Domestic Violence Legislative Action

download Domestic Violence Legislative Action

of 6

Transcript of Domestic Violence Legislative Action

  • 7/27/2019 Domestic Violence Legislative Action

    1/6

    Domestic Violence 1

    Domestic Violence Legislative Action

    Name

    Class

    Date

    Professor

  • 7/27/2019 Domestic Violence Legislative Action

    2/6

    Domestic Violence 2

    Domestic Violence Legislative Action

    Domestic violence is the abuse of one partner by another partner in an intimate relationship.

    Domestic violence occurs to women in most cases bur the women can be from any

    socioeconomic background. Traditionally domestic violence was considered a family matter and

    the police rarely intervened. While they may respond to the scene of a domestic violence

    situation they would either instruct the abuser to quit their behavior or request they leave the

    home until they cooled down. Beating your wife or intimate partner was never cause for arrest

    despite the fact assault was illegal.

    Domestic abuse is a serious problem in the United States and across the globe. Based on

    research conducted by the Family Violence Prevention Fund found over 30 percent of citizens

    have witnessed domestic abuse and this type o abuse is the leading cause of death for women.

    Four million people are abused every year and according to the FBI a woman in America is

    abused every nine seconds (LCB, 2012). Domestic abuse becomes a cycle in family when

    children learn the behavior by observing the behavior in their home environment. Four women

    die every day due to domestic abuse and 95% of the victims of domestic abuse are women.

    Since police would do nothing to intervene and assist the victim of domestic abuse it required

    a federal legislative response to ensure police would arrest the criminal offender responsible for

    physically or sexually assaulting their domestic partner. Despite the development of the

    womens movement in the 1970s and the support of special interests groups it was not until the

    1990s before any comprehensive federal law was created to assist the victims of domestic

    violence. Until the 1990s the domestic abuse victim was helpless to stop the domestic abuse and

    the only option was to stay or go into hiding.

  • 7/27/2019 Domestic Violence Legislative Action

    3/6

    Domestic Violence 3

    The Violence Against Women Act of 1994 made domestic abuse illegal and created

    mandatory arrest requirements for domestic abusers. The law also increased the penalties under

    the Gun Control act for the abuser using a weapon. Under VAWA the community response for

    domestic abuse would be support and funded by federal grants. States would be required to

    develop domestic abuse laws and the public would be educated on the signs of domestic abuse.

    Each state developed domestic abuse laws based on VAWA but each has different requirements.

    Under Nevada law domestic violence is defined as an act of violence against a spouse, family

    member, or other person who has a close relationship with the perpetrator (Bennett, 2002). In the

    state of Nevada domestic abuse has been illegal since 1989 when laws began to emerge

    forbidding men to abuse their wives. Under Nevada law a person determined to have committed

    an act of domestic violence will be under a mandatory arrest policy. In Nevada domestic abuse

    does not only include the domestic partner but also includes children, dating relationships,

    spouses, and a blood relative.

    In the 1991 and 1993 sessions legislation emerged further assisting the domestic abuse victim

    in Nevada. In these sessions the state of Nevada established the first laws forbidding physical

    abuse by the husband of the spouse and in 1993 established the abuse victimsright to obtain a

    protection order. NRS allows for Orders for Protection against Domestic Violence and

    established the right to get an emergency order via telephone if the situation is urgent.

    In many other states the victim must wait till the court is open and set a date to request a

    protection order. This is after hiring a costly lawyer. In Nevada the domestic abuse victim does

    not have to wait for the appointed court date and can instead seek out assistance through a

    domestic abuse shelter where a representative can request the emergency and temporary

  • 7/27/2019 Domestic Violence Legislative Action

    4/6

    Domestic Violence 4

    restraining order through the appropriate channels. Once a hearing is held the domestic abuse

    victim can receive an extended restraining order that can last up to a year. When the abuser

    violates the restraining order, however, they are on subject to a misdemeanor. This does not deter

    the abuser form seeking out their victim and causing more harms or damage.

    In Nevada if charged with domestic abuse the first time offender found guilty of the charge

    will receive a misdemeanor charge with up to 1,000 dollar fine as long as no weapon is involved.

    If the abuser then receives a second charge of domestic abuse they will be charged with a felony

    and receive up to six months in jail and a $5,000 dollar fine. The third offense is a felony

    resulting in a $10,000 dollar fine and up to one year in jail (Bennett, 2002). For each act of

    domestic abuse the abuser will receive a higher fine and more criminal penalties. If the abuser

    commit a fourth act the judge can imprison him for up to five years and impose up to a $15,000

    dollar fine.

    When a domestic abuse call is received by police in Nevada they can no longer go to the

    scene and tell the abuser to cool off. In order to stop this behavior by police the Nevada

    legislatures developed a mandatory arrest law requiring police to arrest the abuser if there are

    any signs the victim has been physically harmed. The goal was to stop police from ignoring the

    plight of the domestic abuse victim and arrest the domestic abuse offender. Under Nevada law

    the domestic abuse shelter and other community programs are eligible for funding from the state

    and will receive support from the criminal justice system.

