Domestic Violence 1

Krysta Austin

ArlenyDimond

Ingrid Gunther

Kristin O’Neil

Kimberly Warren

English 1010-14

Limitations and Solutions for Domestic Violence

“The first act of domestic violence recorded in the bible is that of Cain, who killed his brother Abel, out of jealousy” (Causes of Domestic Violence, par. 5)

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As the quote demonstrates, domestic violence has been a timeless problem in many societies. The pattern of violent behavior against victims always has been power and control by one person over another.

It is a sad fact in our society today, but some domestic abuse cases end with the death of the victim. Laws against domestic violence in The United States have been, in some cases inconsistent, focusing on punishment rather than prevention.

While domestic violence involves the whole family, intimate female partners are the most common victims. “According to Family Violence Prevention Fund (FPVF), intimate violence is most commonly directed at women: 85% of victims are female and 15% are male” (Domestic Violence, par. 1)

Sometimes, the violence against women in intimate relationships is a social problem that is tolerated by traditions of a particular society. In The United States, the justice system has failed in responding effectively to domestic crime. The law enforcement and “intervention programs” are differentin each state, so this can lead to many inconsistent strategies to stop domestic violence. For example, “One study in 1997 showed that 35% of women who were granted a temporary protection order did not apply for a second, because the first restraining order was not successful. In other studies, approximately 50% of women who had one protection order, were abused again within two years, 60% reported abuse after the order was issued, and 30% reported severe abuse following the order.” (Domestic Violence, par. 11)

According to the FBI, “every day four women die in this country as a result of domestic violence. That’s approximately 1,400 women a year”(Domestic Violence Awareness, par 4).This is a problem that has a negative impact on the well-being of the community. When children are exposed to a violent environment, the impact of thesedisturbing problems causes emotional and psychological impairment in children, and increases their behavioral chances (particularly males) of growing up to become abusers themselves. This causes a vicious cycle that perpetuates violence from generation to generation. “Children learn from their parents; if they have a parent who uses violence to handle problems within intimate relationships, the children learn that violence is an acceptable way to behave in those relationships.” (Brewster, pg. 60,par. 2 )

While drug and alcohol abuse are not a primary cause of domestic violence, it is a facilitator, leading to more frequent outbursts of violence. In a focus group on domestic violence, women reported, “that when the men were drinking, they were the most violently abusive. As time went on, the men also drank more often, leading to even more frequent abuse” (Kosof, pg. 66, par 2). Ultimately the abuser is responsible for his or her behavior. It is not the alcohol, for example, that makes people abusive. They are abusive first, and the alcohol may be a facilitator.

Psychopathology, personality disorders, or even chemical imbalances are thought to be leading causes of domestic violence as well. One thing is clear, there is no single leading cause, but the solution to this problem must be effective in both short-term and long-term.

There are hundreds of programs to help the victims of domestic violence. Many of the programs provide legal help, counseling for the victims, protective order processes, and others; but the laws are often hard to enforce, and the victims have to go through a painful process to file for any help. “Laws and procedures have changed a lot since the first battered women’s shelter was opened twenty-three years ago, making real help for battered women (e.g., staking laws) much more available; however, those systems can still be complicated, intimidating, and lacking”( Brewster, pg. 213, par.1).

Kathy Kuhni has been victim of domestic violence and she grew up in a home where physical, emotional and verbal abuse was extremely rampant. In our interview with her, Kathy stated:

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“I was able to charge my dad with child abuse but he didn't go to jail. My mom didn’t even support me in this decision. My mom told me: why are you doing this to our family? I really had no safe place to go, being fourteen years old and not being given a safe place to go, to be sent home with the person that has been abusing me was a nightmare. Luckily, my mom’s friends let me stay with them for about a month. But in the end, they sent me back home. I didn’t have any safe environment even after I charged my dad.”

This could be crucial for a victim of domestic violence, who is too intimidated to file for protection while she is living in the abuser’s house.

