scholarly journals The Study on Additional Criminal Imposition Through Counseling Compliance in Domestic Violence Crime

2021 ◽  
Vol 2 (4) ◽  
pp. 553-568
Author(s):  
Simplexius Asa
Keyword(s):  
Domestic Violence ◽  
Social Workers ◽  
Preventive Measures ◽  
Health Workers ◽  
The Family ◽  
Qualitative Descriptive ◽  
The Law ◽  
Domestic Violence Law

The Domestic Violence Law stipulates an alternative for judges to impose additional penalties in the form of referrals for counseling aiming at providing protection to victims, either as preventive measures or preventive ones. There are three important principles that should frame the assistance provided to the victims by the law enforcers, health workers, social workers, companion volunteers, and spiritual counselors namely: (1) protection to the victims, (2) Sensitivity to the interests of the household, (3) leads to household unity and harmony. This research is designed as a normative research based on documentary research, while the analysis of the collected data is carried out and presented in a qualitative-descriptive manner. This study concludes three important things. First, additional punishment in the form of orders for perpetrators of domestic violence crimes to attend counseling so that the perpetrators can be aware of their actions and willing to change not to commit acts of violence again. Second, the implementation of counselling the perpetrators of domestic violence should take into consideration judicial and sociological requirements when providing counselling as an additional penalty in the form of orders. Third, study finds that attending counseling benefits the family in maintaining the unity of the family and that the children can be raised in a more conducive atmosphere. The weakness of the approach is that the process is time consuming and requires the deployment of more resources.

Dealing with Domestic Violence towards Complicating the Rights Discourse

2010 ◽  
Vol 17 (3) ◽  
pp. 451-478 ◽  
Author(s):  
A. Suneetha ◽  
Vasudha Nagaraj
Keyword(s):  
Domestic Violence ◽  
Public Institutions ◽  
The Family ◽  
The Law ◽  
Rights Discourse ◽  
Critical Consideration

The discourse on domestic violence in India is animated by the language of rights and empowerment in which domestic violence is seen as the condition that needs to be overcome. It imagines the women facing violence as would-be citizen-subjects, who can actualise their right against violence once the law and institutions are set in order. Inadequate institutionalisation of right against violence and inadequate individuation of women are understood to be the major problems here. In this article, we problematise these two assumptions by taking a close look at women’s interface with public institutions in the context of domestic violence. One, we point to the resources women need to mobilise in the family and community to actualise their right against this violence; two we argue that institutionalisation of this right has led to women being subject to governmental mode of power and three, we discuss the actual deployment of this right in everyday activism as a political goal, than a guarantee against violence. We suggest that a critical consideration of the working of this ‘right’ is required to understand the changing contours of women’s battles with this violence in the post-1990 period.

scholarly journals Navigating the Family Law Provisions: Migrant Women’s Voices

2021 ◽  
Vol 10 (4) ◽  
pp. 131-145
Author(s):  
Ana Borges Jelinic
Keyword(s):  
Domestic Violence ◽  
Cultural Differences ◽  
Family Law ◽  
Migrant Women ◽  
Women's Voices ◽  
The Family ◽  
The Law ◽  
Permanent Residency ◽  
Set Up ◽  
Legal Immigration

This article considers the voices of migrant women engaging with Home Affairs to guarantee permanent residency (PR) in Australia after experiencing domestic violence. Data collected from longitudinal interviews with 20 participants were considered, with two participants’ stories analysed in detail. The research indicates how the legal immigration system is set up in a way that does not listen to women and disadvantages them. Particular issues pointed out include extended timelines, lack of concern for cultural differences and inconsistencies in the process, and how they affect women undermining the goal of the law, which is to protect migrants from sponsors’ violence.

scholarly journals КОНТРОЛА ВАТРЕНОГ ОРУЖЈА И РОДНО ЗАСНОВАНО НАСИЉЕ: ЛИНК КОЈИ НЕДОСТАЈЕ?

