Domestic Violence Has Been Around

Domestic Violence has been around for centuries. At one time, it was more accepted, and used as a form of 'correction' when men believed a wife was not acting the way she should or showing them the proper respect. Now, domestic violence is not tolerated by law enforcement officers, and it does not affect just women anymore. Men can be victims of domestic violence, too.

Domestic violence is a very prevalent problem for law enforcement officers in all areas of the country, and in all age and income brackets. It does not discriminate on the basis of age, race, gender, income, or social status, and law enforcement agencies are trying to aggressively combat it. The public wants to see it stopped, law officers want to see it stopped, and the victims of it want to see it stopped.

Unfortunately, due to the stress of their jobs and other factors, many domestic violence abusers are the ones that have vowed to put a stop to it -- police officers. This is not only very devastating to their family life, but it hurts the community as well when someone expected to protect them is found to be abusing the ones he should take the best care of.

Officers who commit domestic violence make the police department they work for look bad, and undermine the integrity that they have worked so hard to gain from the community. Law enforcement leaders cannot look the other way when one of their own is involved in a domestic dispute, and must uphold the law to protect the victim as well as the reputation of the police department.

There are several factors to be looked at when considering what domestic violence really is and what to do about it. Law enforcement leaders can help stop domestic violence among their own ranks and among the other people who live in the community by demonstrating good leadership. It is vitally important that law enforcement leaders address all of the concerns that come with domestic violence, such as who can be defined as victims, and what makes up the components of domestic violence.

In defining domestic violence, the nature of the relationship between offender and victim has to be considered. To be 'domestic' violence, the abuse has to be inflicted on a spouse, child, parents, or anyone in a similar relationship. It does not have to be physical, although it often is. It can also be emotional, sexual, or even financial.

Certain characteristics are used when determining whether something falls under the category of domestic violence. In general, it must occur within an intimate relationship. There is a perceived 'safety' in the confines of an intimate relationship that is not found with others in the community. There is usually not the threat of someone else seeing the violence happen or reporting it to someone else unless the victim chooses to. Very often, the victim does nothing and the violence continues.

Domestic violence is also a 'learned behavior'. This means that it is not genetic, or caused by stress, alcohol, drugs, or any of the other reasons that are commonly used as excuses by abusers. Some of these elements do increase the chances that domestic violence will occur, but they are mitigating factors, and not the actual cause. The domestic violence behavior has to be learned and accepted by the victim. It becomes the expected way of behaving toward members of the family. This behavior is recurring and usually involves several abusive behaviors instead of just one.

In the 1990's, there was a change in the way people perceived domestic violence. Most states used to ignore the problem and consider it a private matter between family members, but that changed. Many states became actively involved in trying to stop domestic violence, and passed laws about what was abusive behavior and what the consequences would be. Unfortunately, not all states responded so well to the public concerns over domestic violence. Some states said that they were concerned about the problem, but did nothing to help victims. One of the reasons that states began to do something about domestic violence was the Women's Movement. While it is true that men can be abused as well, most of the victims of domestic violence have traditionally been women, and it remains so today.

As the fight against domestic violence grew, national legislation was enacted in many countries against domestic violence. What was once a private problem became a statewide problem, and then became a national problem. Abuse continues, however, despite repeated attempts to stop it.

Because of the concerns about domestic violence in the police force, law enforcement agencies have begun screening potential officers to see if they have psychological traits that are associated with abusers. Many of the traits that make someone an abuser also make them a good law enforcement officer, which could be why many police officers end up abusing their families in some way. Law enforcement officers tend to want to maintain control over things, especially in tense circumstances. They also want a position of authority and power, and have the presence to use weapons or other forms of physical control when they become necessary. These traits are all very common in domestic violence abusers. The difference lies in being able to control aggressive tendencies effectively. Officer candidates who cannot restrain their aggressive impulses toward others are quickly weeded out of law enforcement academies.

Unfortunately, removing someone from a law enforcement academy for violent behavior does not stop them from abusing their family members. One of the ways that law enforcement is using to try to stop domestic violence is to make people aware that it can happen to anyone, even them. Posters about domestic violence can be found in many locations, including stuck on the mirrors in women's restrooms. Media campaigns are also out there to warn women (and men) that being beaten and mistreated is not appropriate behavior. Many victims of domestic violence are so convinced that they would be nothing without their abuser that they can not imagine leaving. They feel that they must have done something wrong to be hit or threatened or mistreated, and if only they can get it right that person will love them again.

The problem with the victims' reasoning is that they do not realize it is not their fault. The abuser is the one that has the problem, and the victim cannot fix it until the abuser is ready to get help for the anger and feelings that they hold inside of them. Counseling is important for the domestic violence abuser. Often there are issues the abuser is wrestling with that cause the behavior that escalates into mistreatment of loved ones.

Many law enforcement agencies have instituted a 'zero tolerance' policy for domestic violence. This policy applies to the general public, and also to their officers. It is important that the policy clearly state the punishment for offenses and any other repercussions that could come from a domestic violence allegation. Policies for subjects like domestic violence should be straightforward and simple. Too much complex language will become confusing and prone to loopholes. The law should be clearly spelled out in its simplest terms, stating what is unacceptable behavior and what will be done about it.