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There are many people facing domestic violence in our communities, but most of the victims don’t report the crime. Women and children are most exposed to the violence. In some cases, the victims have to deal with fear, because they don’t feel there is any protection. The problem for victims when they do tell about abuse, to people required to report it, is that court proceedings take too long and the shelters are either full or only let them stay only for a short time. The courtsystem is so slow that things are never resolved that quickly, if at all. And when they aren’t resolved or the punishment doesn’t fit the crime, then the victim is victimized again and sometimes forced back into the arms of the abuser so they can survive. Furthermore, many law enforcement agencies, even in small communities do not take these reports seriously because battered women are thought to be responsible for deciding to stay with their partner after the abuse. “Like other victims of violent crime, battered women fear retaliation. Fully 50% of all victims of violent crime report they are fearful that perpetrators will seek reprisal for their participation in prosecution.”(Davis et al., 1990)

What adds to the problem is that every time a woman drops charges against her abusive partner, some people within the criminal system feel reinforced in their stereotypes of battered women: “They all drop charges anyway. Why do we even try to help them if they won’t help themselves?” An advocate can bring an essential kind of passion to the effort, the kind of stern resolve to see that things are done properly, and with consideration of the victim’s needs. Significant change in the system is often the end result.(Brewster, pg. 214, par.3 ).

The following interview remains anonymous, as requested, for the protection of the person and their family. This incident occurred recently in Utah. In the interview the person commented:

I woke up one morning after sleeping for approximately 11 hours. I felt extremely sedated and drugged and felt this way clear into the evening, approximately 6:00pm in the evening. As I took my morning bath, I noticed on the side bottom of my foot that there appeared to be a slight puncture from a needle or pin. That next Monday, I went to the doctor’s office and asked if anyone could look at my poke mark and could take some samples to see what I had been sedated with. The lady with Lab Corp had previously worked for the Utah State Crime Lab and she had recommended me calling them and having them take all of the hair, blood and urine samples. I found out later that week that without a case or file number with the Police Department, there was nothing they could do. I made a couple calls to the Police department and asked discretely what I could do about this horrible situation. They told me without photos and video etc… there was nothing I could do, but file a complaint or a report. If I was to set up a video camera and he found out I would surely be dead! So I found out that they would do nothing to really help me. They could do nothing for my protection either! So even if I do fill out a report, and get tests back, that still isn’t good enough proof.

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The system is also flawed in getting tests done. For example, you need a report number that basically does nothing but sit there. When abuse victims call the police, a lot of the time, they are too busy and make the victims feel like they don’t believe what they say, until there is undeniable proof. It has happened too many times to the victims, but for a victim of abuse it is discouraging. They already have their abuser telling them they over react whenever they are abused. Not having the police supportor protection, and receiving only doubt, the only thing the victim can do is make a report that sits somewhere and accomplishes absolutely nothing. This can be detrimental to the victim’s life and theirchildren.Anonymous commented:

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“I found out nothing would be done and there was nothing they could do for my protection.”

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Therefore, there are no guarantees that reporting the abuse will make the victims feel any safer. Many abusers do not face their crimes in a court of law for years, if ever. Many cases of abuse that had been reported are often not prosecuted. This happens for a wide variety of reasons, such as, lack of evidence.

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Domestic violence can happen to anyone. There is just one common pattern of abusive behaviors in all the cases local or abroad. These behavior patterns can fall into a cycle of violence. The abusive episode is often followed by apologies, promises that things will get better, and even denial by the batterer that the abuse occurred. Loving behavior and gifts from the batterer may precede an even more severe episode of violence, and the cycle generally becomes shorter with each occurrence. To recognize that this abusive situation is abnormal may be difficult to accept. ” The cycle repeats itself again and, usually becoming more frequent and more severe over time. IN AN ONGOING RELATIONSHIP THERE IS VIRTUALLY NO SUCH THING AS ONE VIOLENT INCIDENT.”( Brewster, pg. 63, par.3).

