DOMESTIC VIOLENCE IN 1988
AN HONORS THESIS (ID 499)
BY
MARY GEITZ
DR. DIANE DAANE
PROFESSOR OF CRIMINAL JUSTICE
BALL STATE UNIVERSITY
MUNCIE, INDIANA
MAY 1, 1988
SPRING QUARTER 1988
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OUTLINE
I.
Introduction
II.
Facts and Statistics
A.
Definitions
B.
Patterns
III. History
IV.
A.
SPCA
B.
1970s Movement
Social Context
A.
Society's Views
1.
B.
Attitude and Profile of the Abused Victim
1.
C.
V.
VI.
Reasons Why
Reasons Why
Profile of the Abuser
Reactions of Professionals
A.
Medical
B.
Prosecutors
C.
Police
Current Laws
A.
Source of Relief
1.
Civil Remedies
2.
Criminal Remedies
B.
Hearings
C.
Model State Act
1.
Indiana Code
2
D.
Protection Orders
VII. Agencies
A.
Shelters
B.
National Organizations
VIII. Solutlons
XI.
A.
Legislation
B.
Public Awareness
Conclusion
3
DOMESTIC VIOLENCE IN 1988
The
problem
of
beginning of time, as
cavemen and
domestic
compared
has
to
they
the
Once
men realized
belief
more
become
that
their part 1n
spirits
agressive
children,
did
Regardless,
these social attitudes have been
the centuries
existed since the
evidenced by the stereotypical scenes of
1S
their conquests.
procreation,
violence
and
fathered
dominant?
passed down through
Even "professionals"
and are still visible today.
such as those in the medical setting, prosecutors
and police are
wary to shed these views.
-
With
the
pervasive
Women's
legislative ground has only recently
Movement
of
the
been
broken.
1970's the
Modern and
useful laws are being passed and shelters are gaining acceptance.
However, the "typical" abuser
domestic violence
and
victim
and
the
reasons why
occurs are still shrouded with half truths and
useless myt.hs.
Solutions to this widespread problem will not come easily or
quickly.
A sweep
of public awareness will have to occur before
the myriad of laws and
legislation
will
truly begin to chip away at the problem.
serve
any
purpose or
Both civil and criminal
remedies will need to be strengthened and enforced.
Between 2-4 million
each
year,
and
it
is
incidents
of
domestic
violence occur
estimated that 50-60% of the 47 million
married couples have had at least one violent incident, while 104
-
25% suffer violence as a common occurrence.
this to be 50-60% yet acknowledge
admit it
and describe
Researchers estimate
that only
violent acts
in a
28% are
willing to
mass interview survey
(Jaffe 14).
Since spouse abuse is
reports
tell
estimate
18
While
us
not
nothing
about
three
and
report
women
FBI
its
times
that it is
men
an
crime
prevalence.
more
wives
However,
prevalent
the
than rape.
in equal numbers, wife
battering
beating is more serious because
category, police
usually
in,iure
or abuse
while defending themselves from physical or sexual assault.
Once a
woman is
again
~ithin
with
the
victimized her chances of being victimized
six months
highest
32%.
1S
rate
of
Kentucky is considered the state
domestic
violence
with 21% of the
married women voluntarily reporting to being victims of
one incident,
and one
in ten
at least
reporting and incident within the
most recent year (Fortune 1).
DEFINITIONS
Domestic violence does not
makes formulating
legislation to
National Institute
rape,
robbery,
have a
of Justice
aggravated
combat it more difficult.
defines domestic
assault
person
defini t,ion,
classified
well
known
one-third
as
of
felonies,
to
the
the
and
classified as misdemeanors 1n
The
violence as any
or simple assault committed
against a married, divorced or separated
other
uniform definition, this
woman by
victim.
incidents
a relative or
Under
evaluated
this broad
may
be
the remaining two-thirds would be
most states.
5
This classification
-
is not determined by the presence or absence of any injury but by
the presence or absence of a
weapon
and/or
the
extent
of the
actual inflicted injury.
Most of these injuries are to the head and neck,
to bruises, strangle marks. black eyes,
fractured
jaws.
broken
noses
and
split lips.
in addition
eye damage,
hearing
permanent
loss.
Assaults to the trunk of the body also occur but are less common.
In
"wife" is considered to mean any woman "ho
most definitions
maintains
intimate
an
usually defined
battered is
injury or death.
force,
relationship
as violence
violence means
thus,
aggression
while
with
1. S
an
a
man.
Abused or
that can cause serious
the exercise
unprovoked
of physical
physical or verbal
attack.
Lisa Lerman In her Model State Act defines domestic violence
as
including
harassment,
propert,y,
battery.
unlawful
theft
criminal
act
Violence
In
coercion,
imprisonment,
or
an:y
( 71 ) .
their
assault.
conduct
The
unlawful
that
National
Manual
entry,
assault,
damage to
be punished as a
Clearinghouse
on Domestic
for Service Providers lists physical
abuse. as well as psychological abuse
brainwashing, depriving
could
sexual
such as
verbal arguments,
a victim of sleep or food;
and the destruction of property and pets belonging
sexual abuse,
to the victim
(53) •
Fine
distinctions
woman may mean a woman
injury
from
a
spouse.
can
be
made.
subjected
A
to
For example,
severe,
a battered
repeated physical
may describe women
6
-
from a
subjected to severe, repeated physical injury
tortured
wife
acts that have
battery
may
a
cases.
describe
A
women subjected to cold calculated
sadistic
element,
What
certainly
is
spouse.
descriptions is the intensely
which
absent
1S
clear
in most
from these various
serious nature
of the
problem of
family violence.
Domestic violence
a male
spouse, and
social
ills.
also includes rape, child abuse, abuse of
all of
child kidnapping,
However,
this
which are serious
solely
focuses
project
scope of these
This in no way minimizes the
battering of women.
on the
other incidents of violence.
HISTORY
-
the abusive
Laws sanctioning
the bible,
throughout
Greek
and
treatment of
roman
women appear in
civilization,
and are
codified in the English common law from which our own is derived.
It is also seen in male dominated religions which advocate female
subordination.
This
could
benevolent neglect, since
historically
family
problems
have
were
been
called
not considered
legitimate social concerns (Gelb 110).
Examples of
domestic violence
when Emperor Constantine had
Did
he
Scotland,
brank, an
realize
l~ives
he
was
could be
iron bridle
his wife
setting
publicly
with a
go as
a
far back as 500 A.D.,
Fausta scalded
14
to death.
century precedent?
ridiculed
padlock and
by
the
use
In
of a
a spike to enter the
mouth (Roy 12).
The
history
of
domestic
7
violence
and
corresponding
-
legislation begins
about a
century ago with the Society for the
Prevention of Cruelty Against
interest
in
child
abuse
parents has never been
While
children
happiness.
to
Animals (SPCA)
in
1874.
Taking children from their
as controversial
innocents,
are
taking the initial
as encouraging divorce.
women
should
sacrifice
their
The growth of these societies was phenomenal compared
Societies
Preventing
Cruelty
to
Wives,
only one of which
existed in 1885.
By 1860, only two
In
beating.
.-
states had
1824,
However,
record
the
Children
successful
instances of wife abuse have
1830s.
founded
agencies
in
Chicago
providing
personal assistance.
The
been on the
The Protective Agency for Women and
1885
in
prohibiting wife
upheld the husband's Right of
Mississippi
Chastisement.
since
passed laws
both
Protection
was
one
forms
of
Agency
of
legal
the first
aid
and
enventually merged
with the Bureau of Justice.
Unfort,una te ly,
with
19th
specifically stating that a husband
beating his
wife with
a stick,
century
could
American
not
pulling her
her
little
in this area.
of
any
progress
punished for
hair, choking her,
spitting in her face or kicking
hope
about
be
tracts
the
face
there was
Additionally,
the
helping professions such as the police and emergency rooms, those
who
often
protected
have
the
patterns
professionals were
first
of
contact
family
with
authority.
such
victims
Unwittingly,
often
these
sanctioning abuse and further cementing it in
our social strata. rather than condemning it.
8
-
An 1871 English statute
thumb" .
incorporated the
original "rule of
A man may chastise his wife with a rod not to be thicker
than his thumb.