TEME ◽  
2021 ◽  
pp. 1515
Author(s):  
Danijela V Spasic
Keyword(s):  
Domestic Violence ◽  
Partner Violence ◽  
Analytical Approach ◽  
Family Context ◽  
Adequate Response ◽  
The Family ◽  
Legislative Framework ◽  
The Law ◽  
Victims Of Violence ◽  
Istanbul Convention

In the early 2000s, estimates indicated the presence of over a million pieces of firearms and a large amount of ammunition in the possession of Serbian citizens. At the same time, the demographics of domestic violence pointed to the consequences of the misuse of firearms in the context of family and partner violence. A large number of women’s killings (annually between 30 and 40) also raised the issue of possession of (non) legal weapons, as well as the adequate response of institutions in preventing fatal outbreaks. On the basis of the fact that Serbia passed the Law on Weapons and Ammunition in 2015, in 2013 it ratified the Istanbul Convention and adopted the Law on the Prevention of Domestic Violence in 2016, and the statistics on the death by murder of women in the context of domestic violence, the analytical approach in the paper focuses on seeking the answer to the question: whether the existing legislative framework provides for the protection of victims of violence against the misuse of firearms? The findings of study indicate the need to enhance the coherence of the legislative response to the risks posed by the presence of firearms in the family context, as well as establishing stronger links between the legislative framework for the control of firearms and the laws governing the response to domestic violence and partner violence.

scholarly journals Aspek Legal Spirit Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga

SASI ◽  
2019 ◽  
Vol 24 (2) ◽  
pp. 168
Author(s):  
Elias Zadrach Leasa
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Psychological Violence ◽  
The Family ◽  
Women And Children ◽  
The Law ◽  
Article 5 ◽  
Forms Of Violence ◽  
Domestic Violence Perpetrators

Families are places where everyone in the family feels safe and comfortable from acts o violence, but in reality violence also accurs whitin the family. The enactment of Law No. 23 of 2004 on the abolition of domestic violence (hereinafter referred to as the Law of Domestic Violence) aims to prevent all forms of domestic violence, protect domestic violence victims, prosecute domestic violence perpetrators, and maintain wholeness harmonious and prosperous households. In handling it is sometimes resolved peacefully. This raises the question of whether the Law on Elimination of Domestic Violence has guaranteed the settlement of Domestic Violence according to its objectives? All forms of violence against women and children constitute a violation of human rights, so it is necessary to be protected by their dignity and dignity and guaranteed their right to life in accordance with their nature and nature without discrimination. The Criminal Act contained in Article 5 of the Act states that prohibited violence is physical violence, psychological violence, sexual violence, or neglect of the household. Many cases of domestic violence are reported but not a few are repealed by the victim for various reasons, such as still loving the perpetrator, and the perpetrator is the breadwinner in the household. The resolution of cases of domestic violence is also up to the court's decision, but this certainly brings the consequences of the objective of the Law on Elimination of Domestic Violence. Despite all forms of prevention of domestic violence, protecting the victim, prosecuting the perpetrator is reached but if the case is passed on to the court decision whether the goal of maintaining a harmonious and prosperous household unity can be achieved. The resolution of domestic violence requires the wisdom of the Law Enforcers (Police, Prosecutors, Judges).

scholarly journals New Standards in the Application of the Law on Protection Against Violence in the Family in the Republic of Srpska

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Tamara Marić
Keyword(s):  
Domestic Violence ◽  
Legal Regulation ◽  
Criminal Code ◽  
National Assembly ◽  
The Family ◽  
The Law ◽  
The Republic ◽  
Criminal Protection ◽  
Republika Srpska ◽  
First Time

Criminal protection against domestic violence in the Republika Srpska was established by the enactment of the Criminal Code in 2000, when domestic violence was, for the first time, legally defined as socially unacceptable behavior with a criminal sanction. A few years later, in 2005 to be precise, the first Law on Protection from Domestic Violence was adopted, the provisions of which took the basic form of the criminal offense of domestic or family violence from the Criminal Code and defined it as a misdemeanor. In order to prosecute perpetrators of violence faster and more efficiently, as well as faster and better protection of victims of domestic violence, a new Law on Protection from Domestic Violence was passed in 2012, which is also the most important legal regulation in this area in Republika Srpska. The said law underwent several amendments, and as such was in force until May 1 of the current year, when the Law on Amendments to the Law on Protection from Domestic Violence, which was adopted by the National Assembly of the Republika Srpska on The sixth regular session held in September 2019, which prescribes new legal solutions, which will be discussed in the continuation of the paper.