Another area in which law enforcement is trying to protect the interests of domestic violence victims is social services. Once victims understand that the mistreatment they are undergoing is not their fault, they will need to know what to do to help themselves and their abuser. While some victims just want to be free of the abuser, others want to keep the relationship and avoid the abuse. If the abuser is willing to undergo counseling, there is a chance that this can be accomplished.

Many state programs for domestic violence are remarkably similar in their approach. In addition to media campaigns for education, social services provide training for those that might come into contact with the victims of domestic violence, such as nurses, doctors, and other employees of the public sector. When victims come to social services, they often find the help they need. Typically there are telephone hotlines the victim can call, as well as counseling, legal services, and shelters. Much progress has been made toward protecting the victims of domestic violence, but many state-run programs suffer from a lack of funding, and are not able to help as many victims as they would like to. There are many more victims than there is money and space to help them.

Until more funding can be given to domestic violence programs, there will always be difficulties in helping all of those in need of services. It is also a problem that many victims cannot be convinced that their abuser is the one that is wrong, and they refuse to leave. They feel that if they leave, their abuser will kill them. What they do not realize is that their abuser may kill them if they stay. Some domestic violence cases do end that way.

The law enforcement community must present a united front with state agencies against domestic violence if it is ever to be stopped. Until abusers can be brought to justice there will always be frightened victims living their lives, blaming themselves for the bruises.

When domestic violence occurs, many people suffer. The victim is in pain, obviously, but often the person who was violent feels bad about it afterwards. They say they will not do it again, but many do. Quite a few victims stay with abusive partners. Some stay because they have nowhere else to go and feel that no one else would want them. Others stay because they really believe the 'I'll never do it again' line every time it is said. When victims decide to leave, however, it's important for them to know that they have somewhere to go and that the law will be there to protect them. The Evidence Codes are very important because they tell the court what is and is not allowed to be discussed during the trial. Evidence code 1109 is especially important to domestic violence victims.

In section 1109 of the Evidence Code, the law states that "evidence of the defendant's commission of other domestic violence is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352." In order to understand what this means, and why it is so important in domestic violence cases, a discussion of the information contained in Sections 1101 and 352 of the evidence code is needed, as well as a clarification of how these two Sections tie into Section 1109.

Sections 1100-1109 of the Evidence Code all relate to character traits in an individual. Evidence of the defendant's conduct can be used in some circumstances to show his character, but it cannot be used in all cases. Fortunately, domestic violence is one of the areas where previous convictions and instances of violence can be brought into the courtroom as evidence of a character trait toward domestic violence. This can be very important for the victims of domestic violence, as the chances of the defendant being jailed are much greater if his history shows past violence toward domestic partners as well as the current charges against him.

Section 1101 of the evidence code states that evidence of a person's character is inadmissible, unless it belongs in a category which has an exception to that rule. Section 1109 is one of those exceptions. The rest of Section 1101 goes on to explain that the evidence of the crime is admissible, as is the motive and the matter of whether a woman consented in a rape case. Evidence offered in support of or attack on a witness' credibility is not affected by Section 1101.

Based on the information given in Section 1101, it would be impossible to get prior convictions brought to light in a domestic violence case if it were not for the exception of Section 1109. Many repeat offenders would have slipped through the cracks of the justice system without this exception.

As for Section 352, this is the opposite side of the coin; the side where people bringing previous domestic violence information to light have to be careful. Section 352 states that the value of the evidence that the court decides to allow must be stronger than the chance that the same evidence will cause excessive prejudice against the defendant. The evidence also cannot be used to mislead the jury or confuse the issue at hand.

What the Evidence Code is actually saying is that when someone commits an act of domestic violence and is put on trial for it, any evidence that is brought out must not be unduly prejudiced against the defendant. Prior convictions would be acceptable, because they are fact, but information from other people who want to make the defendant look bad by speaking out against him would likely not be allowed.

The wording of the Evidence Code also shows that domestic violence is an exception to the rule. Originally, Section 1101 was designed to keep prior convictions out of the evidence presented at trial, presumably because it could prejudice the jury against the defendant and hamper his right to a fair trial. The exception of Section 1109 shows that where domestic violence is concerned, the issue is so important to society that the courts have decided to allow prior convictions in as evidence in the hopes that it might be shown whether the defendant has a character trait for violence against domestic partners.

While some might feel that this is also prejudice, others - including victims of domestic violence - would likely feel that until the jury sees someone as a 'repeat offender' and realizes the damage he has done, they will not be inclined to make sure he stays in jail. Keeping the defendant in jail is the best way to keep the victims safe. Restraining orders are only pieces of paper, after all, and the police cannot be everywhere at all times.

The Evidence Code exceptions made for domestic violence give an indication of how far this country has come in looking at this problem. It was not long ago that domestic violence was considered a 'family problem' that was to be dealt with behind closed doors and did not involve law enforcement. Now that it is seen as something much more serious, the courts have created ways to help the victims much more than in the past.