(1890-1920) ,
Even great reforms such
Juvenile
legislation for
and
women and
Family
as the
Court,
children, the
Progressive era
protective
labor
mother's pension (ADe)
and the family wage were designed to restore the traditional role
of women (Gelles 123).
Other
great
reforms
include
law
reforms
following
the
Parliamentary Commission of ]875 with the Women's Property Act in
1882, the Matrimonial Causes Act in 1884 and
Parliament in 1879, with the help of Lord Penzance
Act of
and Frances Cobb attached a protective
-
the Married Women's
amendment to
the divorce
Thus, all of them attempted
bill to aid battered women's rights.
to improve the position of married women.
In instances
family
by
during
supporting
the
the
1830s,
traditional
state of invading family life.
between worthy
and unworthy
not matched
public
made distinctions
victims in the 1800s.
of
feminist
again until
defended the
structure, accusing the
Even feminists
1870s represented a high point
against women
the
Although the
in crimes
the 1970s.
For example.
they separated those women performing a feminine role from those
"dreadful viragos" who fought back.
The Women's Christian Temperance Union of
though often
fact,
forced
ridiculed as a puritanical reform movement, was,
a response to wife abuse.
to
the 19th century,
confront
While
in
traditionally, women were
the patriarchal alliance of father-husband9
.-
priest, today
just shifted to the business-government-
this has
service professions.
The individuals are now just
hidden within
structural organizations and red tape.
Spouse abuse came into national consciousness about a decade
after child abuse largely as a result of
efforts by
the Women's
The efforts of the 1970s were resisted greatly due to
Movement.
the "Blame the Victim" ideology.
Efforts
were
interpreted as
anti family and contributory to the family breakup.
An important
contribution of
the Women's Movement was that
it kept the issue before the public and as a
changed their
and some
laws to
states
shelters.
have
be.!i:un
to
protection to battered women
help
provide
some
funds for
The struggle to gain liberation and equality for women
brought women of
sessions.
give better
result, many states
all
ages
together
for
consciousness raising
It helped many participants discover that they shared
similar dark secrets (Lincoln 71).
Feminists
consciousness
were
successful
raising.
government along with
reform policies.
They
the
in
this
gained
.judiciary
States
short
mass
and
term
support,
the
police
becoming
more
and
of
the
began to
became slowly and reluctantly involved
by setting task forces and special commissions in
were
goal
vocal
motion.
Women
about subjects formerly considered a
secret shame or the failure of the victim.
This tends to refute the notion that the "Women's Lib"
superficial
or
passing
phenomenon
passive and dependent things
would
10
and
be
is a
that if women would be
all
right
again.
For
-
example, women in New
action suit
York
against the
New York Family Court
City
recently
have
filed
a class
New York City Police Department and the
for
their
failure
to
act
in assisting
battered women.
It would
with
be unfair to cite the work of the Women's Movement
domestic
violence
Pizzey
Pizzey.
specifically for
for the
was known
served as a meeting
model.
in
need for
was
England
work
of Erin
\,omen) s
shelter
in
1971 .
Thus,
shelters worldwide to a new
a
local housin!,!
Women's Aid.
It originally
donated
as Chiswick
place
the
first
the
women
This original shelter
council, and
mentioning
established
battered
raising awareness
level.
without
founded
on
a
by
community therapeutic
The shelter provided short term safety and the usual stay
was 6-12 months (Shelter 41).
SOCIETY'S VIEWS
For someone who has not studied domestic violence,
attitude exists
as to
why this can happen in our modern society
and why women tolerate such abuse.
the attitudes
a normal
and beliefs
Perhaps,
some people
an understanding of
hold and are raised with
will help.
Children are usually raised in sex stereotypical roles, they
are
disciplined
with
coercion
and became tolerant of coercive
force to get what they want.
Boys are told
they do
parents are proud when they hold in
not fi!'!ht
back and
tears if they are in pain.
violence and
Families
they are
decide their
sissies if
own levels of
high levels may pass down through many generations.
11
-
may
Battering
seem
and
discipline,
more
violence
it
renamed
1S
strong
necessary over time to
becomes
Possibly,
same results.
accomplish the
when
acceptable
men may
view women as
being on the same level as children (Walker 146).
Girls are
see themselves
subservient
Women and children have
positions within
roles
in passive roles.
and
hold vulnerable
the social order and the family unit.
is used to control and dominate
both.
Most batterers
Violence
are only
violent in their own homes, nurturing society's archaic view of a
man's
to
right
supreme
specifically
legislation
enacted
During
discipline.
1973-83,
states
to modify social and societal
responses to the problem of domestic violence.
Failure
explains
its
report to
social
to
have
battering
absence
friends,
from
medical
relatives,
without
workers
accepted
professional or businessmen have
a
serious issue
and police records.
police,
evoking
as
much
clergy,
physicians and
concern.
a harder
Women
Wives
of
time proving physical
cruelty because women married to influential men in the community
are aware that if
they
immediate publicity,
seek
help
they
embarrassment, and
of their husband's career and reputation.
must
be
prepared for
the potential ruination
This is a heavy burden
to bear and these women frequently practice intricate concealment
and coverups.
For these women,
feel safe
social
because they
best behavior
and they
situations are
realize that
feel they
12
the only
the abuser
can express
time they
will be on his
their own anger.
-
Battered women
seldom know
other battered
women, they honestly
their
experiences
are
Even
believe
advocates speak
unique.
when women's
or give presentations to women's groups they can
expect some initial resistance because of
the audience's attempt
to deny
However,
the existence
of the
empathy anri compassion if
problem.
they
can
see
there will be
themselves
in equall;v
Society's response has traditionally been
vulnerable situations.
one of silence and denial.
Domestic violence is shrouded in
abusers and
male
unemployment
of
marriage
1·
such cliches
..,
<,
the
lower
by both
classes, stemming
The women
poverty.
as you
bed now
may believe
the ones you love,
always hurt
you made your
forever,
held
finane ial ,insecurity, alcohol i sm or
or
drug addiction or a culture of
and follow
myths
Some believe that it is a pathology rooted
victims.
in the socio-economic problems
from
many
lie in
it, and that
divorced women are responsible for their marital failures.
Women
may
have
certain
beliefs
keeping them rooted in
the abusive
womants
her
place
is
at
that are instrumental in
situation.
For instance, a
husband's side, no real woman leaves
because of a few family fights,
its the woman's responsibility to
keep
harmoniously,
the
family
functioning
fault if he is being violent.
and it must by her
The list goes on, she should learn
to be a better wife, you can not run away from your problems,
the
family should stay together through thick and thin.
Below is a list of ten of the most common
-
domestic violence (Walker 20):
13
myths surrounding
1)
Battered
women
are
they
masochistic,
like
it
and
deserve it.
2)
Domestic violence affects only
1~he
3)
a
percentage of
small
population.
Battered women
are crazy
or have some psychological
problem.
4)
Middle class women are not battered as often or as
violently as poorer women.
5)
Religious beliefs will prevent battering.
6)
Battered women are uneducated with few job skills.
7)
Batterers are not violent in all relationships.
8)
Police can protect battered women.
9)
Batterers also must beat their children.
10)
Battered women can always leave home.
Some of
these beliefs
exist because
they are partly true.
For example, middle class and lower class women are battered just
as
frequently,
but
since they have few
women are
lower
other
class
women use shelters more often
resources
available.
Middle class
more likely to go to a hotel or use a counselor.
10% of vic-tims
protect battered
usually
call
women 1S
the
limited.
with violence but it is not the sole
police
so
their
Only
ability to
Drinking may be associated
cause, and
only about one-
third of abusers also beat their children.
REACTIONS OF PROFESSIONALS
Professionals 1n
the medical and judicial fields and clergy
]4
are often the first contact many battered women have with someone
Unfortunately, their reaction is not
in a position to help them.
always
positive
Battered women
and
simply
report how
serves
to
perpetuate
the myths.
rare it is to tell their entire story
to someone, most listeners cut them off when they get to the more
ghastly details.
These women are often pictured as pathetic victims, trapped,
depressed, helpless, and vulnerable
a
completely
damaged
ego
and
with little self-confidence,
little
or
no
capacity to act
decisively to change their lives without counseling.
