Pragmatic Punitiveness: The Institutionalization of Criminal Domestic Violence Protection Orders

2021 ◽  
pp. 096466392110618
Author(s):  
Veronica L. Horowitz ◽  
Ryan Larson ◽  
Allison Nobles ◽  
Victoria Piehowski ◽  
Joshua Page
Keyword(s):  
Domestic Violence ◽  
Native American ◽  
Racial Disparities ◽  
Domestic Abuse ◽  
Physical Violence ◽  
Domestic Assault ◽  
Protection Orders ◽  
Mutual Contact ◽  
Contact Order ◽  
Case Files

This paper analyzes the implementation of a domestic violence law in Minnesota that, in 2006, made the violation of a Domestic Abuse No-Contact Order a felony-level offense. Since this legal change, the rate of conviction for Domestic Abuse No-Contact Order felonies skyrocketed with stark racial disparities among Black and Native American residents, relative to Whites. Analysis of case files reveals that Domestic Abuse No-Contact Order convictions result from a range of behaviors, from seemingly mutual contact between the defendant and protected party to serious physical violence. We argue that the Domestic Abuse No-Contact Order law facilitates pragmatic punitiveness for legal actors. It is easier for prosecutors to demonstrate contact occurred than to prove domestic assault. Yet, the penalty for a Domestic Abuse No-Contact Order is as severe as the penalties for other domestic abuse-related crimes in Minnesota. Thus, the Domestic Abuse No-Contact Order law enables prosecutors to respond forcefully to domestic violence while avoiding additional burdens on their time and resources.

scholarly journals Counteracting Domestic Violence: New Experience from the UK

2020 ◽  
Vol 14 (2) ◽  
pp. 338-350
Author(s):  
Natalya Golovanova
Keyword(s):  
Domestic Violence ◽  
Domestic Abuse ◽  
Physical Violence ◽  
Gender Violence ◽  
Genital Mutilation ◽  
Controlling Behavior ◽  
The Government ◽  
Extraterritorial Jurisdiction ◽  
Definition Of ◽  
The Uk

The author studies the experience of England and Wales on counteracting domestic violence. The article analyzes how the attitude of the society and the state to this phenomenon has changed, and, instead of being viewed as a commonplace event, it is now recognized as a serious gender violence crime and violation of human rights. Such recognition is based on the position of the UNO expressed in the Istanbul Convention of 2011; joining this Convention made it necessary for the British government to develop a new statute. This Act includes the legislative definition of domestic abuse (this term is an extension of the concept of «domestic violence» introduced at the government level), the introduction of the extraterritorial jurisdiction, more clearly defined methods of victim protection, a provision for a Domestic Abuse Commissioner, etc. The article outlines the path of the UK to the new legislative vision, starting with the development of inter-agency programs and pilot projects of victim assistance and ending with the adoption of legislative acts that criminalize different forms of domestic violence, including forced marriage, «honor» crimes and female genital mutilation. Special attention is paid to a new gender neutral crime - controlling behavior, whose introduction is viewed as unprecedented and controversial. Unlawful control is viewed as actions aimed at suppressing another person, their isolation from people close to them, and depriving them of means necessary for independence, resistance or escape. Coercion, in its turn, is an action or a model of behavior (attack, threat, humiliation, etc.) aimed at inflicting harm, at punishing or terrifying a victim. The author believes that studying British experience of developing inter-agency programs of victim support, including a program that provides information of the criminal past of an intimate partner, and the consistent criminalization of all forms of domestic abuse (even those not connected with physical violence) presents certain interest for Russian lawyers and researchers, and deserves their close attention.

7. Domestic Violence and Abuse

Family Law ◽  
2018 ◽  
Author(s):  
Anna Carline ◽  
Roxanna Dehaghani
Keyword(s):  
Social Issue ◽  
Domestic Violence ◽  
Family Law ◽  
Domestic Abuse ◽  
Legal Aid ◽  
Protection Orders ◽  
The Family ◽  
Private Matter ◽  
The Impact ◽  
Domestic Violence And Abuse

The chapter examines how, historically, domestic violence was considered to be a private matter that was none of the law's concern. While domestic violence is now recognised to be an important social issue, the historical acceptance of such abuse provides a context to understand some of the difficulties that victims face today. A key focus of the chapter is the family law remedies available for domestic abuse victims. Three key remedies are examined: non-molestation orders, occupation orders, and forced marriage protection orders. The chapter also explores some of the wider factors pertaining to the family justice system's response to domestic violence. It is important to recognise the impact of the changes to legal aid as introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the extent to which victims of domestic violence may feel threatened during family law proceedings, particularly in cases involving the arrangements for children after separation.

