Julia Tolmie
Biographic Data
| ID | 4171358 |
|---|---|
| NAME | Julia Tolmie |
| GIVEN NAMES | Julia |
| FAMILY NAME | Tolmie |
| SIGNATURE | TOLMIE J |
| AFFILIATIONS | University of Auckland |
| ORCID | 0000-0002-8089-3472 |
| VERIFIED | Yes |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 29 |
| AUTHOR COUNT | 12 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1998 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 3 |
Defending Primary Victims Who Face Criminal Charges for the Use of Defensive Force against Their Abusive Partners: Attempting to Change ‘Laws’ Practices
Australian lawyers, scholars and policy makers have grappled for decades with the barriers faced by victim-survivors in successfully raising self-defence in response to criminal charges for the use of force against their abusive partners. In this article we discuss a recent legal innovation developed to address similar barriers in the New Zealand context. The defence in R v Ruddelle was ground-breaking in Australasia in that expert evidence on ‘i…
Understanding Intimate Partner Violence: Why Coercive Control Requires a Social and Systemic Entrapment Framework
How intimate partner violence (IPV) is conceptualized affects what we see when we look at situations involving IPV and what we think the solutions to the problem of IPV are-either in individual cases or in the development of broader legal and policy responses. In this article, it is suggested that while conceptualizing IPV as coercive control is an improvement over previous understandings, it does not go far enough. Coercive control must be locat…
Social Entrapment Evidence: Understanding Its Role in Self-Defence Cases Involving Intimate Partner Violence
This article considers what evidence juries need to help them apply the defence of self-defence where a woman claims she has killed an abusive partner to save her own life. Drawing on recent research and cases we argue that expert evidence admitted in these types of cases generally fails to provide evidence about the nature of abuse, the limitations in the systemic safety responses and the structural inequality that abused women routinely face. E…
Facts seen and unseen: Improving justice responses by using a social entrapment lens for cases involving abused women (as offenders or victims)
This article explores two recent cases. The first, where a woman from a culturally and linguistically diverse background (Rinnabel Blackmore) was killed by her abusive partner and the second, where an Aboriginal woman (Jody Gore) killed her abusive partner. In both cases, we consider the implications of using a social entrapment lens, which focuses on coercive control, the limits of the family violence safety response and the role of structural i…
Coercive control: To criminalize or not to criminalize
Criminalizing coercive or controlling behaviour in an intimate relationship, as has been done in England and Wales and is proposed in Scotland, has the advantage of offering an offence structure to match the operation and wrong of intimate partner violence. This article raises the question as to whether other jurisdictions should follow suit. It argues that the successful implementation of such an offence may require a complexity of analysis that…
The Gendered Dynamics of Power in Disputes Over the Postseparation Care of Children
A dichotomized picture of postseparation parents has emerged in family law that juxtaposes violent relationships with those that are "normal." Domestic violence scholars and advocates have played a role in reproducing this picture in their quest to secure protection for women and children. Although sympathetic, we argue this construction generates a number of problems: in particular, it obscures the gender power dynamics in relationships where wo…
He’s Just Swapped His Fists for the System” The Governance of Gender through Custody Law
In this article, we investigate the state’s role in the reproduction of relations of male dominance between separated parents through custody law. We argue that three “logics” shape the current operation of family law—durability, gender neutrality and present/future temporality—such that custody law is not simply a mechanism of dispute resolution between parents; it is also a vehicle for the differential production, positioning, and regulation of…
Between a Rock and a Hard Place: Resident Mothers and the Moral Dilemmas they Face During Custody Disputes
Domestic Violence, Separation and Parenting: Negotiating Safety Using Legal Processes
This article reports selected findings from a study of women who were negotiating and facilitating residence and contact arrangements for their children with a former partner who had abused them (Kaye, Stubbs & Tolmie 2003). The article analyses women's attempts to protect themselves and their children from domestic violence using legal processes. In doing so it contributes to the empirical literature in two ways. Firstly, it demonstrates that wo…
Alcoholism and Criminal Liability
Having examined the question of whether alcoholism should be regarded as a disease or habitual and learned behaviour, the article assesses from a comparative law perspective the effect of alcoholism as a defence to criminal responsibility. The article proposes a ‘disease’ model of alcoholism for the purpose of criminal law, and criticises its handling through the law of diminished responsibility
Lollies at a Children's Party’ and other Myths: Violence, Protection orders and fathers' rights groups
Feminisms, Self-Defence, and Battered Women: A Response to Hubble's ‘Straw Feminist’
(1998). Feminisms, Self-Defence, and Battered Women: A Response to Hubble's ‘Straw Feminist’. Current Issues in Criminal Justice: Vol. 10, No. 1, pp. 73-84
Coercive control: To criminalize or not to criminalize
Criminalizing coercive or controlling behaviour in an intimate relationship, as has been done in England and Wales and is proposed in Scotland, has the advantage of offering an offence structure to match the operation and wrong of intimate partner violence. This article raises the question as to whether other jurisdictions should follow suit. It argues that the successful implementation of such an offence may require a complexity of analysis that…
Between a Rock and a Hard Place: Resident Mothers and the Moral Dilemmas they Face During Custody Disputes
The Gendered Dynamics of Power in Disputes Over the Postseparation Care of Children
A dichotomized picture of postseparation parents has emerged in family law that juxtaposes violent relationships with those that are "normal." Domestic violence scholars and advocates have played a role in reproducing this picture in their quest to secure protection for women and children. Although sympathetic, we argue this construction generates a number of problems: in particular, it obscures the gender power dynamics in relationships where wo…
Understanding Intimate Partner Violence: Why Coercive Control Requires a Social and Systemic Entrapment Framework