The
emergency
room
care.
Of
professional
services,
is
often
the
first
the
women
who use emergency surgical
it is estimated that 21% are battered.
contact
Most
with
abuse is
physical, but without the use of weapons, although 18% were found
to result in stab wounds (Stark v).
Battering accounts for 25% of all suicide attempts. one-half
of which
are by black women.
area are least associated
location
1S
usually
the
Injuries to the extremities or hip
with domestic
head,
face,
assault.
The anatomic
neck, throat, chest, and
abdomen.
It is possible to
type
of
injury,
the
reproductive history,
history and
distinguish between
nonbattered women by
anatomic
frequency of injury,
location,
psychosocial
problems,
sociodemographic background.
pediatric medical
Injuries are likely to
be abrasions and contusions for which no physiologic cause can be
attributed.
15
-
Yet, medical
personnel diagnose
only one battered woman in
25 and report that sometimes it is difficult
1S
in
a
battering
relationship
to tell
or an unhappy marriage.
current pattern of medical response contributes
syndrome.
While
they
may
if a woman
be
improving
This
to the battering
the health of their
patients, they are inadvertently reinforcing the social relations
that undermine the problem.
They
follow
"draw
a
the
curtain"
usually ask battered women for details
obviously fabricated
stories.
judges of their situation,
philosophy and do not
and are
quick to believe
Yet, battered women are the best
they rarely
exaggerate and
are more
likely to minimize the seriousness of the relationship.
Spiritual
advisors
are
in
a
wonderful
wealth of support for these women, but that
Battered women
and told to
are frequently
go
home
unchallenged because
and
1S
position to be a
rarely
the case.
held responsible for the violence
be
a
better
wife,
"he's confused,
of a need for discipline, the father is the
head of the household and can do as he chooses with 'his' family"
(Fortune 35).
The response
of the legal system to domestic violence often
focuses on methods of
orders,
arrest,
abusers.
Yet,
ba t t,ered
women
interven~ion
prosecution,
the
"to
as temporary restraining
conviction
purpose of
make
such
and
intervention should
sentencing
of
be to assist
justice where there has been profound
injustice."
-
Judges typically dismiss or
16
continue
cases,
issue nominal
-
or
fines
at
sentence
most,
cognizance exists
Little judicial
probation.
programs
rehabilitative
or
One judge is
alternatives.
the offender to a short period of
other
reported
as
for the
need for
noncriminal
positive
admonishing
a husband
"you know you can't go around beating your wife anymore, but if I
were you, 1 would do the same thing"
Historically,
was based
needed
for
a
jurisdictions.
complaints
violence
off
cooling
periods
of
initiating
warrant
can
partially
to
2
voluntarily
because
days
7
the
of
in
many
A cooling off period requires prosecutors to wait
a determined amount of time following
before
often
Prosecutors
wound.
domestic
most
mandatory
-
the decision of whether to prosecute or arrest
on the informal stick rule, depending on the number of
stitches
dismiss
(Fortune 112).
action.
even
be
Many
issued,
facilitate
a complaint
cases
delays
from a victim
are screened before a
are
produced
at
least
reconciliation and voluntary complaint
withdrawal.
Few states have imposed mandatory duties
else they
are limited
to highly
specialized situations.
may include specifically the handling of
restraining
orders,
Washington and Utah
decision
whether
or
informing
prosecutors
or
not
to
on prosecutors, or
These
violations of temporary
victims of their rights.
must
inform
victims
In
of their
prosecute and if not the victim's
opportunity to initiate private complaints.
One obstacle in gaining
the normally
high turnover
effectiveness
with
prosecutors is
rate of Assistant District Attorneys
17
and prosecutors.
During the existence of the
grant
aimed
available
through
However,
an
this
lessening
at
arbitration-mutual
assumed
that
the
LEAA,
woman
was a
need for prosecution
agreement
the
there
to
was
stop
violence.
an accomplice and
somehow at fault and it did not work out.
Some of the reasons prosecutors are
known not
to prosecute
include the following (Lincoln 142):
1)
There is
a strong systemic bias toward diverting or
dismissing new cases because of overcrowding within the
system.
2)
Prosecutors realize
there is
a high
by victims
complaints which are dismissed
course of
prosecution,
percentage of
during the
thus, rationalizing their
cycnicism.
3)
Prosecution is complicated
proving domestic
difficult
to
Hitnesses.
because
assault beyond
acquire
Minors
and
are
obtaining evidence
a reasonable doubt is
there
are
normally
usually
prohibited
no
from
-testifying.
4)
Prosecutors recognize that in many circumstances
arresting
an
abuser
problems and processing
only
escalates
charges
may
the
have
that
existing
a damaging
effect on other family members.
5)
-
Because
domestic
violence
misdemeanors
in
hesitant
allocate
to
most
18
cases
jurisdictions,
scarce
are
routine
prosecutors are
resources to its proper
-
handling.
PROFILES
While it is impossible to define a stereotype of victims and
abusers
dtJmestic
of
characteristics is
prevalent in
violence,
important.
an
overview
Domestic
some
common
is
just as
violence
families from all backgrounds.
However,
abused women are more visible because they seek
agencies, whereas,
of
low income
help from public
upper class women can go to hotels or private
agencies.
Victims of domestic
tolerate long
assault
term sufferring
itself
1n
complaints of feeling
Battered
women
may
a
with a
variety
tired
and
display
and depresed,
martyr like endurance and
for frustration.
possess a high tolerance
manifest
frustrated
are
This
depression may
of behaviors, such as hysteria,
other
psychosomatic symptoms.
self-destructive
patterns such as
suicide or poor problem solving skills (Gelb 6).
These women typically experience gradually increasing social
isolation until
there is
no network
this proves loyalty to their mate.
of support left,
They
they feel
view themselves poorly,
they often have some type of identity crisis, unsure of their own
ego needs; have a loss of boundaries and
unable to
assess danger accurately.
assessment skills being
Chronic patterns force them
to become accustomed to repeat abuse and violence.
Characteristics
relating to their mate are strong emotional
and economic dependencies.
-
no job skills and young
This is common for women who may have
children
19
to
support.
Battered Homen
-
excuses
provide
and
self-blame, they rationalize their spouses
violent behavior and accept the guilt.
Distrust abounds with the
being seductive
batterer
and having affairs.
accusing
self-defense
of
are
woman of
This contributes to her low
self-esteem and poor sexual self-image.
type
the
Victims
usually
more
who
use some
independent
both
economically and emotionally.
Domestic violence is most predominant in families where both
parties
accept
violence
The
resolving conflict.
isolation and
a sense
as
the terror and anger.
to establish
about
the
expressing anger and
the abuse
of helplessness.
accept,ing the
feminine stereotype;
of
means
victims endure
myths, are traditionalists
-
a
out of fear,
These women believe the
family
believing
in the
responsibility while denying
They have severe stress reactions, use sex
intimacy and
sincerely believe there is no one who
will help her.
What is it that
don't they
just leave?
whether reporting
their
keeps women
These
in abusive
women are
their situation
experience.
Since
financially dependent she
she
feels
relationships. why
compelled to consider
will actually
is
normally
powerless
and
ease or worsen
emotionally
trapped
and
in the
relationship.
Battered women
accept the
and physical force as
a
justifiable
frustration.
To these women,
is a failure
is
like
association of love and violence
solution
to
conflict and
letting the world know her marriage
admitting
20
she
has
failed
as
a woman.
--
Therefore,
this
victim
with
little
education,
few marketable
skills and no experience 1n independent living keeps
secret and
remains in
assault or kill
their
the abusive
relationship.
batterers,
death
1S
a
her fearful
For women who
more acceptable
solution than separation or divorce.
Maria
Roy
provides
a
composite
characteristics of domestic violence
following
victims,
of
they
some
common
include the
(19):
RELATIONSHIP TO ABUSER:
*
66.2% were married
24.5% were companions
5.3% were divorced or separated
4.0% some other relationship
AGE OF VICTIM:
23.5% under 25
*
46.0% 26-35 years of age
21.7% 36-50 years
6.0% 51-60 years
2.8% over 60
LENGTH OF :RELATIONSHIP:
*
45.9% 0-5 years
27.0% 6-10 years
14.2% 11-15
years
8.7% 16-25 years
About 90% of violence occurred
between 0-15 years.
