NCJ Number
81821
Journal
Syracuse Law Review Volume: 32 Issue: 2 Dated: (Spring 1981) Pages: 497-579
Date Published
1981
Length
83 pages
Annotation
This overview of the spouse abuse problem focuses on existing and proposed civil and criminal remedies, and some of the psychological and sociological factors that contribute to spouse abuse are briefly examined.
Abstract
The only practical way to reduce the problem of spouse abuse is to improve and expand existing legal and extralegal remedies. This should be done in conjunction with efforts to change public attitudes toward the problem. The protection order will play a significant role in this process, because that method of relief has emerged as the most effective way of dealing with marital violence. Pennsylvania's Protection From Abuse Act has been designated the model act, because it was the most innovative law and was the first comprehensive domestic violence legislation enacted. Recently, the Illinois legislature expanded its domestic violence statutes to include the type of coverage and the remedies offered by the model act, in addition to other types of protection. The Illinois act addresses the legal aspects of spouse abuse, along with the social and psychological needs of the victim. The Illinois act liberally defines abuse to include 'striking, threatening, harassing, or interfering with the personal liberty of any family or household member by any other family or household member.' A protection order may be served in a variety of ways. The judge is given authority to require or recommend that the abuser receive counseling for a specified period. The police are required to take action to aid persons abused by family or household members. Suits are authorized between spouses for intentional torts, where physical harm was inflicted. Suggestions for further improvement in State statutes for dealing with domestic abuse are offered. A total of 401 footnotes are provided. (Author summary modified)