scholarly journals Gender, Domestic Violence, and Patterns of Conviction: Analysis of India’s Supreme Court Rulings

2017 ◽  
Author(s):  
Preethi Krishnan ◽  
Mangala Subramaniam
Keyword(s):  
Domestic Violence ◽  
Supreme Court ◽  
Gender Relations ◽  
Intimate Partner ◽  
Policy Implications ◽  
Court Case ◽  
Partner Relationship ◽  
The Family ◽  
Intimate Partner Relationship ◽  
The Law

Purpose: The practices and arrangements within a family can create grounds for violence. Although we agree that family processes are important, we think that these explanations downplay the structure of families (nuclear, extended) and thereby the ways in which gender relations are organized. In this paper, domestic violence is explored as an intra-family dynamic that extends beyond the intimate partner relationship and which seeps into court rulings of cases of such violence. Methodology/approach: Using archival data from 164 Supreme Court case decisions on domestic violence in India for the period 1995–2011, we examine both the patterns of conviction and the complexities of gender relations within the family by systematically coding the Court’s rulings. Findings :Analysis of court rulings show that mothers-in-law were convicted in 14% cases and the husband was convicted in 41% cases. We call attention to the collective nature of the domestic violence crime in India where mothers-in-law were seldom convicted alone (3% of cases) but were more likely to be convicted along with other members of the family. Two dominant themes we discuss are the gendered nature of familial relations beyond the intimate partner relationship and the pervasiveness of such gendered relationships from the natal home to the marital family making victims of domestic violence isolated and “homeless.” Research limitations/implication:Future research may benefit from using data in addition to the judgments to consider caste and class differences in the rulings. An intersectionality perspective may add to the understanding of the interpretation of the laws by the courts. Social implications: Insights from this paper have important policy implications. As discussed in the paper, the unintended support for violence from the natal family is an indication of their powerlessness and therefore further victimization through the law will not help. It is critical that natal families re-frame their powerlessness which is often derived from their status as families with daughters. Considering that most women in India turn to their natal families first for support when they face violence in their marriages, policy must enable such families to act and utilize the law. Originality/value : By examining court rulings on cases of domestic violence in India we focus on the power exerted by some women particularly within extended families which is central to understanding gender relations within institutions. These relations are legitimized by the courts in the ways they interpret the law and rule on cases.

Importance of Social and Criminological Analysis of the Domestic Sphere of Society Life in Preventing Family Crime

2021 ◽  
pp. 84-90
Author(s):  
O. V. Gavrilova ◽  
A. P. Nosenkov ◽  
A. A. Smolyakov
Keyword(s):  
Domestic Violence ◽  
Everyday Life ◽  
State Level ◽  
The State ◽  
Domestic Sphere ◽  
The Family ◽  
The Law ◽  
Criminological Analysis

Article provides a socio-criminological analysis of the sphere of everyday life, gives definitions of this concept by specialists in various fields of knowledge. The influence of the family on the commission of domestic crimes is considered. It is noted that in Russia there is a long overdue need for the adoption at the state level of the Law on the Prevention of Domestic Violence.

scholarly journals Domestic violence: the discourse of women and men involved in criminal proceedings

2017 ◽  
Vol 22 (1) ◽  
Author(s):  
Anderson Reis de Sousa ◽  
Nadirlene Pereira Gomes ◽  
Fernanda Matheus Estrela ◽  
Gilvânia Patrícia do Nascimento Paixão ◽  
Álvaro Pereira ◽  
...  
Keyword(s):  
Domestic Violence ◽  
Marital Violence ◽  
Criminal Proceedings ◽  
Descriptive Research ◽  
Conjugal Violence ◽  
The Family ◽  
Qualitative Descriptive ◽  
Case Files ◽  
The Creation

Abstract This qualitative, descriptive research had the purpose of analyzing the discourse of women and men involved in criminal proceedings on their experience of conjugal violence. Interviews were conducted with men in criminal proceedings for marital violence and the respective testimonies of their companions, contained in case files, were analyzed. Data were organized using the NVIVO® 11 software and the Collective Subject Discourse method. The discourses indicate that the reciprocity of the experience of violence is not recognized by the couple. While the woman sometimes transfers the responsibility of the act to the ingestion of alcohol or to herself, the man minimizes the event and questions the legitimacy of the testimony given by his companion. This points to the importance of the creation of spaces for reeducation in the perspective of gender, which would allow the recognition of the grievance by the couple and favor more respectful and harmonious relationships within the family.

