NCJ Number
167048
Date Published
1995
Length
7 pages
Annotation
After outlining the myths and related facts on domestic violence, this paper reviews the prevalence of domestic violence, factors that increase the risk of battering, the consequences of battering, the legal system's response, obstacles to obtaining relief from domestic violence, legal rights and remedies for victims, and steps victims can take to protect themselves and their children.
Abstract
Domestic violence is prevalent in the United States, since it stems from a socially constructed paradigm of the husband having domination and control over his wife. Women who are separated from their abusive husbands, women who are pregnant, and women who attempt to resist violent behavior are at greater risk of serious injury and death. The legal system's response to domestic violence has typically been slow and ineffective; and victims, because of the psychological effects of the battering, find it difficult to assert themselves and develop a rational plan for leaving the abuser while protecting themselves and their children. Economic dependency can also make it difficult for a victim to leave the abuser. In recent years the Federal Government and State legislature have enacted legislation aimed at improving legal remedies for victims of domestic violence and sexual assault. Most significantly, in 1994 the Federal Government enacted the Violence Against Women Act. In addition to allocating substantial funds for education, research, and direct services, the statute created a set of new Federal domestic violence crimes and a new civil rights remedy for victims of gender-motivated violence. State laws already allow battered women to seek orders of protection, press criminal charges, and sue their batterers for money damages. Serious sanctions against violators and early strong judicial intervention is crucial to protect the victim, reduce recidivism, and prevent escalation of violence. A number of factors can undermine this process, however, including the granting of mutual orders of protection, inappropriate referrals to mediation, and failure to terminate custody and visitation rights regarding the children. The paper concludes with a listing of steps a victim can take to protect herself and the abuser. A listing of 17 studies on the prevalence of domestic violence