Domestic Violence and the Law: The 1976 Act and its Aftermath

1983 ◽  
Vol 31 (1_suppl) ◽  
pp. 4-25 ◽  
Author(s):  
Susan Maidment
Keyword(s):  
Domestic Violence ◽  
Battered Women ◽  
Family System ◽  
Public Attitudes ◽  
Homeless Persons ◽  
Patriarchal Family ◽  
Legal Remedies ◽  
The Law ◽  
Legislative Reforms

This paper examines the parliamentary response to domestic violence as represented in three pieces of legislation: the Domestic Violence and Matrimonial Proceedings Act 1976, the Domestic Proceedings and Magistrates' Courts Act 1978 and the Housing (Homeless Persons) Act 1977. There is also briefer consideration of the role of criminal law, divorce and the possibility of using wardship procedures and actions in tort. The author maintains that the most important need of battered women is the provision of alternative permanent accommodation, and that this must be the criterion by which the efficacy of the present law is judged. With this in mind, the provisions of the three major Acts are described and evaluated, with most attention going to the 1976 Act. Maidment's general conclusion is that the promises held out by the legislative reforms ‘do not appear to have been fulfilled in practice’. The legal remedies are available, but the ways in which they are interpreted and implemented mean that battered women are inadequately protected. Violence against women has to be seen in the context of a patriarchal family system and the subordinate status of women. The law, on its own, cannot change deep-seated public attitudes, although it may have an important symbolic and educative role to play in contributing to such a change.

Silencing Women's Voices: Nuisance Property Laws and Battered Women

2015 ◽  
Vol 40 (04) ◽  
pp. 908-936 ◽  
Author(s):  
Gretchen Arnold ◽  
Megan Slusser
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Battered Women ◽  
Gender Inequality ◽  
Qualitative Data ◽  
Organizational Structures ◽  
Women's Voices ◽  
Law Enforcement Officials ◽  
The Law ◽  
Enforcement Policies

There is little documentation about how nuisance property laws, which fine people for excessive 911 calls, affect victims of domestic violence. In St. Louis, we found that police and prosecutors believe that the law benefits victims of domestic violence by providing them with additional services. By contrast, advocates for domestic violence victims believe that the law undermines battered women's access to housing and discourages them from calling 911. Using qualitative data, we analyze how the organizational structures and dynamics within which each group works give rise to different stocks of working knowledge. We conclude that law enforcement officials are unaware of these harms because women's voices and experiences are marginalized during the enforcement process. This research reveals mechanisms through which law enforcement policies reinforce gender inequality, and illustrates some ways in which gender relations and power come into play in what, on their surface, appear to be gender‐neutral laws.

scholarly journals Frontline Response to High Impact Domestic Violence in Portugal

2021 ◽  
pp. 215-238
Author(s):  
Paulo Machado ◽  
Lúcia G. Pais ◽  
Sérgio Felgueiras ◽  
Carina Quaresma
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Criminal Law ◽  
High Impact ◽  
Law Enforcement Agencies ◽  
Social Transformations ◽  
National Network ◽  
The Law ◽  
The Government

There have been profound social transformations in Portugal in the last 50 years. Portugal currently adheres to the international and European agenda to prevent domestic violence. In the chapter the Portuguese legislation and the reporting figures regarding domestic violence, the role of the Law Enforcement Agencies, other first responder agencies, and pertinent stakeholders in responding to high impact domestic violence, as well as the National Network for the Support of Victims of Domestic Violence, are addressed. The authors also discuss good practices and significant challenges. Two of these are intertwined – none of them is quickly addressed, nor can they be addressed by themselves. One is developing a collective attitude that considers domestic violence as unacceptable behaviour, besides being punished by the criminal law. The other is directly posed to the law enforcement agencies and has to do with the increasing complexity of the operational procedures (derived from the new tools presented by the government recently). The problem of elites provoking social change on a superlative level is to forget that adopting new social models is not achieved by decree but through social influence processes, which takes time.

scholarly journals LEGAL AND PSYCHOLOGICAL ASPECTS OF DOMESTIC VIOLENCE

2018 ◽  
Vol 64 ◽  
Author(s):  
O.I. Zinsu
Keyword(s):  
Domestic Violence ◽  
Depressive Disorders ◽  
Psychological Aspects ◽  
Scientific Article ◽  
Focused Attention ◽  
Psychological Violence ◽  
The Public ◽  
The Law

The scientific article is devoted to the coverage of certain aspects of psychological violence as a form of domestic violence and as a form of unlawful behavior of a person. The said basic legal acts concerning counteraction and prevention of domestic violence in Ukraine. Focused attention is paid to the consequences of psychological domestic violence in the form of depressive disorders. Attention is drawn to the program for the victim and the program of the offender, which are reflected in the Law of Ukraine "On Prevention and Combating Domestic Violence". The list of persons covered by the legislation on prevention and counteraction to domestic violence, regardless of the fact of joint residence, is indicated. Depressive disorders are described as consequences of psychological domestic violence. The role of the public and state structures in the implementation of legislation on the prevention and counteraction of domestic psychological violence is outlined.

