Domestic violence is one of the leading causes of death amongst women. Women are much more likely than men to be the victim of violence at the hands of their significant others or families, but handling the situation can be very delicate. If law enforcement officials and the legal system as a whole is not careful with the way it handles domestic violence cases, the violence can often escalate, ending in severe injury or death.
In the present paper, the different models for approaching domestic violence cases for individuals in positions of authority are investigated, as well as the different laws that have been enacted to curb the use of violence in the home, and their efficacy.
In a piece by Brookoff, Cook et al., the different characteristics that domestic violence victims present with are investigated thoroughly. This is fundamentally important when it comes to dealing with domestic violence victims, particularly for law enforcement officers. The study clarifies the characteristics displayed by both the victim and the perpetrator in domestic violence situation (Brookoff et al., 1997). The study discovered that victims were unwilling to receive treatment for any injuries they may have sustained, and perpetrators were very quick to downplay the severity of the incident (Brookoff et al., 1997). The study demonstrated that due to a reporting bias, statistics regarding domestic violence will be skewed low (Brookoff et al., 1997).
Similarly, Hyman, Schillinger, and Bernard (1995) note that domestic violence is not relegated to one particular race, gender, or socioeconomic background. While women are more likely to be victims, the research done demonstrates that abuse in all its forms-- physical, sexual, emotional, and verbal-- present a significant public health problem regardless of cultural niche (Hyman, Schillinger, & Bernard, 1995). Kolbo, Blakely, and Angelman (1996) come to a similar conclusion in their research on children who witness domestic violence: those children who witness domestic violence within their homes experience negative changes in their cognitive, social, and physical development. Not only does domestic violence affect the victim, then, but it becomes a cycle that is passed on from generation to generation as a result of children witnessing violent outbursts in the home (Kolbo, Blakely, & Angelman, 1996).
Groban (n.d.) came to a similar conclusion when researching federal domestic violence laws in the United States, acknowledging that the Violent Against Women Act, an act designed to protect victims of domestic violence much more thoroughly than existing laws, allowed the federal government to take a much harsher stand against domestic violence and the individuals who perpetrate it (Groban, n.d.). In addition to the Violence Against Women Act, there are a number of state and local statutes in place that are designed to protect women against violence, each of which can be utilized by law enforcement in the quest to protect women (Groban, n.d.).
On the other side of the issue of domestic violence are those who are trying to protect the victims. These may be family members, law enforcement officers, or officers of the court; for the sake of clarity in research, this discussion will focus on law enforcement and legal personnel.
Methods for dealing with domestic violence situations have changed in recent years. In the past, law enforcement often looked the other way when called to a domestic situation, but now, there are protocols in place for officers who are responding to these situations. Research from Cowper (2012) and Division of Child Abuse and Domestic Violence Services (n.d.) suggests that modeling different domestic violence policies for law enforcement officials is important in the fight against domestic violence in the home.
Cowper (2012) is particularly thorough when discussing the criminal justice system and the changes that the criminal justice system has gone through in the twenty-first century in regards to domestic violence issues. In addition, the Cowper (2012) study proposes a number of workable solutions to issues that are contained within the criminal justice system today; these solutions are laid out in careful detail.
The IACP (2013) has laid out a much more in-depth policy model regarding domestic violence and violence against women. It addresses the many different facets of domestic violence, and includes all the different steps that law enforcement officers should take to protect the individuals involved in the situation. It is an excellent resource that covers not only the generally-accepted strategies for dealing with domestic violence, but also the lesser-known methods.
Legislation is one of the first and the last lines of defense for individuals who are victims of domestic violence. Legislation can act as a deterrent, or it can act as a mode of justice for individuals who have been victimized, including indirect victims like children (“Child Welfare Information Gateway,” n.d.). Children are particularly problematic because they are innocent and need to be protected from the situation that is going on in the home; they have little to no agency, and thus, the government, courts, and criminal justice system must be agents for them.
Some research has found, however, that services provided for victims of domestic violence by courts and other criminal justice programs do not go far enough in protecting victims (“Domestic Violence Courts,” 2011). There are, however, workable solutions around the issues that the courts have; the problem is that victims are often re-victimized. Simpson and Parmar suggest that counseling and other support services for perpetrators is a good solution to help halt the recurrence of domestic violence in situations where the victim returns to the home.
References
Brookoff, D., Kimberly, K., Cook, C., Thompson, T., & Williams, C. (1997). Characteristics of Participants in Domestic Violence: Assessment of the Scene of Domestic Assault. The Journal of the American Medical Association, 277 (17).
Cowper, D. G. (2012). A Criminal Justice System for the 21st Century. Final Report to the
Minister of Justice and Attorney General Honorable Shirley Bond.
Division of Child Abuse and Domestic Violence Services (DCADVS). (n.d). Model Domestic
Violence Law Enforcement Policy. Retrieved from http://chfs.ky.gov/NR/rdonlyres/54B7AF71-5428-4EC6-AE69-158BBFBF8031/0/ModelDomesticViolenceLawEnforcementPolicy.html
Groban, M. (n.d). The Federal Domestic Violence Laws and the Enforcement of These Laws.
Retrieved from http://www.mincava.umn.edu/documents/ffc/chapter5/chapter5.html
Hyman, A., Schillinger, D., & Bernard, L. (1995). Laws Mandating Reporting of Domestic
Violence. Journal of the American Medical Association, 273 (22).
Kolbo, J., Blakely, E., & Angelman, D. (1996). Children who Witness Domestic Violence: A
Review of Empirical Literature. Journal of Interpersonal Violence, 11 (2), 281-293.
Legislation and Policies related to Domestic Violence. (n.d). Child Welfare Information
Gateway.
Office of Justice Programs (2011). Domestic Violence Courts. National Institute of Justice.
Simpson, A., & Parmar, A. (2007). Evaluating Domestic Violence Initiatives. The British
Theiacp.org. (2013). "Model Policy." Domestic Violence. Retrieved from
http://www.theiacp.org/LinkClick.aspx?fileticket=9hw8fEjBE8k%3D&tabid=392