scholarly journals Signal for help

2021 ◽  
Vol 29 (4s) ◽  
pp. 74-83
Author(s):  
Ina Vladova ◽  
Milena Kuleva
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Student Athletes ◽  
Domestic Abuse ◽  
Physical Violence ◽  
Discrete Signal ◽  
Victims Of Violence ◽  
The Relationship

The crisis, caused by COVID-19, created a lot of issues in this world. The phenomenon of “domestic abuse” escalated. The pandemic and the lockdowns, unfortunately, aided the “abusers”. The victims remained locked with their abusers and their “escape routes” and opportunities for help decreased. Methods. The aim of the present study is to examine the level of occurrence of violence among student-athletes, as well as their preparedness and competence to react. Results. From the obtained and presented data, it could be concluded that physical and sexual violence are not widespread among Bulgarian athletes. It is noteworthy that parents are more likely to physically abuse their children than the coaches are. Also, the relationship between the athletes themselves is not under the sign of violence – 82.7% (n = 115) say that they have never been a victim of physical violence by a teammate, and three of them say they have been a victim of sexual violence by a teammate. Conclusions. Given the growth in registered cases of violence, incl. the domestic violence, as well as globalization worldwide, it is necessary to implement a unified discrete signal that can be safely shown in the occurrence of violence. This signal is essential so that it can be used when needed from children to adults, from women and men. The promotion of the international signal for help is important in order to prevent and provide timely assistance to victims of violence. It is important for people to know about it, to use it when needed, but also to recognize it when someone uses it.

Family Courts and Human Security in South West Nigeria

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Janet Oluwaleye Monisola
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Fundamental Rights ◽  
Secondary Sources ◽  
Family Courts ◽  
South West ◽  
The Family ◽  
Domestic Violence Against Women

The trend of violence against women in Nigeria has increased more than ever recently, with many women having been deprived of their fundamental rights. Violence against women in Nigeria includes sexual harassment, physical violence, harmful traditional practices, emotional and psychological violence, and socio-economic violence. This article investigates cases of domestic violence against women in South West Nigeria by assessing the role of family courts in the adjudication of such cases. Both primary and secondary sources of data were employed to examine incidents of violence against women and the role of the family courts in ensuring justice. The author employed both primary and secondary sources of data; the data gathered were analysed by frequency and simple percentages, while qualitative data were descriptively analysed. The article reveals the causes of domestic violence against women to include a cultural belief in male superiority, women’s lack of awareness of their rights, women’s poverty owing to joblessness, men seeking sexual satisfaction by force, women having only male children, the social acceptance of discipline, the failure to punish the perpetrators of violence, the influence of alcohol, and in-laws’ interference in marital relationships. It also reveals the nature of domestic violence against women. The research revealed that the family courts have played prominent roles in protecting and defending the rights of women. The author therefore recommends that the law should strengthen the family courts by extending their power to penalise the perpetrators of violence against women. 

scholarly journals Weaving Healthy Families Program: Promoting Resilience While Reducing Violence and Substance Use

2021 ◽  
pp. 104973152199844
Author(s):  
Catherine E. McKinley ◽  
Katherine P. Theall
Keyword(s):  
Substance Abuse ◽  
Native American ◽  
Family Environment ◽  
Emotional Regulation ◽  
Physical Violence ◽  
Test Results ◽  
Convenience Sample ◽  
Sugar Sweetened Beverage ◽  
Beverage Consumption ◽  
Culturally Adapted

Purpose: We examine pilot results for the culturally adapted Weaving Healthy Families (WHF) program to promote resilience and wellness while preventing substance abuse and violence among Native American (NA) families. Methods: Results were drawn from paired sample t tests and analyses of variance (ANOVA) with a convenience sample of 24 adults and adolescents from eight NA families (pretest, posttest, and, where available, 6-month postintervention). Results: Along with substance abuse reduction and prevention, t test results indicated reductions in (a) adult depressive symptoms and improvements in adult conflict resolution and health behaviors; (b) adolescent wellness; and (c) adult and adolescent resilience, communal mastery, social support, and sugar-sweetened beverage consumption. ANOVA tests revealed reductions in adult psychological and physical violence and improvements in adult and adolescent family resilience, family environment, and emotional regulation. Conclusions: Results reveal promising preliminary results for the WHF program to promote resilience and thriving while reducing risk for substance abuse and violence in NA families.

Who are the Respondents of Domestic Violence Protection Orders?