4.2% over 26 years
EDUCATION: Women usually projected
21
themselves
as
more educated
and mature.
SEXUAL
10%
HISTORY:
of
the
women
had
been
involved
ln an
incestuous relationship.
Like their victims batterers
race, class,
and age.
are insecure
anger,
and feel
They
abusive behavior.
inadequecy
loser in some basic
to irrational
because of the pressures of normal life.
cite the right to discipline
and
their
religion
resentment. suspicion
like a
They are basically a bully given
violent rage
every social group,
occupation, profession, geographical area.
These men are filled with
and tension,
way.
come from
wives
flashes of
Batterers
justification for
as
generate an aura of helplessness.
insecurity
as
part
of
a
fear,
general personality
pattern.
Similar to
the women
esteem; believe the
family;
blame
they abuse.
myths;
others;
uses
sex
as
an
traditionalists
present
trouble coping with stress.
cope;
are
a
He
act
batterers have low self-
dual
personality;
uses drinking
of
concerning the
and have
and battering to
aggression to enhance his weak
esteem. may be bisexual and does not believe
his behavior should
have negative consequences (Jaffe 20).
Batterers are
pathologically jealous
and possessive; he is
dependent on his relationship with his spouse. He is terrified of
his
mate
actually
control his victim.
his
violent
leaving
him,
thus.
attempts to completely
The abuser will minimize, deny and lie about
behavior
with
a
low tolerance for frusration and
stress.
22
These men
see themselves
possess poor social
as failures.
rarely acknowledge
skills, set unrealistic goals for themselves,
emotions
or
feelings
and demand unrealisitic expectations from
Yet,
their partners.
their partners
may see
them as
charmin~,
lovable and outstanding citizens in the community.
A
composite
of
some
rommon
characteristics
of
abusers
(Roy 20).
include the following
AGE OF ABUSER:
12.0% under 25
*50.2% 26-35 years of age
26.6% 36-50 years
7.6% 51-60 years
3.6% over 60
OCCUPATION: 75% hold blue collar jobs.
FAMILY BACKGROUND: about 40% were exposed to violence as children
ALCOHOL AND
DRUG ABUSE:
in 40%
of the
cases violence occurred
only when the husband was drunk.
MORBID JEALOUSY (OTHELLO SYNDROME): 66% exhibited characteristics
25% admitted
PREMARITAL VIOLENCE:
signs existed before marriage
or cohabitation.
SOCIAL
CONDITIONS:
difficult to
poverty
and
poor
housing
conditions
estimate but gambling and crowded situations
are
l~orsen
most stressful situations.
CHILD ABUSE:
50% of the husbands extended abuse to their children
(Gelles 125).
Battering
cycles
help
explain
23
why
women develop learned
-
helplessness and
relationship.
why they
do not
attempt to escape the abusive
Learned helplessness is the sensation that you are
powerless to prevent the rest of the cycle from happening.
are three
phases of
different
stages
this cycle
life.
of
and patterns
The
There
may correspond to
possibility
of
attack
and
sustaining injury increases with the level of intimacy within the
relationship.
The first
stage
the tension building stage.
1S
includes minor battering
and if
sensing the inevitibility
.-
believing
they
behavior.
The
battering,
have
some
second
either
a
batterer ceases to
of
provides justification
the gui 1 t.
she assumes
he explodes
she
incidents;
the
This phase
Both become frantic
stage,
second
they
deny it
degree of control over the batterers
stage
is
physical
respond
the
or
to
any
explosion
of
the actual
psychological incident.
controls
and
there
The
is an
uncontrollable discharge of tension built up during phase one.
This is followed by the third stage,
phase.
This is a period of a calm/loving respite.
exhibit
gestures.
for his
the "Honeymoon/Remorse"
kindness
and
is
contrite
He tries to "make
actions; begs
again, he believes he
it up
with
can
control
loving
to her",
forgiveness and
The batterers
behavior
charming and sorry
promises never
himself
and
"this
to do it
time. "
She
believes him also and the cycle begins again (Fortune 1).
Reasons
why
domestic
violence
occurs
depends
on
an
examination of social attitudes, and the attitudes of victims and
abusers.
Perhaps,
it
can
be viewed as a complex explanation
24
-
rooted In the pathology of
taught
to
view
domination
of
in
societies
sexist
which
men are
women as their birthright.
centuries they have been given this right by
For
society, a marriage
license: a hitting license.
Violence
the result of bottled up frustrations,
IS
a denial
of rights the abuser feels are legitimate and a continual erosion
It
of self-esteem.
IS
related
to power, not one that has gone
corrupt, but the realization that there
Man's physical
and
economic
acceptance
their
an absence of power.
IS
strength
reinforces
some h'omen' s
to discipline.
However, because of
crushing economic dependence, for many women
their only recourse
of
right
is the welfare system and in order to qualify they must have left
-
their husbands and be without any other means of support.
Thus,
the
tolerance.
some
dealing with
through
sol ve
a
focus
men never
and
on
the
husband's
batter, that
situation,
experience
prob:~ems.
falls
other
example
men
and
their method of
is not
have
frustration
learned
to batter
it appears to be a way to
This may come through sex-role stereotyping as a
child as mentioned earlier.
Both
types i.e.
low
parties
may
be
instigators depending on personality
if a woman of high provocation
tolerance
for
frustration
Behavioral theory
advocates that
and
theory
anal;.rtical
frustration.
claims
is with
violence
violence is
it
is
is
a man
more
with a
likely.
a learned pattern
always
preceded
by
Domestic violence substantiates both theories.
Problems and dependencies have a long
25
time to
develop in a
marriage
and
consequently
any
violation
triggering.
of
trust
There
is
can
an
be
shattering and
intense
relationship
between battered wives and their husbands and they strive to keep
the marriage together and both see
themselves as
losing if they
separate (Duncan 102).
Trigerring incidents may be trivial or the result of stress.
Perhaps,
not
the meal was not on the table on time,
cooked
the
way
the
batterer
expenditure without authority.
prefers
or the
it
food was
or she made an
These would be the incidents that
would trigger phase two of the battering cycle.
Alan
Lincoln
cites
several
good examples of more serious
catalysts and contributing factors to abuse (31):
(1)
Arguments over
money,
either
the lack
of because of
unemployment or tight reins over the budget.
(2)
Jealousy including
sexual problems such as impotency,
frigidity, denial and excessive demands.
(3)
Alcohol and drug abuse by either spouse.
(4 )
Disputes over the children
(5)
Wife's desire
to work
outside the
home or conversely
the wifets refusal to be the sole providor.
(6)
Pregnancy, especially one that
1S
unplanned.
CURRENT LAWS
Since crimes are not defined in terms of sex or relationship
between victim and offender,
beating or spouse abuse.
few states have such a crime as wife
Since criminal law does not distinguish
between violence against strangers or friends,
26
or men
and women,
courts and
police accept
are intimates.
the offender and victim
violence when
Criminal codes do contain the
battery, aggravated
assault,
crimes of assault,
intent to assault, murder and rape.
Fortunately, all states and the District of Columbia have enacted
type
some
of
legislation
Remedies may be
either
aimed
civil
at protecting battered women.
or
criminal
with
the following
differences (Rosenberg 91):
CRIMINAL
CIVIL
PURPOSE:
Punish act & stop others
Compensate the victim
REMEDIES: Ordered
Jail sentence, fine
to cease abuse
or pay a fine.
or probation
PROOF:
Preponderance of evidence
Beyond a reasonable doubt
PROCESS:
Hire an attorney
Prosecutor acts on behalf of
victim
Yet,
as
spouse
battery
was
not
even
a
crlme
In
any
jurisdiction ten years ago, battered women had to work under laws
covering all batteries, and
mere
complaint
is
not
the crime
enough
assault and simple batteries
to
had to
justify
which occur
be witnessed.
an arrest.
A
Simple
frequently in domestic
violence situations rarely result in arrest.
A simple assault is
a threat, without a weapon. to do bodily harm. and simple battery
is when
the abuser
intentionally touches the victim against her
will.