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There are some solutions to this problem that members of the community and families may consider. The education and training for health care professionals, social service groups, agencies, law enforcement groups, prosecutors and judges have to be included to be part of the solution. The intervention programs should work with the legal system. The effectiveness of the programs depends on how the punishment is applied. The criminal perspective of the domestic violence gives a different lookto any kind of domestic abuse. Now, we should think about domestic violence as a crime that has to be handled more appropriately. There are a multitude of prevention programs that aren’t monitored, and we do not know if the victims are receiving the right help. One of the most important things that communities need to be aware of is that the legal system can guarantee the protection and safety of the victims through imposing largely significant sanctions on those convicted of domestic violence.

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“In the twentieth century and now in the twenty-first century, domestic violence occurs so often in The Unites States that the America Medical Association declared it to be public health hazard in 1992. Women between the ages of 19 and 29 years are particularly at risk. In 1994, violence against women was declared a federal crime.” (Violence and Prevention 9)

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We can’t completely stop the domestic violence problem, but we can bring this subject into the public’s awareness. We can show this problem to people who may not be personally affected, but show them that is happens every day. They need to seethat this is a national, and community problem that can’t be ignored. We all see the sad stories on the news, but we can actually help someone in this situation by simply acknowledging that this problem may have some possible solutions.

Although we wish that domestic violence did not exist, we can no longer ignore that this

is a problem that is not going to go away any time soon. If anything, the number of reported

domestic cases is growing. Over the years, many different organizations have worked to find a

solution to the judicial issues surrounding domestic violence. Unfortunately, the different

methods and laws that have been put into action have not been effective.

As we researched this subject, it became apparent that the first step is to promote

awareness of the issues surrounding domestic violence. Most people know that domestic

violence occurs, but if they are not directly affected by it, they may not be aware of the flaws in

the judicial system involving domestic violence cases. Our short term solution is to not only

promote awareness of the problem of domestic violence, but to further illustrate the issues in the

judicial process itself.

In the future, we feel that a good long-term solution to the issues involving domestic

violence cases and flaws in the judicial system needs to start with the organizations who are

directly involved with the domestic abuse victims every day. They are the ones at the front line

of this issue, and know what needs to be done to help these victims. If we, as a society, lobby for

these organizations to start working with all levels of the judicial system to collaborate together

to find a better process, a lot could be accomplished. Perhaps, create workshops for different

levels of the judicial system to meet together and work towards a common goal. Their goal: to

create a fast, effective process through the judicial system, from the first call to conviction.

Works Cited

Anonymous.“Personal Interview,” by Austin Krysta. 10 April, 2011.

Arias, Ileana. Et al ”Violence Against Women: The State of Batterer Prevention Programs.”The journal of Law, & Ethics, 10 April, 2011.

Brewster Susan, “Helping Her get free.” 2006, 1997 published by “Seal Press.”

Davis, R., Smith, B., Henley, S. (1990).Victim-witness Intimidation in the Bronx Courts.

New York, NY: Victims Services Agency.

“Domestic Violence.”Gale Student Resources in Context. 2007.10 April, 2011.

“Causes of Domestic Violence.” http//

FBI Supplementary Homicide Report. 29 June, 2006

2004

“How the Cycle of Abuse terrorizes and controls a woman with emotional, psychological and physical abuse.”

“How to stop the Cycle of Abuse.”Relationships & Family.

Kosof Anna, “Battered Women Living with the Enemy.” 1994, Library of Congress Cataloging-in Publication Data.

Kuhni, Kathy. Personal interview by Austin, Krysta. 7 April 2011.

“Most cases of Domestic Violence are never reported to the police.”Bureau of Justice Statistics. June 2005

“Statistics On Domestic Violence”. Silent Witness Initiative.

“Three: Honeymoon.”

“Violence and Violence Prevention.”Gale Student Resources in Context. 2007. 10 April 2011. Detailspage/