By Emma Russell, Hui Zhou, Gabriela Franich

This report documents how women experiencing domestic and family violence (DFV) are policed and criminalised. It presents findings from a research project conducted by Fitzroy Legal Service (FLS) in partnership with La Trobe University with the support of a Victorian Law Foundation Knowledge Grant (2020-21). The research aimed to identify how women who experience a range of social, economic, health and legal issues – including but not limited to DFV – become caught up in the criminal legal system.1 Investigating this point of overlap or interchange between social, financial, health or civil matters on the one hand, and criminal legal matters on the other, can help practitioners and policy strategists to explore the opportunities for systemic changes and collaborative support models that would prevent women’s criminalisation. Our use of the term women is inclusive of both cis and trans women. By using the term criminalisation, we hope to draw attention to the processes and mechanisms through which social problems come to be treated as criminal legal problems; and to highlight that there are alternatives. To investigate the relationships between criminalisation and women’s experiences of social, economic, health and/or civil legal issues, we adopted three methods of data collection and analysis: • the review and classification of 108 anonymised Fitzroy Legal Service client case files relating to women with criminal legal matters • the retrieval of publicly available statistical data on women in prison and women respondents on intervention orders • the thematic analysis of semi-structured interviews with 11 legal and social service practitioners with current experience of working with criminalised women These methods generated rich quantitative and qualitative data on the policing and criminalisation of women, especially women experiencing DFV and allowed us to identify opportunities for systemic changes that would prevent criminalisation. Much of what we found has already been spoken and written about at length by women and gender diverse people with lived experience of imprisonment.2 We intend for this research to supplement their expertise and lend further evidence to their campaigns and calls for action. By triangulating the data gathered and analysed through the methods above, this report explores the following questions and main findings, outlined in Table 1

Melbourne: Fitzroy Legal Service, 2022. 44p.