scholarly journals Role of Social Worker in National Center for Victims of Domestic Violence

2016 ◽  
Vol 12 (23) ◽  
pp. 199
Author(s):  
Sabina Belshaku
Keyword(s):  
Domestic Violence ◽  
Social Workers ◽  
Battered Women ◽  
Social Worker ◽  
The State ◽  
Positive Assessment ◽  
Study Type ◽  
Forms Of Violence ◽  
Shelter Services

Social worker on shelter should be familiar with the process of domestic violence. This involves the various forms of violence, consequences of violence, and ways of assisting victims of domestic violence. The aim of this study is to determine the overall objective of the role of social workers in national centers for victims of domestic violence. Also, this study aims to contribute to the improvement of services provided by the state for battered women. Through the application of qualitative research method conducted in the center of battered women retained in the estimated service, Kamëz was a source of comfort to abused women and how they are integrated into the society after leaving the shelter. This study relies on the theory of Social Work Feminist intended to be applied to a study type of ethnographic concentrated in the center. This is based on its history, operation, the view of the center, and the data obtained from documents, archives, and available data center. The data was obtained through observation, focus groups, and interviews with mixed application of semi-structured and structured. Most of the respondents claim that they know and have used the shelter services. Hence, we can say that there is a positive assessment of quality. We conclude that existing services are effective enough, enjoyable, and qualitative. Women emphasized that the state should intervene more to meet their needs, such as the need for more information and sensitization about violence. This requires an increase in economic aid from the state as well as important services, such as psycho-social support. Also, the role of social workers in national centers for victims of domestic violence should be expanded and strengthened.

scholarly journals Obstacles facing the application of the law of protection from abuse, from the point of view of workers in the Social Protection Department  in Makkah Al-Mukarramah Region: المعوقات التي تواجه تطبيق نظام الحماية من الإيذاء  من وجهة نظر العاملين في إدارة الحماية الاجتماعية بمنطقة مكة المكرمة

2020 ◽  
Vol 6 (4) ◽  
Author(s):  
Fahad Ahmad Apopakr Almalki
Keyword(s):  
Domestic Violence ◽  
Social Workers ◽  
Financial Incentives ◽  
Social Protection ◽  
Electronic System ◽  
Point Of View ◽  
Steady Increase ◽  
The Social ◽  
The Law

The aim of the research is to uncover the obstacles facing the application of the law of protection from abuse, in the face of domestic violence, from the workers' point of view, using the case study approach. For collecting data, the study relied on the interview and simple observation tool. The research community consists of specialized workers in the three cities during the study period, as their number reached (41) employees. The most important results were an increase in the volume of reports of domestic violence and a steady increase, with the total number during the three years (2107, 2018, and 2019), respectively (4748, 25375, and 33085). The results showed that the Social Protection Unit in the three cities plays a good role in handling reports of domestic violence and dealing with them. It also showed the weakness of the work environment in all its details, in terms of offices, devices, electronic system and means of communication, the lack of transportation, the absence of a shelter in Makkah Al-Mukarramah and the need for many cases to enter the home and the difficulty of accepting cases in other regions. The lack of a cadre of social workers, psychologists and administrators, the lack of financial incentives, the lack of a cadre of social workers on par with the psychologists, the poor knowledge of some employees about the role of social protection, the absence of a task guide for the employees, the lack of specialized training courses, as well as the new psychological measures, the female employees assigned to the role observers inside the home are not qualified to deal with cases of protection and social work, the weak role of the authorities in cooperation with social protection, and the lack of awareness of the importance of their work, and the weak response of the police. In light of these results, a number of recommendations were developed to reduce these obstacles.

Community Service as an Alternative Form of Punishment under the Domestic Violence Act 1994 in Malaysia

2021 ◽  
Vol 12 (3) ◽  
pp. 1147-1155
Author(s):  
Daleleer Kaur Randawar Et.al
Keyword(s):  
Domestic Violence ◽  
Comparative Study ◽  
Community Service ◽  
Research Methodology ◽  
Family Relationship ◽  
Alternative Form ◽  
Legal Research ◽  
The Law ◽  
Legislative Reforms

This article intends to explore the punishment meted under the law relating to domestic violence in Malaysia.  The investigation extended to an analysis with the need to implement and introduce community service as a form of punishment for domestic violence offences. A comparative legal research methodology is employed in comparing the positions in Malaysia and certain selected jurisdiction. It is expected that the findings of this paper will look into the need to introduce and implement community service as a form of punishment which will optimisticallyencourage repentance by the offender and preserve the sanctity of marriage. Community service as a form of punishment will be a great intervention that will more likely emphasize the responsibility of the wrongdoer in healing a family relationship. The article seeks to suggest legislative reforms which will involve a comparative study of other comparable jurisdictions.

scholarly journals Challenges in the Protection of Domestic Violence Victims in Azerbaijan: An Overview of the National Legislation in Light of the 2011 CoE Istanbul Convention