Changes in legislation have
response
to
domestic
focused on
violence;
forms of domestic violence and
to
27
judicial
a
lesser
three areas, police
response to criminal
extent
methods of
-
providing state fundings for shelters and other direct assistance
to victims.
In only
Formal changes to
a few
states.
criminal codes
have been adopted
Hopefully, court personnel will be made
aware of the real differences
between
spousal
abuse
and other
assaults (Roy 135).
The District of Columbia and 43 other states enable battered
women
to
obtain
civil
divorce proceedings
have legislation
separate from
as was
which
make
to
new services.
orders
without
spouse
abuse
a
criminal offense
33 states have
of criminal offenses;
arrest;
So,
29
states
progress is
initiating
Eleven states
previously required.
other types
expanded police power
funds for
protection
have appropriated
being made but it is
slow and cautious.
No federal
problem.
legislation
has
been
enacted
to
address the
Bills to provide funds to shelters have been introduced
every year since 1978.
Representatives for
Act to the Child
appropriate $65
There are 140 cosponsors in
the Family
the House of
Violence Prevention and Services
Abuse Prevention
and Treatment
Act that would
million over a three year period to fund helping
services for domestic violence victims (U.S.).
Women usually turn to the legal system as a last resort when
other
sources
have
failed.
Within the last few years, legal
remedies have become more availalbe, both civil and criminal have
been
strengthened.
Her
other legal options include suing for
damages to herself or her property, having the abuser ordered out
or restrained from destroying property or harassment.
28
-
may
She
be
offered
Preventive
interventions.
restraining
orders
preventive
measures
assailants,
and/or
shelter,
institutionalization and bringing criminal
measures
include
counseling,
assistance from a social
emergency
include
emergency
family
caseworker.
chan~es
.
therapy,
court
protective
Therapeutic
ongoing
and
Both strategies
sudden and dramatic changes ln the victim's life.
the only legal
therapeutic
may mean
In many cases,
recourse for an endangered woman is either to make
a citizen's arrest of her husband or obtain a protection order or
a peace bond from the family court (Stark 40).
A number of states have broadened
alternative
sentences.
The
traditional
reluctance
judiciary to send abusive individuals to jailor
directly
by
addressed
Diversion is a
that
procedure
prosecution, conviction
voluntarily a
adopting
program
criminal conduct.
to grant
judicial pOHers
allows
the
the
prison has been
diversion
formal
of
abuser
programs.
to
put off
or sentencing if the defendant completes
designed
to
prevent
violence
or other
Successful completion results in the dismissal
of criminal charges.
Once the woman and the offender get to court issues
child custody
and property
division must
be settled.
she prosecutes in a criminal court and he must pay
he
is
found
not
Also,
if
a substantial
fine she suffers also because of her economic dependence.
embarrassment will result if
such as
guilty
Social
and the
violence may escalate.
In states
that have fault grounds for divorce. women can be
29
accused of desertion by their husbands,
distribution.
In property
inheritances
separate
and
division, most
property
property
and
joint liability.
If
acquired
debts
the
considered the
sole owner.
theirs because
of
their
thus, affecting property
of
before
the
marriage
as
either party are considered a
husband
Many
wish
states only consider
makes
payments
he
may be
women lose what is rightfully
to
bring
the
relationship and
disagreements to a quick end.
A woman's
claim for
custody may be prejudiced if she flees
without her children, she
abandoning them.
once it
lS
of
as a
their
as a
neglectful mother for
commonly engage
Batterers
either to use it
dissolution
viewed
1S
weapon against
marriage.
in custody battles
the woman
or prolong the
Many never use the visitation
established.
Both parents are expected to support the child(ren)
the parents are not married.
Yet, child support tapers off after
one year, perhaps, because of a
belief that
it is
living with
his child(ren)
man.
Wives may
even if
unfair to
second marriage
or the abuser's
pay support when he is deprived of
or if
be tempted
the woman
lives with another
to withdraw visitation rights which
she has no right to do since it is strictly a court order.
One of the biggest
responses and
legal trends
to domestjc
violence has been the widespread development of injunctive relief
to prohibjt future violence, broadening of available remedies and
measures to
limit prosecutorial
legislative changes
has
been
discretion.
the
30
One of the primary
development
of statutorally
authorized temporary
The
restraining orders.
ability to grant
such orders has been a modern innovation, before the new domestic
violence
statutes
were
enacted
no
relief prior to the formal judicial
reluctance
to
grant
ex
parte
state
provided injunctive
proceedings due
to historic
relief. or relief when only one
party is present (Roy 143).
Most legislation provides broad in.iunctive powers and relief
law enforcement
and expanded
to decriminalize some wife
severe, but
There has been a movement
duties.
assaults, penalties
would not
be as
the simplified procedure would reduce attorney fees.
The financial
burden is
question
is
is,
it
quite hefty
worth
it
for both
when
25%
parties, and the
of the women granted
temporary support never receive any money.
Since laws are not
for
adequate
police
orders, facilitation
temporary
support
there is
consistently enforced,
protection,
of
and
easy
prosecution
maintenance.
access
to
restraining
provision for
procedures,
speedy
divorce,
child visitation and legitimate procedures for
a need
regulated
battered women as
defendents.
Currently, there is no statute which will remove the
husband
a
to
shelter
to
prevent
consistently the victim who
Before an
orders,
examination of
it is necessary
entitled
protection
to
1S
notice
order
and
unless
to
the
abuse,
thus,
it
is
uprooted.
the judicial system of protection
review
a
his
hearing
hearings.
A
defendent is
prior to the issuance of a
petitioner
can
demonstrate
the
existence of an emergency by showing she is likely to suffer harm
31
-
and if the respondent is given notice; or the petitioner or other
victim was
recently a
victim of
domestic violence committed by
the defendent that resulted in injury or damage to property.
Protection orders issued after a hearing are more effective,
they are
taken more
seriously,
if the abuser does not appear it
is usually issued on default from ex parte
order
parte
requested
issued
is
After the ex
hearing may be requested,
order
temporary
the
then
a
proof.
if none is
final.
becomes
The
archetypical process provides for two hearings.
At
-
the
first
the
hearing,
offender
~s
admitted to the
programs and release is conditioned upon
making various promises
or
mandatory psychological
paroles
for
future
behavior
counseling of the offender or
second hearing,
offender
victim
mus~
the
entire
family.
During the
the offender's compliance with diversion program
requirements is determined.
the
with
must
If they are met
oonsent,
consent and
have
the court
no
he is
expunged but
prior arrest record,
counselor must
the
feel it, will
benefit the parties (Rosenberg 88).
In
Lisa
Lerman's
Model
alternatives to the second
(95) •
Some states
State
Act,
hearing, either
require a
Optional
suggests
tHO
required or optional
full hearing before a final order
will be issued and some orders become final
requested.
she
hearings
impose
unless a
hearing is
less of a burden on the
courts and the plaintiff may obtain all the relief for
which she
initially applied.
Several states
have given
requests for
32
TROs priority over
expressly
other civil actions
addressing
petitioner is
procedures that
If an emergency exists, a hearing
deliberately delayed hearings.
can be held immediately
past
with
simple
proof
requirements.
The
not required to submit detailed proof of her right
to relief, the nature is related to the seriousness of the abuse.
An order of protection is a restraining order
husband to
stay away
requiring the
from his wife or to refrain from offensive
Women often
conduct for a specific period of time.
use them to
prevent their estranged husband from contacting them prior to the
If they are married
divorce or other court action.
states can
not enjoin
a batterer
Orders are issued by a judge
evidence
presented
is
of
If he
acts of violence.
from using
who decides
though, most
his own property.
after a
hearing where
the husband's threatened or repeated
disobeys the
judges order,
he can be
cited for contempt of court. a misdemeanor (Fortune 113).
The
need
for
protection
may
be greatest during criminal
proceedings because of the threatening effects of prosecution and
its possible consequences.
to prevent further abuse;
forbidding the
Relief may be granted as final relief
exclusive possession
of the residence:
abuser access to places frequently visited by the
victim; no communication; rent and mortgage payments; alternative
housin~
payments
residence;
for
abuse;
if the
victim wishes
to move from the marital
support; custody and visitation; monetary compensation
possession
of
personal
property;
court
mandated
counseling; and payment of shelter or counseling expenses (Lerman
93).
