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Rule of Thumb: Issues, Laws & Legislation

 


FOR CRISIS HELP, CALL YOUR LOCAL POLICE OR THE NATIONAL DOMESTIC VIOLENCE HOTLINE AT 1-800-799-SAFE (7233).

Violence Against Partners

The abuse of women and their children cuts across all socio-economic, racial, ethnic, age, religious, and educational lines. But, those who are poor — at or below poverty level — report higher rates of abuse than women with higher incomes do. [1]

According to the National Coalition Against Domestic Violence, more than 50 percent of women are battered during their lives, and for 24-30 percent of these women the battery will be regular and ongoing.

Women are most commonly the victims of violence. Elder and child abuse are also prevalent. Acts of domestic violence generally fall into one or more of the following categories:

  • Physical Battering - The abuser's physical attacks or aggressive behavior can range from bruising to murder. It often begins with what is excused as trivial contacts which escalate into more frequent and serious attacks.

  • Sexual Abuse - Physical attack by the abuser is often accompanied by, or culminates in, sexual violence wherein the woman is forced to have sexual intercourse with her abuser or take part in unwanted sexual activity.

  • Psychological Battering -The abuser's psychological or mental violence can include constant verbal abuse, harassment, excessive possessiveness, isolating the woman from friends and family, deprivation of physical and economic resources, and destruction of personal property.

Battering escalates. It often begins with behaviors like threats, name calling, violence in her presence (such as punching a fist through a wall), and/or damage to objects or pets. It may escalate to restraining, pushing, slapping, and/or pinching.

  • The battering may include punching, kicking, biting, sexual assault, tripping, throwing. Finally, it may become life-threatening with serious behaviors such as choking, breaking bones, or the use of weapons.

  • Wife beating results in more injuries requiring medical treatment than rape, auto accidents, and muggings combined. [2]

  • 30% of women murdered in the US are murdered by their husbands, ex-husbands or boyfriends. [3]

Spouse abuse frequently has lasting, damaging effects on women's health. A survey of women's health issues revealed the strong link between abuse and a wide range of negative health and health care issues.

Of women who reported a history of any abuse (childhood abuse, rape or assault) - more than half (53%) had a high level of depressive symptoms and 22% rated their health as fair or poor. They are twice as likely as other women to smoke and nearly 40% more likely to drink regularly.

More than one-third of women with a history of abuse reported that there was at least one time when they did not get needed healthcare.

About Orders of Protection

Many studies have shown that Orders of Protection are successful in stopping the abuse. One study stated that six months after obtaining a protection order 65% reported no further abuse. [4]

An Order of Protection is a temporary civil court order that restrains one person from abusing, threatening to abuse, harassing, stalking or entering the home of another person for 180 days to one year and that provides criminal remedies for violations of the Order. An Order of Protection may also determine custody, visitation, child support or order counseling for battering or substance abuse. The specific criteria for the Order may vary from state to state. be sure to check with your local courthouse or social service agency for exact details about the Order of Protection in your state.

The need for Orders of Protection is apparent. Their potential success in protecting a battered woman and her children is greatly increased when accompanied by legal advocacy, crisis support, and safety planning and legal and social service referrals.

Petitioning for an Order of Protection can be very confusing and frustrating for a battered woman, who may not fully understand the process she is undertaking.

Mutual orders send everyone the wrong message. They encourage society to trivialize the abuse, to consider the abuse too minor to determine the identity of the real abuser. At the same time, such orders also encourage people to blame the victim rather than hold the abuser accountable.

  • Confuses and Further Empowers Abuser. Mutual orders reward the abuser and further empower him. They enable him to deny his actions and not take responsibility for them. Through mutual orders, the abuser is also able to get the entire system to focus on the victim.

  • Stigmatizes and Further Disempowers Victim. The wrong messages sent by a mutual orders stigmatize the victim.

 

How a Victim Can Fight a Mutual Order of Protection

If you have an attorney, let your attorney know in advance that you are not willing to be given a mutual order, and that you want him or her to oppose any attempt to make you accept a mutual order.

Many judges know that it is not legal for them to issue such orders and if they have been asked not to do so, they will often not risk being overturned on appeal.

If a mutual order is issued against you anyway, try to get the case appealed. Speak to your state domestic violence coalition, the National Coalition Against Domestic Violence, and other national domestic violence groups providing help. There is a fairly short time in which to ask for an appeal (usually not longer than 30 days, and sometimes less. [5]

footnotes :

  1. 1998 SURVEY OF WOMEN'S HEALTH, COMMONWEALTH FUNDS
  2. STARK, E. AND FLITERART, A.; "MEDICAL THERAPY AS REPRESSION: THE CASE OF BATTERED WOMEN"; HEALTH AND MEDICINE, SUMMER/FALL 1982.
  3. BUREAU OF JUSTICE STATISTICS NATIONAL CRIME VICTIMIZATION SURVEY, AUGUST 1995.
  4. "CPOs: THE BENEFITS AND LIMITATIONS FOR VICTIMS OF DOMESTIC VIOLENCE", NATIONAL CENTER FOR STATE COURTS RESEARCH REPORT, 1997.
  5. EXCERPTS BYJOAN ZORZA, "DOMESTIC VIOLENCE REPORT", 1999 CIVIC RESEARCH INSTITUTE, INC.