NCJ Number
55463
Date Published
1978
Length
9 pages
Annotation
THE RANGE OF CRIMINAL AND CIVIL REMEDIES AVAILABLE TO A BATTERED SPOUSE IN THE U.S.A. AND THE DIFFICULTIES WHICH OCCUR WITH THE ENFORCEMENT OF EACH ARE SURVEYED. THE ATTORNEY'S ROLE IN SECURING REMEDIES IS REVIEWED.
Abstract
IN THE UNITED STATES THE ROLE OF THE ATTORNEY IN FAMILY VIOLENCE IS LIMITED BY THE GENERAL RELUCTANCE OF THE COURTS TO GET INVOLVED IN DOMESTIC DISPUTES. IN THEORY A FULL RANGE OF CRIMINAL AND CIVIL MEASURES ARE AVAILABLE TO THE BATTERED WIFE OR BATTERED HUSBAND, BUT IN PRACTICE, CRIMINAL CHARGES ARE SELDOM BROUGHT BY THE ABUSED PARTY AND CIVIL INJUNCTIONS ARE SELDOM ENFORCED. THE MOST SEVERE PENALTY IS USUALLY A LECTURE FROM THE JUDGE. THE INEFFECTIVENESS OF THESE REMEDIES IS DUE TO THE RELUCTANCE OF THE PROSECUTING ATTORNEY AND THE COURT TO GET INVOLVED IN FAMILY MATTERS. EVEN EQUITABLE RESTRAINING ORDERS AND TEMPORARY RESTRAINING ORDERS, THE TWO MOST COMMONLY INVOKED CIVIL REMEDIES TO PROTECT THE INJURED PARTY, HAVE LITTLE EFFECTIVENESS BECAUSE ENFORCEMENT IS OFTEN LEFT TO CHANCE. ORDERS FOR SUPPORT PAYMENTS OFTEN ARE IGNORED, AND THREATS OF CONTEMPT CITATIONS ARE LITTLE DETERRENT TO THE PERSON WHO SERIOUSLY INTENDS TO INJURE A SPOUSE. THIS SITUATION IS CONTRASTED WITH THE REACTION OF THE COURTS TO CHILD ABUSE. HERE THE INTERESTS OF THE STATE ARE DEFINED MORE CLEARLY, AND A FULL RANGE OF SOCIAL AND LEGAL INTERVENTIONS ARE BROUGHT TO BEAR ON IDENTIFIED CASES. ATTORNEYS IN FAMILY LAW PRACTICE ARE URGED TO WORK FOR LAW REFORM TO MAKE DIVORCE MORE EASILY OBTAINABLE FOR THE SPOUSE WHO WISHES TO ESCAPE, TO WORK FOR SHELTERS FOR ABUSED SPOUSES AND THEIR CHILDREN, AND TO WORK FOR MEASURES TO REQUIRE THE ABUSING SPOUSE TO SEEK COUNSELING. NOTES ARE APPENDED. (GLR)