How intimate partner violence (IPV) is conceptualized affects what we see when we look at situations involving IPV and what we think the solutions to the problem of IPV are-either in individual cases or in the development of broader legal and policy responses. In this article, it is suggested that while conceptualizing IPV as coercive control is an improvement over previous understandings, it does not go far enough. Coercive control must be locat…
Social Entrapment Evidence: Understanding Its Role in Self-Defence Cases Involving Intimate Partner Violence
This article considers what evidence juries need to help them apply the defence of self-defence where a woman claims she has killed an abusive partner to save her own life. Drawing on recent research and cases we argue that expert evidence admitted in these types of cases generally fails to provide evidence about the nature of abuse, the limitations in the systemic safety responses and the structural inequality that abused women routinely face. E…
He’s Just Swapped His Fists for the System” The Governance of Gender through Custody Law
In this article, we investigate the state’s role in the reproduction of relations of male dominance between separated parents through custody law. We argue that three “logics” shape the current operation of family law—durability, gender neutrality and present/future temporality—such that custody law is not simply a mechanism of dispute resolution between parents; it is also a vehicle for the differential production, positioning, and regulation of…
Lollies at a Children's Party’ and other Myths: Violence, Protection orders and fathers' rights groups
Feminisms, Self-Defence, and Battered Women: A Response to Hubble's ‘Straw Feminist’
(1998). Feminisms, Self-Defence, and Battered Women: A Response to Hubble's ‘Straw Feminist’. Current Issues in Criminal Justice: Vol. 10, No. 1, pp. 73-84
Alcoholism and Criminal Liability
Having examined the question of whether alcoholism should be regarded as a disease or habitual and learned behaviour, the article assesses from a comparative law perspective the effect of alcoholism as a defence to criminal responsibility. The article proposes a ‘disease’ model of alcoholism for the purpose of criminal law, and criticises its handling through the law of diminished responsibility
Domestic Violence, Separation and Parenting: Negotiating Safety Using Legal Processes
This article reports selected findings from a study of women who were negotiating and facilitating residence and contact arrangements for their children with a former partner who had abused them (Kaye, Stubbs & Tolmie 2003). The article analyses women's attempts to protect themselves and their children from domestic violence using legal processes. In doing so it contributes to the empirical literature in two ways. Firstly, it demonstrates that wo…
Between a Rock and a Hard Place: Resident Mothers and the Moral Dilemmas they Face During Custody Disputes
The Gendered Dynamics of Power in Disputes Over the Postseparation Care of Children
A dichotomized picture of postseparation parents has emerged in family law that juxtaposes violent relationships with those that are "normal." Domestic violence scholars and advocates have played a role in reproducing this picture in their quest to secure protection for women and children. Although sympathetic, we argue this construction generates a number of problems: in particular, it obscures the gender power dynamics in relationships where wo…
He’s Just Swapped His Fists for the System” The Governance of Gender through Custody Law
In this article, we investigate the state’s role in the reproduction of relations of male dominance between separated parents through custody law. We argue that three “logics” shape the current operation of family law—durability, gender neutrality and present/future temporality—such that custody law is not simply a mechanism of dispute resolution between parents; it is also a vehicle for the differential production, positioning, and regulation of…
Coercive control: To criminalize or not to criminalize
Criminalizing coercive or controlling behaviour in an intimate relationship, as has been done in England and Wales and is proposed in Scotland, has the advantage of offering an offence structure to match the operation and wrong of intimate partner violence. This article raises the question as to whether other jurisdictions should follow suit. It argues that the successful implementation of such an offence may require a complexity of analysis that…
Facts seen and unseen: Improving justice responses by using a social entrapment lens for cases involving abused women (as offenders or victims)
This article explores two recent cases. The first, where a woman from a culturally and linguistically diverse background (Rinnabel Blackmore) was killed by her abusive partner and the second, where an Aboriginal woman (Jody Gore) killed her abusive partner. In both cases, we consider the implications of using a social entrapment lens, which focuses on coercive control, the limits of the family violence safety response and the role of structural i…
Social Entrapment Evidence: Understanding Its Role in Self-Defence Cases Involving Intimate Partner Violence
This article considers what evidence juries need to help them apply the defence of self-defence where a woman claims she has killed an abusive partner to save her own life. Drawing on recent research and cases we argue that expert evidence admitted in these types of cases generally fails to provide evidence about the nature of abuse, the limitations in the systemic safety responses and the structural inequality that abused women routinely face. E…
Understanding Intimate Partner Violence: Why Coercive Control Requires a Social and Systemic Entrapment Framework
How intimate partner violence (IPV) is conceptualized affects what we see when we look at situations involving IPV and what we think the solutions to the problem of IPV are-either in individual cases or in the development of broader legal and policy responses. In this article, it is suggested that while conceptualizing IPV as coercive control is an improvement over previous understandings, it does not go far enough. Coercive control must be locat…
Defending Primary Victims Who Face Criminal Charges for the Use of Defensive Force against Their Abusive Partners: Attempting to Change ‘Laws’ Practices
Australian lawyers, scholars and policy makers have grappled for decades with the barriers faced by victim-survivors in successfully raising self-defence in response to criminal charges for the use of force against their abusive partners. In this article we discuss a recent legal innovation developed to address similar barriers in the New Zealand context. The defence in R v Ruddelle was ground-breaking in Australasia in that expert evidence on ‘i…
Law (11 works) · Political science (11 works) · Criminology (10 works) · Sociology (10 works) · Law (9 works) · Intimate Partner and Family Violence (7 works) · Psychology (7 works) · Poison control (6 works) · Domestic violence (5 works) · Homicide, Infanticide, and Child Abuse (5 works)