Structured Approach to Addressing Domestic Violence in the US

Introduction

In comparison to many other developed countries, the United States has a relatively high crime rate. A review of available data — specifically from the Bureau of Justice Statistics (BJS) and the Federal Bureau of Investigation (FBI) — indicates that the most common crimes in the U.S. are larceny/theft, burglary, and aggravated assault, followed by robbery, motor vehicle theft, and rape. Recent data further indicates that over the past few years there has been a surge in certain specific kinds of crimes, most notably robbery, murder, and domestic violence.

This paper concerns itself with domestic violence. In doing so, it not only assesses the nature of this particular problem but also proposes an approach that could be deployed in an attempt to address it. More specifically, a systematic, process-oriented framework will be embraced.

The Problem: Defining and Understanding Domestic Violence

Peterman et al. and van Gelder et al. (as cited in Usher, Bhullar, Durkin, Gyamfi, and Jackson, 2020) define domestic violence as "threatening or other violent behaviors within families that may be physical, sexual, psychological, or economic, and can include child abuse and intimate partner violence" (p. 112). Over the last two years, there have been widespread reports of increased domestic violence across the country, and some researchers have linked this surge to the COVID-19 pandemic.

The Substance Abuse and Mental Health Services Administration (SAMHSA, 2020) identifies a range of factors that may have contributed to increased family violence during the pandemic. These include anxiety caused by government-initiated lockdown measures, disconnection from routine social support systems, and major economic devastation. SAMHSA (2020) notes that some of these factors have stimulated family violence both in households where it previously existed and in those where it did not. Beyond pandemic-related stressors, the Centers for Disease Control and Prevention (CDC, 2021) identifies a broader set of risk factors for domestic violence, including a history of emotional or physical abuse during childhood, insecurity and emotional dependence, drug abuse, social isolation, borderline personality disorder-associated traits, conduct problems, antisocial personality traits, depression and anxiety, and low educational attainment.

Domestic violence impacts not only its direct victims but also other individuals and society at large. Goodmark (2018) indicates that domestic violence victims tend to exhibit a wide range of mental health problems, including depression, post-traumatic stress disorder, and anxiety, in addition to any physical injuries sustained. The impact on a person's mental and physical wellbeing can be long-term. Children, other family members, and caregivers who witness instances of domestic violence may present with issues similar to those of first-hand victims, including reduced quality of life and significant mental distress. At the societal level, Goodmark (2018) further notes that victims of domestic violence suffer emotional and physical scars that can prevent them from being productive members of society. Repeated exposure to domestic violence has also been associated with negative health outcomes that can, as seen during the COVID-19 pandemic, place an additional burden on the healthcare system. For these reasons, the importance of addressing this crime cannot be overstated.

Addressing the Problem: The Structured Multipronged Approach

A range of solutions have previously been proposed to address domestic violence, several of which are discussed by Walker (2010) in Sense and Nonsense about Crime, Drugs and Communities. This paper embraces what will be referred to as a Structured Multipronged Approach (SMA). In developing this framework, the process model outlined by Eggers and O'Leary (2009) in If We Can Put a Man on the Moon: Getting Big Things Done in Government is also applied. Eggers and O'Leary (2009) observe that their assessment of past government initiatives shows that all successful ones follow a particular step-by-step format, which they call the "journey to success." This process comprises five steps: idea, design, stargate (moment of democratic commitment), implementation, and results. Each step is discussed below in the context of addressing domestic violence.

The problem has been clearly framed as the increasing incidence of domestic violence in the United States. The causes and impacts of domestic violence have been identified above. As noted, the negative outcomes of domestic violence affect not only immediate victims but also third parties — such as family members and children — and society as a whole. There is therefore a clear need to put in place measures to address this crime.

The SMA framework is an all-inclusive approach that combines the various crime-reduction strategies suggested by Walker (2010) and others. The proposal is for this framework to serve as the standard operating procedure for each reported instance of domestic violence. The framework is divided into three phases: initial response, short-term response, and long-term response.

Mandatory Arrest: Mandatory arrest is the standard response of most police departments to domestic violence incidents (Walker, 2010). As Walker (2010) explains, "in response to protests from women's groups, many police departments have adopted mandatory arrest or arrest-preferred policies that either require an arrest in a felonious domestic assault or advise officers that arrest is the preferred disposition" (p. 48). This is likely the most appropriate initial step for protecting the victim. However, to ensure the best outcomes, mandatory arrest must be supplemented with additional measures — specifically, enhanced access to protective shelters and the issuance of protection orders.

Enhanced Access to Protective Shelters: Victims must have access to shelters that protect them from further abuse. Ideally, such shelters should also provide resources for healing and offer the relevant tools to pursue justice.

Protection Orders: Protection orders direct the offender, by court order, not to initiate or pursue any contact with the victim. Walker (2010) notes that these orders have been found to be particularly effective in domestic violence scenarios. Their deployment should, however, be determined on a case-by-case basis, depending on the specific relationship between the victim and the offender.

Penalize/Punish: The laws and penalties governing domestic violence differ from one jurisdiction or state to another, and federal laws also cover intimate partner violence. As Goodmark (2018) notes, while some states classify threats of violence as domestic violence, others recognize only physical violence. There is a justification for punishing perpetrators of domestic violence, particularly to deter the commission of similar crimes in the future — a rationale rooted in deterrence theory. Walker (2010) explains that "the theory of deterrence has a simple, intuitive appeal… people want to avoid unpleasant experiences, so if we make the punishment for crime more unpleasant, fewer people will commit crime" (p. 122). However, punishment should be reserved primarily for instances of repeat offending and for scenarios in which reconciliation efforts have failed.

Reconcile: Reconciliation efforts are essential given that domestic violence typically involves individuals who share a personal relationship — dating partners, spouses, or family members. Failure to pursue reconciliation could result in broken marriages and damaged familial bonds, with lasting consequences for all involved.

Offender Rehabilitation: According to Walker (2010), rehabilitation is one of the most critical components of any crime control policy. The central idea is the "treatment" of offenders to minimize the likelihood of reoffending. In the context of domestic violence, simply incarcerating offenders is unlikely to reduce aggression in the long term. A more effective approach would involve directly addressing the underlying risk factors for domestic violence. For example, when the root cause is depression or anxiety, the offender could be placed on a cognitive behavioral therapy (CBT) intervention aimed at resolving the underlying condition.

Interventions for Both Victim and Offender: This approach can also be described as family therapy, which Goodmark (2018) defines as an intervention "that works with families and couples in intimate relationships to nurture change and development" (p. 237). Nurturing change and development among diverse participants in a family setting is likely to foster more open and constructive engagement, promote cohesion between members, and ultimately reduce opportunities for confrontation and violence.

Conclusion

This paper has established the need to address the soaring rates of domestic violence across the United States. The urgency of the problem is supported by data indicating that the COVID-19 pandemic has worsened an already serious situation. The multi-pronged solution proposed here — the Structured Multipronged Approach (SMA) — incorporates mandatory arrest, protective shelters, protection orders, deterrence-based punishment, reconciliation, offender rehabilitation, and family therapy across three response phases. Successful implementation of this framework will require the cooperation of diverse stakeholders. If achieved, it is expected to result in reduced rates of domestic violence and fewer instances of repeat offending.