Difficult Address Domestic Violence - Essay Example

With reference to 'domestic violence', why is it difficult for the criminal justice system to address this problem?’ 1Domestic violence is abuse between family members or related persons. Domestic violence may come in many forms: actual physical abuse, threats of physical abuse, emotional abuse, threatening telephone calls, disturbances at a place of employment, stalking, and other forms of dominance and control. Domestic violence is distinguished from other kinds of abuse because of the special relationship between the persons. Domestic violence happens to people of all ages, races, ethnicities, and religions. It occurs in both opposite-sex and same-sex relationships. Economic or professional status does not indicate domestic violence - abusers and victims can be laborers or college professors, judges or janitors, doctors or orderlies, schoolteachers, truck drivers, homemakers or store clerks. Domestic violence occurs in the poorest ghettos, the fanciest mansions and white-picket-fence neighborhoods. About 95% of victims of domestic violence are women. Over 50% of all women will experience physical violence in an intimate relationship, and for 24-30% of those women, the battering will be regular and on-going. Abuse between intimate partners can take many forms. It may include emotional or verbal abuse, denial of access to resources or money, restraint of normal activities or freedom (including isolation from friends and family), sexual coercion or assault, threats to kill or to harm, and physical intimidation or attacks. In extreme cases, domestic violence may result in the death of a partner. Experts agree that domestic violence is a widespread problem. However, its actual extent is difficult to measure. Researchers believe that the extent of violence between intimate partners is higher than reports indicate. Data based on official documents, such as police or hospital records, tend to underestimate the extent of violence because many instances of abuse are never reported. Surveys of individuals generally produce higher estimates of violence than official records, but they are also assumed to underestimate the actual extent of domestic violence. For a variety of reasons, respondents may fail to report violence that occurs with an intimate partner. Considerable research indicates that most victims are often passive in response to abuse. Victims call the police but they don’t go to social workers or mental health agencies seeking help, they flee to the homes of friends or parents instead for cover, and they simply let themselves be abused. For them, letting others know of this situation means further damaging their own self respect, also they feel reporting such cases would demean their abuser (mostly someone related to them), Fear of the abuser keeps them from pointing finger at his behavior and their silence leads to further deterioration of the relationship and that of the victim itself. However, studies find that many factors—economic, interpersonal, cultural, and social—prevent victims from leaving violent relationships. They do not come out into the open to report their abuse and are forced to be left unguarded and unprotected. Victims who seek help from community services often find that agencies are overwhelmed and limited in their resources. People who are dependent on their partners emotionally and economically learn to endure abuse and remain in unhealthy relationships, a process that has been labeled “learned hopefulness.” Learned hopefulness refers to an abuse victim’s belief that the abusive partner will change his or her behavior or personality. 2Most experts agree that economic and cultural factors play an especially powerful role in contributing to and perpetuating repeated abuse of women. Because women, as a group, tend to have less power in society, they are more likely to be victims and are less able to end abuse once it begins. Traditional beliefs, customs, and laws restrict the roles women may play and limit their economic opportunities, contributing to their dependence on men. However, the law does provide that domestic violence is a crime. These laws have made it easier for victims to obtain protective or restraining court orders that prohibit offenders from having contact with them. Also, the law allows police officers to arrest people suspected of committing domestic violence without the victim filing charges. In response to criticism by feminist activists and as a result of research indicating that arrests seemed to reduce subsequent violence, many cities changed their intervention policies. Since the 19th century, as the status of women has improved, attitudes toward domestic violence have shifted and laws have been changed. As many women’s rights organizations have sponsored campaigns to raise public awareness of intimate violence. Whereas 30 years ago spouse abuse occurred behind closed doors and was largely considered a private matter, today it is widely recognized as an important, dangerous, and harmful social problem. The law, in this case, defines domestic violence in very specific ways. Every state and territory has laws that allow its courts to issue protection orders. Each state, territory or tribe decides for itself how to define domestic violence and how its laws will help and protect victims, so the laws are different from one jurisdiction to another. Although you may be a victim of domestic violence, the laws in your jurisdiction may be written in a way that does not include or protect you. This does not mean that you are not a victim, and it does not mean that you should not seek help. The law is a useful and important tool for increasing safety and independence, but it is not the only tool. In addition to legal assistance, you might benefit from safety planning, medical care, counseling, economic assistance and planning, job placement, childcare, eldercare or pet care assistance, or many other types of practical help and advice. You can seek assistance from advocates, shelters, support groups, the National Domestic Violence Hotline, and perhaps even your religious leader or doctor. One of the main reasons why concerned legal authorities seem to fail at preventing such domestic abuse is because they are generally not reported. The victims, most of the times, are reluctant to file against their abuser and in turn facilitates their power on themselves. Then we ask the question why do such women remain bound o such abusive relations, why don’t they come out and face the abuser. 