To understand why this is so important, it is necessary to look briefly at the highlights of the laws enacted to help fight domestic violence. Although the first 'battered women's shelter' was opened in 1965, there were still not many laws on the books to help the women. It is true that men are sometimes victims of domestic violence, but it is also true that women are the victims much more often. Most of these victims, when they left their abuser, would stay with friends or relatives. After the opening of the shelter, they had somewhere safe and guarded to go to.

In was not until 1985 that a mandatory 48-hour jail time for violating restraining orders was enacted. Up until that time the violator could be arrested and then back out on the streets just a couple of hours later to see what other damage they could do. A 48-hour jail sentence gives the angry person time to cool off a little bit, and it gives the victim time to move (if it is absolutely necessary), change the locks, change the phone number, or whatever they need to do to feel safe again.

In 1990 people who had restraining orders placed against them were forbidden to buy a gun. This was beginning to show that there was concern about people who were domestic violence abusers. There was obviously a feeling that they might do it again, or the gun law would not have become a concern. Many abusers who find that they have a restraining order against them become even more violent than before.

Between 1990 and 2000 the laws and regulations created to help victims of domestic violence grew rapidly. More shelters were established, more laws were put on the books, and more healthcare workers were being trained to look for signs of domestic violence in anyone they treated. So much of this was occurring that people were beginning to realize domestic violence was a much larger problem then had previously been realized, and the courts were finally doing something about it.

Now, when a defendant is charged with domestic violence, any other assaults from the past can be brought into the court room and told to the jury, allowing them to decide if this event was probably a one-time occurrence of lost temper, or whether the defendant is a dangerous person who will only continue to hurt others if left loose on the streets. Lawmakers were very smart in enacting this section of the Evidence Code. Many people have undoubtedly been helped by it, and many people have been jailed who would have otherwise been walking the streets. By jailing them, the world is much safer for the previous and potential future victims of domestic violence.

Social workers often have the chance to stop the cycle of domestic violence for individuals that have been referred to them by law enforcement. Often times, these domestic violence victims are taken to the hospital while the abuser is taken to jail. When this happens, a social worker will generally come in and talk to the individual that has been abused regarding getting help to stop it from happening again. Not all victims respond well to this, however, because many of them feel that they have to be with their abuser and that they love him, regardless of the way that they are being treated. This can come from low self-esteem and other emotional problems or it can also come from a pattern of abuse that may have started in childhood and has continued. In other words, the individual does not know that there is another way, a 'right' way, to be treated.

For those that have had enough of the abuse and are truly willing to listen to the social worker, however, there is both help and hope. Social workers can come up with many different types of plans that can be carried out to help victims of domestic violence protect themselves and others (such as children) from abuse. There are safe houses that these people can go to and there are also other means for them to protect themselves and get out of their abusive situation. Restraining orders are often suggested by the police, but these only work if the abuser is willing to follow and obey the law, and many abusers are not. This is unfortunate, but there is often little that can be done until the abuser violates that order and by that time the victim or others close to her may have been seriously injured or even killed.

This is one of the reasons that social workers advocate safe houses and other means that can be used to help individuals move away from an abusive relationship. For example, in a case where a woman has been abused and is really ready to stop the abuse, the social worker might arrange for her to leave directly from the hospital so that she will not have to return home to face 'leaving' her abuser, which could be very dangerous. If this is not an option, the woman can be escorted by police while she picks up her things, so that there will be much less chance of any type of violent confrontation with her abuser and the police will be there to protect her if the abuser still makes an attempt to harm her.

In cases of severe domestic violence it is essential that the abuser not know where the victim has gone and not be able to locate the victim through any reasonable means. It is very hard to simply 'disappear,' but social workers do their best for victims that want to do this so that the victims can start a 'new life' somewhere else where they do not have to live in fear of the abuser finding them and what might happen if and when he does. This does not mean that any of these women are never tracked down, but abusers are not usually that persistent. They may try to find the victim for a while, but will then usually move on to finding someone else to abuse. Not all abusers are like this, however, and some really do 'learn their lesson,' but the majority of them continue a cycle of violence against others, especially if they do not seek treatment for their abusive behavior.

Once the victim has been removed from the situation the real work can begin. The victim needs a job, etc., but what the victim needs most is a sense of self that is not tied to her abuser. This can take some time because the victim is completely used to having the abuser around and to the treatment that she has been receiving from that individual. Since this is the case, therapy and counseling is often quite necessary to show the victim that she is not now, nor was she ever, to blame for any of the problems that took place and caused her to be abused. No one should treat another human being in that manner, regardless of what the other person has done, said, etc.

Most individuals can maintain their temper even when there are difficult times with partners or children, but for those that cannot, the victims are often made to feel as though it is entirely their fault. If they were just better people, if they had not burned dinner, if they kept the house cleaner, and the list goes on and on. Therapy and counseling for these individuals can help to show them that it does not matter that they burned dinner or that the house was not spotless. If these things had not taken place, the abuser would find something else to be highly upset about and abuse the victim over. The real issue lies within the abuser and really has little to do with the victim herself. She is simply a convenient target for the anger and desire to control that the abuser holds inside.