Introduction
Domestic abuse may be defined as a pattern of abusive character and behavior by an individual towards another person in a close relationship such as in a family or intimate relationship such as dating. Domestic abuse can also be used to refer to domestic violence, battering or intimate partner violence (IPV). Several factors may contribute to domestic violence. These actions may include any form of physical attack such as hitting, kicking, slapping or hauling objects towards a spouse. It also includes emotional abuse, economic deprivation, controlling or neglect.
Forms of Domestic Abuse
In general, domestic abuse can be classified into five broad categories. The first category is sexual abuse in which a partner forces the other unwilling partner into sexual activity. This ordinarily may not pass to be an abuse for cases where the couple is married. However, any aggression or using of force to coerce someone into sexual participation qualifies to be domestic abuse . The second kind of domestic abuse is physical abuse. As earlier stated, this is any form of physical attack on the partner with the intention of inflicting harm. The third kind of domestic abuse is emotional abuse in which one of the partners causes psychological and emotional strain on the other partner. This kind of abuse includes embarrassing, blackmailing or demining the partner. The fourth kind of abuse is verbal abuse, in which the inflicting partner verbally abuses the partner such as name-calling, disrespectful utterances, ridicule or blaming. The final kind of domestic abuse is economic abuse in which one partner has control over access of economic resource and deprives the other any access .
Legislations
The history of domestic violence dates back several years. However, in those many years, women have suffered the most from such violence. Even as several governments and authorities try to tame this vice, it is the violence against women that is most prevalent . In the United States, several women’s right movements and human rights organizations had been agitating for legislations and laws that would outlaw domestic violence. It was after the World Conference on Human Rights held in Austria in 1993 that the federal government moved to enact legislation with regard to domestic violence. In the conference all the participating countries agreed to the Declaration on the Elimination of Violence against Women. Thus, in the following year, congress passed the Violence Against Women Act (VAWA) and signed by President Clinton into law. The Act was passed as Title IV in the Violent Crimes Control Act .
In the act, it is criminal for any person to travel interstate with the intent to inflict injury to a partner with whom they share intimacy. Thus this law is quite clear as it requires intent to inflict injury upon an intimate partner in a relation. In general, any acts of violent abuse towards an intimate partner were declared illegal by VAWA. Initially, VAWA was only limited to domestic violence and abuses among married couples. However, the provisions of this act were later expanded in 1996 to include domestic abuse in dating couples and stalking . One of the most important aspects of the Acts calls for a coordinated community effort in helping to stem domestic violence. The Act also provide for federal support for any community based organizations engaged on issues involving domestic violence.
However, this Act just like any other legislation has its pitfalls. For instance, the law for mandatory HIV testing for those charged off violence against women. Davies (1998) argues that if an individual has been charged with an offence, it is not obvious that he/she is guilty. In fact the constitution provides the right of being considered innocent unless proven guilty. Therefore this provision violates a basic constitutional right and right to privacy.
Just like the federal government, states too have legislation regarding domestic violence. One such state is the state Massachusetts which has a Primary Domestic Violence Law which outlaws any kind of domestic violence and provides guidelines on how to handle domestic violence cases . The guidelines provided by the Commonwealth of Massachusetts with regard to Domestic violence are provided under Section 14 of Chapter 403 in the Acts of 1990. In these guidelines, the law clearly defines abuse to be an occurrence in which one member of an intimate relation attempts or causes physical harm to the other member. It also broadens the definition of abuse to include placing a partner in relation in imminent physical danger.
The Commonwealth of Massachusetts has had several cases involving provisions touching on the domestic abuse laws. For instance, in the case of Commonwealth v Jacobsen, there was warrantless arrest since the Commonwealth allows warrantless arrest in cases where a person is perceived to be in serious imminent danger.
In conclusion, there are other several laws regarding domestic violence. In general, there is agreement that the majority of the victims are women. These laws have been tailored to protect the interests of the women in the society and any kind of abuse has been outlawed with stiff penalties.
References
Buzawa, E. S., & Buzawa, C. G. (2003). Domestic violence: the criminal justice response. New Jersey: SAGE.
Davis, R. L. (1998). Domestic violence: facts and fallacies. Boston: Greenwood Publishing Group.
McCue, M. L. (2008). Domestic violence: a reference handbook. New York: ABC-CLIO.