33
-
Temporary
orders
restraining
usually 3-10 days and all
terminate
the
unless
batterer
renewal,
can
show
extension
a
the
once
short duration
other
These
will become permanent
why it should not.
or
party has
Unless a divorce has been
notice and an opportunity for hearing.
filed it is difficult to get a TRO.
for
last
modification
Victims may
request
a
orders.
They may be extended for up to 24 months. only the court
of the
can modify an order and reconcilliation
of
protection
parties does not
effect the validity of a protection order.
The Indiana Civil Procedure 34-4-5.1-3 (see Appendix) states
that a person may petition the
court for
a permanent protective
order if they have been abused by another as described.
-
section four requires them to
married
Thus,
no
dissolution
in Indiana, to get a
or
affirm
that
separation
if
However,
the
parties are
proceeding
is pending.
permanent protection
order against a
spouse for abuse requires to couple to remain married.
A peace
II
bond is an amount of money posted by the husband as
securi ty to keep the
peace"
after
evidence of misconduct is produced.
a
court
hearing
at which
The offender is guaranteeing
that he will not participate in a ceratin
behavior.
Failure to
post the bond can result in imprisonment.
Personal injury
or tort suits are also possible remedies in
which the abuser is forced to pay the victim for injury to her or
her property;
damages for
pain and suffering may even be given.
This is not a possibility for all because of the
Criminal
PJ~osecution
attorney fees.
is also possible for threats and harassment.
34
-
but a criminal court can not decide custody, property or monetary
settlements.
A protection
order is any injunction issued to prevent acts
of domestic violence,
orders issued
it
by civil
to
refers
both
temporary
and criminal courts.
and final
A civil protection
order can r.ot exceed one year.
A
seek
herself, her minor child.
a
protection
order
for
domestic violence
victim may
or any
other victim prevented from obtaining one on their own because of
They are not denied because the
a physical or mental incapacity.
victim
used
reasonable
force
in
self-defense
and
voluntary
intoxication is not a defense.
Grounds for granting a TRO vary greatly, but there are three
virtually
grounds which are adopted 1n
stop
continued
temporarily move out of
bear
the
burden
ordering thp
2)
beating;
and
trauma
from contacting the victim,
on
the
jurisdictions
include
providing
protection
no
with
-
information
contains two
abuser to
Other grounds include
enter counseling,
prevent the abuser
temporary support and attorney fees.
use
of
limiting
fo
protection
to
it
those
J'
orders
spousal
in
abuse
some
thus.
in common law marriages or
(Roy 144).
Victims may proceed with or without
none the
forces the
of a move.
cohabitation living arrangements
there is
1)
jurisdictions.
threats of physical abuse 3)
common residence,
defendant to
Restrictions
stop
all
legal represenation,
if
clerk of the court should provjde all parties
on
rights
alternatives for
and
procedures.
fee waivers
35
The
Model Act
for indigent persons
-
who seek assistance.
POLICE
Because of a
have in
~rowing
awareness of
the possibilities police
the intervention in domestic violence disputes, statutes
in this area have been changing.
been increased
For example, police powers have
(may make misdemeanor arrests based upon probable
cause); there has been an increase in police
requiring officers
to inform
victims of
responsibility i.e.
their
ri~hts
and legal
choices or transport them to a shelter (Roy 137).
Also, officers are gaining protection from
civil
liability;
police are being informed if they are responding to a chronically
abusive family member or a first
maintaining
statistical
offender.
reports
so
officers know the level of
violent families within their
beat.
domestic
programs
violence
although,
this
impact.
Yet
trainin~
training
Figure
2
has
had
shows
The departments are
The development
has
little
been
of police
implemented,
positive
behavioral
that the cycle continues if the
officer only provides a temporary solution.
Historically,
police
are
the
gatekeepers
t>
.. or
victims
entering the criminal justice system because of their discretion.
See the Appendix for a chart of the typical flow
domestic violence
victims experience with the police.
been ineffective because of
separating the
of contact most
the intervention
They have
methods of briefly
parties, warning both parties and cal] screening.
They have also been ineffective because police officers lack
,-
motivation for intervention because of the dangerousness and
36
nt
T
Failure
Find
tion
·sturbance
·sis)
Figure 2
Sentenced
Referral
Prosecut ion
D1 sturbances -[POli ce
Reported to
Intervention --+--Arrest-.......
Police
Telephone
Non
Counseling
Prosecut
ion
No Further
Action
Figure 3
Release
-
worry about civil liability.
Domestic crisis intervention is one
of the major causes of death
of officers
duty,
killed in
18% in the ten year period 1972-1981.
violence
domestic
cases
which
chronically understaffed and
The sheer volume of
presented
overworked
the line of
a
challenge
departments
is
to
also a
problem.
In addition
to the
little training on the
the optimal
fact that
causes and
police response
officers had previouslY had
violence mainly
police have historically had
control of
domestic abuse or
Also, police
to disturbance calls.
in handling domestic
limited powers
For example,
because of statutory restrictions.
they could not make an arrest unless violence continued in their
presence or a warrant
domestic
violence
had been
issued.
situations
are
Thus,
usually
a
for the police
matter
of order
maintenance not law enforcement (Duncan 16).
Traditionally, many believed that if an officer had
an
arrest,
he
had
failed
to make
to adequately handle the situation.
Figure 3 demonstrates how few offenders
actually go
through the system to the sentencing stage.
all the way
Only 4% are actually
sentenced, the rest escape the system at one of the other stages.
Police
stations
assigning
a
are
lower
attempting
priority
encouraging officers
to
to
to respond
prevent
domestic
dispatchers
violence
calls
from
and
to every request for assistance
and use all reasonable means to prevent further
abuse and ensure
the victim's safety.
Contrary
to
popular
belief,
38
the
police
can act between
calls for
service,
police to make
because laK
there
laws in
are new
arrests
without
most states allowing
This
warrants.
is important
enforcement personnel usually have the first contact
with victims because they
visible
20-60% of
Since non-criminal cases account for
married couples.
authoritative
figures
.
"
serVIces
"free
provide
and
provide
a
are highly
24 hour serVIce
(Rosenberg 88).
Since there is rarely a clear-cut violation there is greater
discretion given
Police
the officers.
more rarely make arrests, an average
every 32
domestic violence
seldom file reports and
of one
arrest
IS
made for
Yet, studies show that it
call.
better to arrest rather than separate the parties for 8
IS
hours or
attempt to informally mediate the conflict.
This is
because some women report even worse beatings after
a visit from the police using these forms of intervention.
the
police
made
an
arrest.
the
offender
When
was less likely to
assault again (19%) than mediating (37%) or separation of parties
(33%)
as
based
on
Department designed
mos t
effec1~
an
experiment
to determine
with the Minneapolis Police
which police
response was the
i ve .
The National Crime Survey discovered that 48% of all violent
incidents were not reported to
reprisal and
the view
the police does help,
compared to
the
police
because
of
fear of
that it is a private matter. Yet, calling
only 15%
of the
victims were reassaulted
41% of the victims who were reassaulted that did not
call the poline.
39
AGENCIES
700
There are about
emergency
refuge
safety and help.
and
shelters
services
in
where
the
battered
Unfortunately, because
needs can not be met.
country
that offer
women can find
of space
and money all
In Minnesota, only 45% of the requests can
be met and in Washington D.C., seven families are turned aHay for
everyone accepted (Guberman 14).
This
services.
to cut
j
largely due to cutbacks in federal funds for social
s
Of existing domestic violence
programs,
76%
have had
Most violence related services rely on public
services.
assistance for survival.
In Muncie,
-
local shelter,
Indiana, Joyce
"A Better
each month "A Bet tel'
within the
Way."
Way"
past year
411 Homen
the
Director
of the
Located in an undisclosed area,
houses
The average stay is 7 days,
days.
Houser
between
30-35
residents and
took advantage of the services.
but Homen
may remain
for up
to 30
Full is considered to be 14 overnight guests.
"A Better Way" employs 5 full time staff and has betHeen 35-
40
volunteers
advocacy, and
Hho
provide
accept crisis
to seek help after they see
safety.
Most
of
them
supportive
calls.
their
do
not
counseling,
casework,
Women are usually compelled
child
abused
or
simply for
understand any of their legal
rights.
