Effectiveness of the Violence Against Women Act and state domestic violence legislation

Domestic Violence Legislation

Federal and State Governments Fight Domestic Violence

Although numerous federal and state laws sanctioning domestic violence exist in the United States, the incidences of domestic violence remain substantial. The federal government has undoubtedly taken significant steps over the years to protect the victims of domestic violence through legislation. One such Act is the Violence Against Women Act (VAWA). The Act, at the time of its enactment in 1994, focused on providing funding to victims, services to victims, and training to judges and law enforcement officers. Still, as the number of domestic violence cases remained constant, the Act was re-enacted in 2000 and once again in 2006. The latest re-enactment extends services to domestic violence victims by addressing the issue of domestic violence related homelessness. The 2006 re-enactment guarantees that victims will not be evicted from government funded housing. Still, the VAWA has drawn criticism due to its gender specific title; although the federal government has assured that all victims of domestic violence are eligible for and will receive benefits under the Act. Keeping with the spirit of federal legislation such as the VAWA, most states enacted state specific legislation. For example, California has enacted stringent criminal penalties including pro-arrest policies, and many states have mandatory arrest policies for domestic violence calls. Regardless of the abundance of federal laws and the often strict state laws, the incidences of domestic violence remain widespread in the U.S.; this remains a concern to both the federal and state governments.

Overview

According to the National Institute of Justice, approximately 1.3 million women and 835,000 men are physically assaulted by an intimate partner annually in the United States (National Institute of Justice, 2000). In addition, it has been reported that most incidences of domestic violence are not reported to the police, so this number may actually be significantly higher. In response to the incidences of domestic violence, both the federal and state governments have responded with legislation. Although both systems of government have similar goals in that they protect victims, they do so in different ways.

For example, at the federal level, it is common to find legislation that focuses on the victim and victim rights such as those that provide funding and resources. On the other hand, at the state level it is common to find legislation that focuses on sanctioning the offender, criminalizing domestic violence, and results in the offender facing imprisonment and fines. This paper discusses the federal and state domestic violence laws in detail and explores the effects that these laws have had on domestic violence.

California Penal Code 273.5

In addition to the federal government laws, almost all states have enacted legislation to combat and criminalize domestic violence. Many of the states' governments enacted state laws as extensions of the federal government laws (Id.). Furthermore, some states' laws have been categorized for being harsher than the federal government laws that often focus on providing services to the victims. For example, the state of California has enacted the California Penal Code 273.5 which makes it a felony for anyone to inflict "corporate injury" on a spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child. " A person convicted of violating the law could result in imprisonment for two, three, or four years, and a fine of up to $6,000 or both (CA Penal Code 273.5). The state of California, who has a pro-arrest policy for domestic violence cases, has implemented what has been known as some of the toughest criminal domestic violence laws in the country.

The number of arrests made under the Penal Code are substantial, but have decreased slightly over the last three years. For instance, in 2008 the number of arrests for child and spousal abuse was 11,960 (LAPD, 2010). In 2009, the number decreased to 11,852 (Id.). In 2010, the number decreased again to 11,087 (Id.). In spite of the significant domestic violence arrests over the last three years in Los Angeles, the positive effect of the Penal Code on domestic violence is questionable because of the arrests. Considering that the arrests have remained somewhat static and only decreased slightly over the past three years, the law has not significantly affected the incidences of domestic violence in Los Angeles.

As the domestic violence statistics in Los Angeles demonstrate, the enactment of stringent laws may not deter incidences of domestic violence. According to the National Institute of Justice, "…without the imposition of significant sanctions including incarceration the majority of arrested abusers who are high risk will re-abuse" (2009). The question remains then that in spite of the federal and state laws across the country, how can the incidences of domestic violence be deterred. Scholars still continue to research this question, and until an answer is found, victims of domestic violence can remain assured that they will have laws in place to protect their interests.