Our research on adolescent family violence, which includes an anonymous open survey of those affected, reveals a wide range of abusive behaviours. These go far beyond physical violence and include coercive and controlling behaviors, property damage, and economic abuse. Recognizing the complex needs of youth who use family violence suggests that while domestic violence committed in any context cannot be excused, it is necessary to address it, to the extent possible – outside the criminal justice system. In another case (Case 5), a young non-Aboriginal man committed serious violent crimes against his former partner. There had been an argument and he had held a pillow over her face, handed her a knife to her throat and beat her. He was placed on probation for 12 months, with the condition of participating in an anger management course and a specific VF intervention program. An FVP order had also been issued that protected his girlfriend and named his mother as another protected person, but the notes showed that the mother had asked to lift that order because she wanted her son to continue living with her. Research has consistently shown that the less interaction young people have with the criminal justice system, including the police, the better the outcomes in terms of relapses (Douglas and Walsh, 2018; McAra & McVie, 2010). However, when it comes to AFVs and ADVs, it is crucial to ensure the safety of victims. Interventions should be aimed at ensuring the safety of household members, including all other children present. In the context of the AFV, reconciliation is often desired (Douglas & Walsh, 2018; Fitz-Gibbon et al., 2021). The literature on successful INTERVENTIONS in the AFV program suggests that restoring relationships, reducing domestic stress, and changing attitudes toward violence are important to address offensive behaviour (Burck, 2021). Even in ADV situations, interventions that take a trauma-informed approach to improving relationships have been shown to be effective (Moulds, Day et al., 2019; Moulds, Malvaso, et al., 2019: 14-15).

The Victoria Royal Commission on Family Violence noted that there is limited understanding of youth family violence among specialists in family violence, youth and family services, and the justice system. Adolescent domestic violence has an impact on both of these areas. However, it has been the subject of limited investigation. Data from the Melbourne Juvenile Court shows that between July 2011 and June 2016, 6,228 applications for domestic violence intervention orders were made if the defendant was 17 years of age or younger. There were 4,379 cases involving a male adolescent and 1,849 cases involving a female adolescent. The criminal response to domestic violence and child dating is little investigated in Australia. The objective of this study was to examine the charges and penalties that youth face when they commit violence against family members or intimate partners and to better understand the personal circumstances of these youth, including whether they have been diagnosed with mental illness, have a criminal history, and have been subject to child protection measures. We conducted a two-stage study that analyzed unpublished statistical data and case files from the Queensland Department of Juvenile Justice in Australia. We found that the most commonly charged crime was the violation of a domestic violence protection order related to youth dating violence. We found that many of the youth charged with violent youth related to the juvenile family and dating faced significant challenges and that Aboriginal youth were significantly over-represented in domestic violence charges, particularly for violating a domestic violence protection order.

While criminal law responses are unusual in contexts of violence between parents, children and siblings, domestic violence protection orders are overused in response to violence in child dating. Such orders, if violated, lead to the criminalization of the minor. Resources should be diverted from the criminal justice system to community-based, location-based initiatives that address the causes of crime and incarceration. Our research aims to contribute to the indispensable knowledge of the nature, extent and impact of juvenile domestic violence. Across Australia, there is a need to better understand this complex form of domestic violence and to develop expertise and inter-agency responses. Our research shows that families who have experienced and work in child domestic violence feel that the criminal justice system is inadequate. Many of the files contained information about the youth`s mental health and often several mental health issues were identified. Just over half of the youth (16 of the 30 files) had mental health issues, including four of the 13 Aboriginal youth. The most common mental or psychological impairments identified in all files were depression (n=7), psychosis (n=5), ADHD (n=5), ASD (n=5), self-injury (cut) (n=5), and anxiety (n=4). Twelve of the youth had had suicidal thoughts and attempts, and one file was closed because the minor had committed suicide at the age of 17 (file 22). Four of the youth had mental disabilities, including one who had been diagnosed with Fetal Alcohol Spectrum Disorder.

In addition, many young men had experienced traumatic events, had engaged in aggressive behaviour and had been referred to « anger management » programmes, but had not received a formal diagnosis. For example, file 7 involved an Aboriginal youth who was one of the many children in the family. He had experienced significant trauma, grief and loss throughout his life, including the loss of several siblings by suicide. The worker who completed the file note noted that due to the short time between the tragedies he faced, he « had no chance of developing a healthy response to grief. » He had attempted suicide several times, but was taken to the hospital each time and recovered. He told his worker that he had « used ice [crystal methamphetamine] to deal with it. » The file revealed that he had a « mild mental disability » and had been the subject of child protection interventions on several occasions, but had never been placed in care outside the home. This youth had a detailed history of drugs, car theft and assault over a period of three years, and he had been detained. The FV case involved a violation of an FVP order at the age of 17, in which his girlfriend was the injured party. He had approached his house and therefore had not fulfilled the conditions to stay away. He had completed a parole order in relation to this case, but the record indicated that he was in custody in other cases when his file was closed.

It is important to stress the need to move away from criminal responses in the current political climate, where young people are increasingly facing harsher consequences for the use of violence. Douglas, H. and Walsh, T. (2018). Youth Violence in the Family: What Role Does the Legal Response Play? Sydney Law Review, 40(4), 499-526. www.austlii.edu.au/au/journals/SydLawRw/2018/20.html. Retrieved 28 February 2022. Detention was rarely ordered in response to crimes involving FV. In 19 of the cases in our sample of files, some form of community supervision was adopted, even though the violence was very serious.

For example, Case 3 involved a 17-year-old Aboriginal youth convicted of injuring his partner. He suffered from depression and anxiety and was reportedly put on suicide alert after his girlfriend, the mother of his baby, broke up with him.