THE PROBLEM OF DOMESTIC VIOLENCE IN THE CONTEXT OF ARTICLES 116 AND 116.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2021 ◽  
pp. 36-41
Author(s):  
K. K. Novikova ◽  
◽  
D. D. Khmelnitskaya ◽  
Keyword(s):  
Domestic Violence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
The Public ◽  
The World Bank ◽  
The Family ◽  
The Russian Federation ◽  
The Law ◽  
Definition Of

Currently, the problem of domestic violence is quite urgent due to the annually increasing number of victims. Besides the increased attention from the legislation to this issue, the public itself is anxious about the existing situation: victims of domestic violence are treated disrespectfully as they either excessively draw attention to the situation that has arisen, or they are blamed for a late appeal to the law enforcement authorities. The paper defines the concept of domestic violence, specifies character traits of a person committing domestic violence as well as of a potential victim. Based on the analysis of litigation practice, the authors conclude on the absence of a unified approach to the definition of crime and the existence of gaps when punishing the third episode of a committed socially dangerous act. The analysis of data of the World Bank annual research “Women, Business and the Law” and the RF Ministry of Internal Affairs on domestic violence in the Russian Federation confirmed the existence of an acute problem, which remains unsolved on the legislative level for the rather long period. Within the current research, the authors propose introducing a new domestic violence body of evidence to the RF Criminal Code, whereby domestic violence should be considered willful damage for the life and health of a person being in the family, personal, or household relations. Specified innovations will allow significantly facilitating the work of law enforcement authorities and courts when classifying the acts and imposing a just punishment through the introduction of classified types of domestic violence when implementing the protection of rights of victims.

scholarly journals DOMESTIC VIOLENCE IN UKRAINE AS A CRIMINOLOGICAL PROBLEM

2019 ◽  
pp. 197-201
Author(s):  
I. H. Bohatyrov ◽  
M. H. Kuznetsov
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Poverty Line ◽  
The Political ◽  
Urgent Problem ◽  
Social Standards ◽  
Voluntary Consent ◽  
The Family ◽  
The Law ◽  
Definition Of

The problem of domestic violence remains an urgent problem for all countries of the world, Ukraine is no exception. Unfortunately, the political and economic processes that take place in the 21st century in our state negatively affect the family and its derivative institutions. This includes an increase in the number of families who find themselves below the poverty line, regular fights and quarrels that create conflicts in the family, the spread of alcoholism, drug addiction and prostitution, a decrease in the role and influence of the state, and a change in social standards for itself Institute of the family. Among the main signs of domestic violence is the intentionality of committing and causing physical, psychological, economic harm and the like. In addition, there are reasons that prevent the victim of violence from leaving the offender, among which are: the lack of alternatives to another residence; property and financial dependence; desire to save a family; acquired helplessness syndrome; unwillingness to stop destructive marriage and more. Domestic violence is the result of deliberate actions of the person who commits it and which is supported by aggression and the desire to do harm, and not by the desire to unleash the domestic conflict through reconciliation. In 2017, the VerkhovnaRada of Ukraine adopted the new Law of Ukraine “On the Prevention and Counteraction of Domestic Violence” normatively enshrined the definition of domestic violence, according to which act (action or inaction) of physical, sexual, psychological or economic violence that occurs in the family or within the place of residence or between relatives, or between former or current spouses, or between other persons who together live (lived) the same family, but are not (were not) in the family wearing or married to each other, regardless of whether the person who committed domestic violence lives in the same place as the injured person, as well as the threat of such acts. The article notes that the latest in the country’s legislation is sexual violence. Legislative innovations, in particular, reinforce an updated approach to crimes against sexual freedom and integrity: the concept of “voluntary consent” and the fact of “penetration” are introduced – the distinction between rape and other forms of sexual violence. The law provides for consent to intimacy even from a man or wife. It is proved that violence, of course, under any conditions, is a crime. And therefore, the lack of a clear definition in the law causes incorrect qualifications and, accordingly, inappropriate responses of state bodies to criminal acts.

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