7Their reasons for staying in a violent relationship are many, and vary for each person. They include: Fear of the perpetrator’s violence. The risk of being killed when leaving. Fear that protection orders and the criminal justice system will not protect her. Lack of economic resources with which to support herself and her children. The desire to keep her children with their father. Being told by family or friends that the abuse would stop if she changed. Suicide threats from the perpetrator. Threats of violence to others by the perpetrator. Dependence on the perpetrator for healthcare. Lack of affordable housing. Lack of affordable legal assistance necessary to obtain a divorce, custody/visitation plan, or protection order. Lack of faith in systems designed to help victims. Lack of access to resources due to physical isolation. The police may legally make an arrest if they have “probable cause” to believe that a crime has been committed which involved an injury to a person. Probable cause means that there is some evidence of the crime, or reason to believe that a crime has been committed, such as a witness, a mark, bruise or other injury. 3Under Washington’s Domestic Violence Prevention Act, the police must make an arrest when they have probable cause to believe that: A person was assaulted within the past 4 hours and the assault caused injury or pain (observable or not) or the assault caused the person to fear for their safety. A person violated the provisions of a no-contact order, protection or civil restraining order which prohibit the abuser from committing acts of domestic violence, from going to the grounds of or entering a residence, workplace, school or daycare, or from having contact with the victim or victim’s children. The abuser must be present to make an arrest. If the abuser is not present, the police should attempt to locate the abuser. 6The response to domestic violence is typically a combined effort between law enforcement agencies, the courts, social service agencies and corrections/probation agencies. The role of each has evolved as domestic violence has been brought more into public view. Historically, law enforcement agencies, the courts and corrections agencies treated domestic violence as a personal matter. For example, police officers were often reluctant to intervene by making an arrest, and often chose instead to simply counsel the couple and/or ask one of the parties to leave the residence for a period of time. The courts were reluctant to impose any significant sanctions on those convicted of domestic violence, largely because it was viewed as a misdemeanor offense. This mindset of treating family violence as a personal problem of minor consequence permeated the system's response, and potentially allowed the perpetrator to continue acting violently. Activism, initiated by victim advocacy groups and feminist groups, has lead to a better understanding of the scope and effect of domestic violence on victims and families, and has brought about changes in the criminal justice system's response. In 1981, the Domestic Abuse Intervention Project became the first multi-disciplinary program designed to address the issue of domestic violence. This experiment, conducted in Duluth, MN, frequently referred to as the "Duluth Project," involved coordinating the actions of a variety of agencies that deal with domestic situations. The policies and activities of diverse elements of the system, from police officers on the street, to shelters for battered women and probation officers supervising offenders, were coordinated with each other. This program has become a model for other jurisdictions seeking to deal more effectively with domestic violence. More and more jurisdictions are mandating that suspects in domestic violence incidents be arrested if there is probable cause to believe that an assault occurred. Victim advocates are intervening directly with victims by providing them with counseling about the court process, how to obtain and use restraining orders and how to formulate and implement safety plans. Corrections/probation agencies in many areas are supervising domestic violence offenders more closely, and are also paying closer attention to the victim's needs and safety issues. 4Not only are all women put in direct and great danger by the absence of any legislative check on the district attorney's denial of justice to women, but the district attorney's refusal to file proper charges on these cases also suffocates and discourages police efforts. We need to work with our legislators to give them the fortitude to put restrictions on district attorney discretion now. A critical area for victims of domestic violence and abuse that has been left ignored by legislators this year and in years past is the district attorney's absolute power to refuse to file charges no matter how solid the evidence. Even if a district attorney refuses to file charges on a whole crime category, there is no legal remedy for victims. Not only are all women put in direct and great danger by the absence of any legislative check on the district attorney's denial of justice to women, but the district attorney's refusal to file proper charges on these cases also suffocates and discourages police efforts. It is needed to work with our legislators to give them the fortitude to put restrictions on district attorney discretion now. Depending upon the laws of victims; concerned jurisdiction and the nature of the violation, the penalty might be a finding of civil or criminal contempt, which could result in a fine, jail time or both. In some cases, it might result in a misdemeanor or felony criminal conviction and punishment. Thus it can be concluded that concrete steps and measures have been taken around the world for preventing and controlling domestic violence at all levels of a society. But it is mainly up to the victims to come out of their passiveness and face the abuser eye to eye. Legal aid and assistance is guaranteed most of the times, but the victims themselves have to reach out for their own betterment Bibliography 1) What is domestic violence? http://family-law.freeadvice.com/domestic_violence/domestic_violent.htm Accessed 1 May, 2006 2) Gelles, Richard J. "Domestic Violence." Microsoft® Encarta® 2006 [DVD]. Redmond, WA: Microsoft Corporation, 2005. 3) © 2005 Domestic Abuse Women's Network Web Services Provided by Conifer Publishing Group article ' Is Something Wrong in Your Relationship?’ Under the heading of ‘Understanding the Police Response’ taken from http://www.dawnonline.org/aboutdv.htm Accessed 1 May, 2006 4) Article on ‘California Passes Tough New Domestic Violence Laws’ By Marie De Santis, Women's Justice Center’ under the heading of ‘District Attorney Power Still Unfettered’ taken from http://www.purpleberets.org/violence_new_law.html Accessed 1 May, 2006 6) Article on ‘DOMESTIC VIOLENCE’ under the heading of ‘Response to Domestic Violence’ from the URL http://www.websters-dictionary-online.org/definition/english/Do/Domestic+Violence.html Accessed 1 May, 2006 7) © 2005 Domestic Abuse Women's Network Web Services Provided by Conifer Publishing Group article 'Is Something Wrong in Your Relationship’ under the heading of ‘Why Do Women Stay?’ from http://www.dawnonline.org/aboutdv.htm Accessed 1 May, 2006 Read More