Teisė ◽  
2019 ◽  
Vol 112 ◽  
pp. 247-259
Author(s):  
Gulnaz Alasgarova
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
National Legislation ◽  
Victim Status ◽  
Legal Remedies ◽  
Domestic Violence Victims ◽  
The Law ◽  
Istanbul Convention

This article focuses on the following issues: the list of people offered victim status under the Law on Prevention of Domestic Violence of Azerbaijan, the legal remedies available to them, and the legal measures taken by state authorities in all kinds of domestic violence episodes. Additionally, the Law is scrutinized in light of the CoE Convention on Preventing and Combating Violence against Women and Domestic Violence. Hence, the benefits and shortcomings of the current legislation are easily found.

Criminological Study of Domestic Violence in Iran

2020 ◽  
Vol 8 (3) ◽  
Author(s):  
Rashin Ziya ◽  
Ahmad Ahmadi
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Women's Rights ◽  
Women’S Rights ◽  
Social Harm ◽  
The Law ◽  
Library Method ◽  
Role Of Men

Violence against women is a common and unfortunate phenomenon whose widespread dimensions cause a lot of personal and social harm to them, family and society. This study was conducted by library method. The study was performed aimed at investigating the violence against women in Iranian society with a criminological approach. Many women have traditionally accepted some violence or are unaware that it is violent because the law does not criminalize it and has the support of custom and religion to legitimize it. In this study, the types of domestic violence and its examples that occur against women and most of them may not even be considered violent were first mentioned. Moreover, legal and criminal laws effective in creating or exacerbating violence against women and the role of common traditions in Iranian culture as well as harmful customs and habits were examined. Women's rights organizations argue that legal weaknesses need to be addressed and eliminated, and that governments should to be encouraged to comply with the law and change inappropriate laws. At lower levels, violence against women must be curbed socially by helping to grow women's NGOs, and thus raising women's awareness of their rights to violence. However, the presence and role of men in eliminating violence against women is essential, and violence cannot be eradicated without the cooperation of men. Men must also be forced to break their silence and enter this arena.Keywords: domestic violence, criminology, domestic violence.

Silent Voices: A Critical Analysis of Surrogacy’s Legal Journey in India

Social Change ◽  
2019 ◽  
Vol 49 (2) ◽  
pp. 344-352
Author(s):  
P. M. Arathi
Keyword(s):  
Political Economy ◽  
Family Structure ◽  
Critical Analysis ◽  
Family System ◽  
The State ◽  
Commercial Surrogacy ◽  
Patriarchal Family ◽  
The Law ◽  
False Premise

After two decades of debates, the law governing surrogacy in India was passed during the winter session of the Parliament, and Surrogacy (Regulation) Act 2018 came into existence. This new law prohibits commercial surrogacy on grounds of preventing exploitation of surrogate women and to protect the rights of children born out of surrogacy. The Act allows only ‘ethical altruistic’ surrogacy. This commentary criticises the false premise of the legislative understanding of identifying patriarchal family structure as exploitation free and argues that the complete ban of commercial surrogacy is not the answer to the exploitation of women who act as surrogates in the current Indian political economy. The author identifies the process of new surrogacy law as a Hindutva morality phase where the inherent violence and exploitation within the patriarchal family system is hidden by the state acting as a benevolent lord.

scholarly journals Attitudes of police officers of the Police Department in Sremska Mitrovica regarding family violence and application of Law on the Prevention of Domestic Violence

2021 ◽  
Vol 63 (1) ◽  
pp. 133-150
Author(s):  
Milena Vranešević
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Police Department ◽  
Current State ◽  
Criminal Charges ◽  
The Law ◽  
Mutual Relations ◽  
The Right ◽  
System Frequency

The aim of this research was to examine the attitudes of police officers about some characteristics of domestic violence, with special emphasis on the implementation of the Law on the Prevention of Domestic Violence. Empirical findings were gathered by the survey encompassing 31 police officers from the Police Department in Sremska Mitrovica who have obtained certificates in accordance with the mentioned law. Following data collection, a statistic method was applied to sort, classify and process them at the level of descriptive statistics and the computer program IBM SPSS Statistics 20 was used for this purpose. This research has determined the frequency of various forms of domestic violence, structure of victims and perpetrators, as well as their mutual relations. It has pointed out the scope and some of the reasons for the existence of a dark number of domestic violence, especially in cases in which children exerted violence against parents and in which policemen were in the role of a victim or a perpetrator. The most frequent reasons have been determined for not abandoning a violent partner, recalling criminal charges or misuse of the right to report domestic violence. Given that one of the innovations in the Law on the Prevention of Domestic Violence is the implementation of urgent measures within the national legal system, frequency of their implementation is also subject matter under research. A particular part of the research is dedicated to examining the current state in terms of cooperation among the police and other competent state organs and institutions in cases of domestic violence, which could be the basis of consideration for direction and extent of its improvement.

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