2000 ◽  
Vol 33 (1) ◽  
pp. 77-90 ◽  
Author(s):  
Anna Stewart
Keyword(s):  
Domestic Violence ◽  
Criminal History ◽  
Demographic Characteristics ◽  
Protection Orders ◽  
Violent Criminal ◽  
Couple Violence ◽  
Criminal Histories ◽  
Married Men ◽  
Economic Background ◽  
Protection Order

This study examined a sample of both male and female respondents of applications for domestic violence protection orders in Queensland, Australia. The socio-demographic characteristics and criminal histories of respondents of only one domestic violence protection order (DVPO) application were compared with respondents of multiple DVPO applications. No differences were found between the groups in socio-economic background or ethnicity. The respondent's gender, marital status, and criminal history discriminated among respondents. Females were respondents on only one DVPO application. Respondents on cross applications were more likely to be married. Men who were respondents on multiple DVPO applications were more likely to have non-spousal violent criminal histories than men involved in only one protection order application. However, Indigenous people and people from disadvantaged areas were over-represented in the sample. These results of this study provide support for Johnson's (1995) concept of two distinct forms of couple violence. The implications of these findings for understanding the nature of domestic violence and managing violent offenders are discussed.

scholarly journals 'Unheard voices’: Perceptions of women with mental illness on nurses screening routinely for domestic violence: A qualitative analysis

2021 ◽  
Vol 39 (3) ◽  
Author(s):  
Vijayalakshmi Poreddi ◽  
S. Sai Nikhil Reddy ◽  
Sailaxmi Gandhi ◽  
Marimuthu P ◽  
Suresh BadaMath
Keyword(s):  
Mental Health ◽  
Health Care ◽  
Domestic Violence ◽  
Mental Illness ◽  
Mental Health Care ◽  
Physical Violence ◽  
Tertiary Care ◽  
Routine Screening ◽  
Health Care Settings ◽  
Nursing Professionals

Objective. To explore women's experiences of violence and their opinion on routine screening for domestic violence by nursing professionals in mental health care settings. Methods. This qualitative narrative research design was carried out among 20 asymptomatic women with mental illness at a tertiary care centre in Bangalore, India. Results. Narrative content analysis was performed, and five dominant themes have emerged: 1. Understanding the nature and signs of violence (subtheme: Meaning of violence), 2. Abusive experiences of women with mental illness (subthemes: Physical violence, psychological violence, social violence, sexual violence and financial violence), 3. Experiences on disclosure of violence (subthemes: Identification of violence by nursing professionals, Experiences of disclosure of violence), 4. Barriers for disclosure of abuse(subthemes: Fear of consequences, the hectic schedule of nursing staff, helplessness and hopelessness, perceived poor family support). 5.Routine screening for violence by nursing professionals (subthemes: reasons for routine inquiry of violence, nature of inquiry by the nursing professionals). Conclusion. Women with mental illness were undergoing more than one form of violence, and most of the participants supported routine screening by nursing professionals. Nurses play an essential role in identifying and supporting abused women in mental health care settings.

scholarly journals Kekerasan Dalam Rumah Tangga (KDRT) Terhadap Perempuan: Perspektif Pekerjaan Sosial

KOMUNITAS ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 39-57
Author(s):  
Agung Budi Santoso
Keyword(s):  
Domestic Violence ◽  
Social Workers ◽  
Violence Against Women ◽  
Physical Violence ◽  
Family Counseling ◽  
National Commission ◽  
Psychological Violence ◽  
Long Term Effects ◽  
Sense Of Security ◽  
The Impact

National Commission on violence against women (2015) noted that violence against women showed a widespread pattern. The 2016 annual press release (Catahu) released that there were 321,752 of violence cases. The largest type of violence against women was violence in the personal sector. Violence in the form of rape was 72% (2,399 of cases), violence in the form of obscenity was 18% (601 of cases), and sexual abuse was 5% (166 of cases). The majority of personal violence victims (domestic / household) were women. The forms of domestic violence included physical violence, psychological violence, sexual violence and neglect of the household; while the main factor was the lack of communication and disharmony among family members. The impact in the short term was usually like a physical injury, disability, pregnancy, loss of work, and so forth; while the long-term effects were psychological disorders (psychiatric), loss of confidence, fend for oneself, trauma and appearance of fear to depression. The handling of domestic violence is one of the focuses of social workers to play a role in helping / assisting the recovery of victims. The social worker should be able to convince the victims to dare to express their problems, to give a sense of security, and comfort. Social workers in helping victims of domestic violence should have knowledge and alignment to the victims that the slightest violence is a form of crime against humanity. Victims of domestic violence must immediately obtain the protection, security assurance and social assistance. The efforts which can be done by social workers are counseling and family counseling. Those are done as a form of therapy so that victims do not feel the prolonged trauma and they can think calmly.

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