Mrs. Houser describes her average resident as between 25-40,
low income, unemployed,
little self-control, but a survivor.
shelter currently has approximately
40
a 50%
return rate
The
with the
Like most shelters,
average interval between visits 6-12 months.
the greatest needs to date of
itA Better
more space
aid children.
and a
program to
months they have
been
able
to
Way"
increase
are
more funding,
Yet,
in the past 18
their non-residential
services.
shelters
Thus,
are
capital and an ongoing
zoning
regulations
suitable buildings
safety and
difficult
-
with much needed
financial support.
it
to
difficult
residential
find
support
especially
and
peer
purchase
with adequate
Often,
in crisis
a woman
since
ALso, many
neighborhoods
without negative community response.
run shelters are the only place
around
start
means of
make
1n
to
feminist
can find all
1S a strong
counseling
component in most shelters.
Today, when new
capaci t_y almost
shelters
immediately and
of residents may be rapid.
opened
are
they
are
filled to
remain full though the turnover
The process most women
go through to
corne to a shelter includes the following.
The
woman
must
make
that
telephone the local shelter
crisis intervention.
future.
become a
She
crucial
decision to leave and
which provides
then must
emergency refuge and
make a
decision about her
Her traumatic choices are 1- go back to the batterer and
habitual victim,
market and make
participate in
a
new
2- file
life
a treatment
or
for divorce,
3-
convince
join the labor
the
batterer to
program where he can learn to handle
stress, frustration and anger in nonviolent ways (Roy 230).
Drawbacks of shelters may
be
41
their
limited
potential for
educational or vocational training,
deal with
children
and
boys; and
space problems
Rural shelters
shelters.
their
especially adolescent
problems,
with overcrowding and lack of privacy.
have unique
In these
lack of adequate resources to
problems since
there are fewer
areas, shelter may be provided by a trailer
type of recreational vehicle which can
only house
one woman and
her family overnight then transport her to permanent shelter.
may have to park outside
a
police
station
for
It
safety (Walker
205) .
Related to the efforts of shelters are the goals of National
Organizations involved with domestic violence.
(~oalition
National
Against
Domestic
For example,
Violence
states
in
the
its
mission statement that its goal is to work for the major societal
changes
necessary
violence
against
coalition
levels:
to
women
building
at
eliminate
and
the
both
personal
children.
Their
local, state,
and
societal
work
includes
regional and national
support for provision of community based services: policy
development and
innovative legislation: efforts to eradicate the
social conditions which contribute to domestic assault.
The National Women's Aid Federation is a feminist group that
sponsors shelters
based on
Abuse by Males) Project
peer counseling.
communal leadership.
consists solely
of former
The SAM (Stop
batterers In
National groups usually focus on three types of
treatment programs:
those aimed at treating only the violent man:
social service agencies which treat the batterer along with other
clients and crisis intervention
centers for
42
battered women i.e.
YWCA.
SOLUTIONS
What
1S
the answer?
nothing can be done?
Is domestic violence so pervasive that
There is no one simple answer to
solve the
problem it must be attacked from all directions and consistently.
Several possible solutions are presented here.
One solution
career
type
specializi~g
for the judicial arena would be to institllte a
position
of
staff
as a victim advocate.
paralegal
or
legal assistant
This person could serve as an
invaluable resource in the handling of cases, but as an effective
vehicle for raising the consciousness of relevant court officers.
Instead of only focusing on state statutes it would be preferable
to
enact
domestic
violence
legislation
on the federal level.
thus, advocating the establishment of a uniform statute.
missing in
What is
most of these statutes is the training that will also
facilitate behavioral change.
Primary
prevention
education programs,
social problems.
attitudes.
is
necessary,
agencies and
People
are
consisting
of
public
support groups to confront the
only
beginning
to
change their
To accomplish this, society must (Jaffe 24);
1)
Eliminate sex-role stereotyping during child development
2)
Reduce violence in general in our society
3)
Reduce the coercion in child discipline
4)
Attempt
to
understand
the
victimization process of
battered women and reduce the learned helplessness and replace it
with assertiveness and opinions of equal opportunity.
43
-
Agency
personnel
should
be
more
supportive of women and
institutions and agencies should be encouraged
and
rules
should
ree;ulations
introduced
be
for
treating
and
rules
to enforce proper
battered women.
rewritten
to
New laws
implement
the
existing laws.
Secondary
intervention
battered women and resolve
the
early
identification
their situations
intervention
Tertiary
interference.
is
is
of
without unnecessary
the development of a
totally supportive temporary environment to provide
safety.
All
three levels must occur simultaneously.
Other
violence problem
,-
forces;
that
efforts
make
24) :
(Jaffe
are
refuges;
hotlines;
hospitals;
would
a
dent
in
consciousness
establishing
research; applying public
the domestic
raising; task
crIsIs
pressure to
units
in
assaultive men
and changing police attitudes.
For medical personnel,
solutions may start with the accurate
determination of the seriousness of the problem;
patient and
her real
situation
as
on the
situation: acquainting her with the health
consequences of abuse; and accepting the
her
focusing
far
patient's assessment of
as
seems
plausible.
Further, medical
personnel must refrain from
being
judgmental,
keeping persona]
biases under control; provide a realistic picture of services the
patient is being referred
use existing
to; helping
social support
the patient
identify and
networks and following the victim's
subsequent experience.
Domestic violence
has
been
44
around
for
a
long
time and
-
unfortunately it
above,
will continue. Even with the remedies discussed
questions
protection orders
remain.
For
play?
and treatment
as it
the world of all murder and rape.
1S
civil
through the
would be
Yet,
there is more that can be
currently being attempted.
affect the victim,
These attitudes
the
police, the medical profession,
Communities need
areas that
civil or
impossible to rid
The social attitudes and biases which exist are
obstacle.
court
It is impossible for domestic violence to
be completely eradicated just
done than
should
be enforced by arrests and penal sanctions and
what role should counseling
criminal court
example.
to support
,judiciary
the biggest
the batterer,
the
and prosecutors.
shelters and organizations in their
provided services
unrelated to
the criminal justice
system.
Federal legislation
needs to be made more uniform and funds
are desperately needed in all Jurisdictions.
made
aware
criminal.
of
their
legal
Information
Victims
have to be
choices and options both civil and
should
be
provided
orders, peace bonds, and divorce laws so
about
protection
that it does not appear
to be an impossible system of legalese.
History does not have to repeat itself.
forever.
The caveman is gone
Emperor Constantine is dead and no company is currently
manufactur'cng iron branks.
Today, we have active feminist groups
and lobbyists and the knowledge of where to begin.
45
l!)tl~[j)mttooUl
-
~rn:rt1 \7mU
tL::oornttmretl
I
I
Cooperat i ve
SUbjects
Uncooperot i ve
Subjects
Violence or
potential violence
Establish
order
Coercive
counseling
Intervi ewing and
setting rules
-
Di scussi on and
Mediation
Police assessment
of situation
r
I
I
I
Warning or
no arrest
Solved- no
further action
Brief
Counseling
Referral
-,
I
1
Departure
I
..
CIVIL PROCEDURE
(b) The notice shall be published at a cost not to exceed one dollar and fifty cents
($1.50), and in the event the same cannot be published for that fee, notice shall be given
by posting the notice at a door of the courthouse, and the clerk of the court shall post the
notice and file proof of its posting. As amended by P.L..JOS-J987, SEG.n
1987 Legislation
P.L.30~1987, Sec.31, amending this section,
was made effective July 1. 1987.
34-4-3-10
For related provisions of P.L.30~1987, see
Historical Note under section 33-19-1-1.
Fees for filing
Sec. 10. The clerk shall collect the fee provided in Ie 33-19-5--4. However, no fee may
be collected if the petitioner is a resident of Indiana. As amended by P.L.171-1984.
SEC.74; P. L. 192-1986, SEG.:J6; P.L..J05-1987, SEC.J2.
1984 Amendment. P.L.I71-1984, Sec. 74.
emerg. eff. March I, 1984, rewrote the section.
