual contempt of court ruling
A recent case could have interesting implications for contempt of court rulings, according to a Ferr...
Dec 14 2017
International arbitration and business culture
Promoted by Maxwell Chambers. This article discusses the impact of international arbitration on t...
Papua New Guinea flag
Dec 14 2017
World-first mining case launched in PNG
Citizens of Papua New Guinea have launched landmark legal proceedings against the country’s govern...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...