1986 Amendment. P.L.192-1986, Sec. 36, eff.
July 1. 1987, rewrote the section. which previous·
Iy read:
"There shall be charged and collected at the
time of filing the petition, a clerk's filing fee as
provided in IC 33-17-~7, which shall be the
property of the county. However, no filing fee
may be collected if the petitioner is a resident of
the state of Indiana."
1987 Legislation
P.L.30~1987. Sec.32. amending. this section.
was made effective July 1. 1987.
For related provisions of P.L.30~1987. see
Historical Note under section 33-19-1-1.
,
Chapter 5.1. Protective Order to ·Prevent Bodily Injury or Damage to Property.
Section
34-4-5.1-1 Definitions
34-4-5.1-2 Temporary protective order; petition; issuance of order
34-4-5.1-3 Pennanent protective order; petition; fees
34-4-5.1-1
Section
34-4-5.1-4 Summons to appear; issuance; service; hearing
34-4-5.1-5 Hearing; order; expiration of order
34-4-5.1~ Small claims court; assignment of
exclusive jurisdiction over proceedings by mutual agreement
Definitions
Sec. 1. As used in this chapter:
"Abuse" includes conduct or threatened conduct that if completed would cause:
(1) bodily injury as defined by Ie 35-41-1; or
(2) damage to property.
"Person" includes human beings aged eighteen (18) 0r older, and emanicipated 1 minors.
As added by P.L..J1l-198.J, SEC.I.
1.
So in 1983 enrolled act.
1983 Enactment. P.L. 311-1983. Sec. 1. added
this chapter.
C.J.3. Injunctions §§ 67, l.,41.
Library References
Injunction <3=>54, 95.
34-4-5.1-2 Temporary protective order; petition; issuance of order
Sec. 2. (a) A person may petition any court for a temporary protective order if that
person or property has been abused by another.
(b) The petition:
20
;j~.l-4
CIVIL PROCEDURE
(l) must include the name, age, and address of the petitIOner and the name and
:tddress (if known) of the person who allegedly abused the petitioner or property;
(~) must include an allegation that the petitioner or specified property has been
abused by the respondent;
\3) must include a request that the court order the respondent to refrain from
abusing the petitioner or property;
14) must be sworn to by the petitioner; and
l;i) may include a request that the court set a date for a permanent protective order
hearing unser this chapter.
Ic) The judge of the court in which a temporary protective petition is filed shall
immediately review the petition ex parte and shall issue an order directing the respondent
to refrain from abusing the pf~titioner or property if the judge finds from the petition and
other evidence that he may hear that there is probable cause to believe that the petitioner
or property was or is in danger of being abused by the respondent. In the order, the
judge shall:
(1) include the date of tr.e permanent protective order hearing (if requested by the
petitioner); and
•
(2) provide that the order expires:
(A) when a permanent protective order hearing is ,held; or
(Bl after ten (10) days;
whichever occurs first .
..1.'1 added by P.L.Jl1-198J, SEG.1.
Library References
Injunction PM, 95.
C.J.S. Injunctions §§ 67, 141.
34-+-5.1-3
Permanent protective order; petition; fees
Sec. 3. (a) A person may ;:>etition any court of record for a permanent protective order
if that person or property has been abused by another. The petition must:
(1) state the name, age, and address of the petitioner and the name and address (if
known) of the person who allegedly abused the petitioner or property;
(2) list the name and age of any other person residing in the petitioner's household;
(3) allege that the petitioner or specified property was abused by the respondent;
(4) allege, if the petitioner and respondent are married, that no dissolution or legal
separation proceeding is pending; and
(5) request relief provided under section 5(a) of this chapter.
(b) The clerk of the court may waive any filing fees if the petitioner demonstrates by
affidavit that he is unable to pay the fees. As added by P.L.311-1983, SEC.1.
Library References
Injunction PM, 95.
CJ.S. Injunctions §§ 67, 141.
34-4-5.1-1
Summons to appear; issuance; service; hearing
Sec. 4. (a) When a petition is filed, the clerk shall issue a summons to appear at a
hearing to the respondent that:
(1) gives notice of the date, time, and place of the hearing; and
(2) informs the respondent that he must appear before the court to answer the
petition.
T 34 Ind.COOe Arts. 34-2-1 to J.4-5-EncHndex-2
1987 P P.
21
CIVIL PROCEDURE
344-5.1-4
(b) The clerk shall serve the respondent with the summons to appear in accordance with
Rule 4.1 of the Rules of Trial Procedure.
(c) The hearing shall be held not more than ten (10) days after the petition is filed. As
added by p.L.JJJ-J98:J, SEX.i.
Library References
Injunction ~40 et seq., 115 et seq.
C.J.S. Injunctions §§ 69, 188.
34-4-5.1-5
Hearing; order: expiration of order
Sec. 5. (a) At the hearing, if the allegation of abuse is proved by a preponderance of
the evidence, the court:
(1) shall order the respondent to refrain from abusing, harassing, or disturbing the
peace of the petitioner;
(2) shall order the respondent to refrain from damaging any property; and
(3) if the petitioner and respondent are married, may order, If no procepciing for
dissolution or legal separation is pending:
(A) the eviction of the respondent from the dwelling of the petitioner so long as
the respondent is not the sole owner or lessee of the petitioner's dwelling;
(E) the respondent not to transfer, encumber, damage, o.!onceal, or otherwise
dispose of property jointly owned with the petitioner;
(C) either or both parties to pay child support to the custodian of any mmor
children of the parties;
(D) either party to pay maintenance to the other party;
(E) either or both parties to receive counseling or to participate in a domestic
violence education program; or
(F) any combination of the above.
(b) Any part of a court order authorized under subsection (a)(3) of this section expires:
(1) when a petition for dissolution or legal separation (with respect to the petitioner's
and the respondent's marriage) had been filed; or
(2) not more than ninety (90) days after the order is issued;
whichever occurs first. :'is added by P.L.311-1983, SEG.l.
Library References
Husband and Wife ~293.
Injunction ~54, !)fi.
34-4-5.1-6
C.J.S. Husband and Wife § 1;25.
C.J.S. Injunctions §§ 67, 141.
Small claims court: assignment of exclusive jurisdiction over proceedings
by mutual agreement
Sec. 6. The small claims court judges in a county containing a consolidated city may
by mutual agreement assign to one (1) or more divisions of the court exclusive jurisdiction
over proceedings initiated under this chapter in the small claims cQurt. As added by
P.L.31J-198:J, SEG.l.
Library References
Courts e=>179.
C.J.S. Courts § 249 et seq.
22
I
I
t
j
BIBLIOGRAPHY
Boylan,
Anne
and
Nadine
Taub,
Adult
Domestic
Violence:
Constitutional,
Legislative,
and
Equitable
Issues, Legal
Services
Corp.
Research
Institute,
Washington,
D.C.,
September, 1981, 521 p.
Duncan, Thomas, Domestic Crises Intervention for
Officers,
Brunswick
Publishing
Company,
Virginia, 1985, 144 P.
Law Enforcement
Lawrencevjlle,
~~~~~~~~~~~~~~~~~~~~~--~~--~~
Fortune, Marie and Denise
Hormann, Family Violence: A Workshop
Manual
for
Clergy and
Other Service Providers, National
Clearinghouse
on
Domestic
Violence,
Rockville, Maryland,
Number 6, April, 1981, 120 p.
Gelb,
-
.
Lenore,
Plain Talk
about ... Wife Abuse, National Institute
of Mental Health, Division
of Communication
and Education,
Plain Talk Series, 1985.
Gelles, Richard and Claire Cornell, International Perspectives on
Family Violence, Lexington
Books,
Lexington,
Mass., 1983,
173 p .
Go 0 I k a sian,
Ga iI,
.:::C...::o:...:n=f-=r'-'o=_n::..::....::t:....:i=-n=g'-----=D...:o:...:m=e-=s=--t=i..;:c~_._'V_=i=_o=l:..:e:::.;n==c...:e~:
Criminal Justice Agencies,
National
Institute
May, 1986, 176 p.
Guberman,
Connie
and Margie
Wolf,
No
Safe
Mainst Women and Children, Women's Press,
1985, 161 p.
A Gu ide for
of Justice,
Place:
Violence
Toronto, Canada,
--------------~~~~
Houser,
Joyce,
Director A Better Way,
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