    Domestic abuse is a major problem in America despite federal and state responses. Domestic

    abuse victims call police who know respond and arrest the offender but they do not receive but a

    slap on the wrist and return home within hours even madder. In order for the domestic abuse

  • 7/27/2019 Domestic Violence Legislative Action

    5/6

    Domestic Violence 5

    victim to be truly protected laws must be prepared with more sever consequences and a denial of

    bail. The victim needs time to make a plan to get away from their abuser.

  • 7/27/2019 Domestic Violence Legislative Action

    6/6

    Domestic Violence 6

    References

    Bennett, D. (2002). Domestic Violence. Retrieved September 2, 2013 from

    https://www.leg.state.nv.us/Division/Research/Publications/Bkground/BP95-02.pdf

    Legislative Council Bureau. (2012). Justice System: Focus on Domestic Violence. Retrieved

    September 2, 2013 from

    http://www.leg.state.nv.us/Division/Research/Publications/PandPReport/33-DV.pdf

    https://www.leg.state.nv.us/Division/Research/Publications/Bkground/BP95-02.pdfhttps://www.leg.state.nv.us/Division/Research/Publications/Bkground/BP95-02.pdfhttp://www.leg.state.nv.us/Division/Research/Publications/PandPReport/33-DV.pdfhttp://www.leg.state.nv.us/Division/Research/Publications/PandPReport/33-DV.pdfhttp://www.leg.state.nv.us/Division/Research/Publications/PandPReport/33-DV.pdfhttps://www.leg.state.nv.us/Division/Research/Publications/Bkground/BP95-02.pdf

Domestic Violence Orders (National Recognition) Bill … · DOMESTIC VIOLENCE ORDERS (NATIONAL RECOGNITION) ... protection order under the Domestic and Family ... domestic violence

Domestic Violence Orders (National Recognition) Bill … · DOMESTIC VIOLENCE ORDERS (NATIONAL RECOGNITION) ... protection order under the Domestic and Family ... domestic violence

Domestic Violence Fatalities in Pennsylvania - 2015 … · PCADV • Domestic Violence Fatalities in Pennsylvania • 2015 ... PCADV • Domestic Violence Fatalities in Pennsylvania

Domestic Violence Fatalities in Pennsylvania - 2015 … · PCADV • Domestic Violence Fatalities in Pennsylvania • 2015 ... PCADV • Domestic Violence Fatalities in Pennsylvania

Domestic violence and abuse and domestic violence ...

Domestic violence and abuse and domestic violence ...

Domestic Violence Facts: Lebanon Passes Law against Domestic Violence

Domestic Violence Facts: Lebanon Passes Law against Domestic Violence

SPECIALIZED DOMESTIC VIOLENCE COURTS: ARE THEY WORTH … · specialized domestic violence courts across the state. II. THE LEGAL HISTORY OF DOMESTIC VIOLENCE A. Domestic Violence

SPECIALIZED DOMESTIC VIOLENCE COURTS: ARE THEY WORTH … · specialized domestic violence courts across the state. II. THE LEGAL HISTORY OF DOMESTIC VIOLENCE A. Domestic Violence

FINANCIAL ABUSE is a form of DOMESTIC VIOLENCE. DOMESTIC ... · FINANCIAL ABUSE is a form of DOMESTIC VIOLENCE. DOMESTIC VIOLENCE is a CRIME. The Family Violence Protection Act 2008

FINANCIAL ABUSE is a form of DOMESTIC VIOLENCE. DOMESTIC ... · FINANCIAL ABUSE is a form of DOMESTIC VIOLENCE. DOMESTIC VIOLENCE is a CRIME. The Family Violence Protection Act 2008

Domestic Violence, Intimate Partner Violence Risk ...

Domestic Violence, Intimate Partner Violence Risk ...

Domestic Violence Super Bowl 2015: Domestic Violence PSA - YouTube.

Domestic Violence Super Bowl 2015: Domestic Violence PSA - YouTube.

Legal Aspects of Domestic Violence 3-Part Domestic Violence Series Part I - Dynamics of Domestic Violence Part II - Legal Aspects of Domestic Violence.

Legal Aspects of Domestic Violence 3-Part Domestic Violence Series Part I - Dynamics of Domestic Violence Part II - Legal Aspects of Domestic Violence.

Attitudes toward domestic violence. ATTITUDES TOWARD DOMESTIC VIOLENCE Refers to domestic violence against women and children Refers to type of violence.

Attitudes toward domestic violence. ATTITUDES TOWARD DOMESTIC VIOLENCE Refers to domestic violence against women and children Refers to type of violence.

A Mind-Body Approach to Domestic Violence Perpetrator ... · PDF file... Trauma A Mind-Body Approach to Domestic Violence ... with perpetrators of domestic violence ... domestic violence

A Mind-Body Approach to Domestic Violence Perpetrator ... · PDF file... Trauma A Mind-Body Approach to Domestic Violence ... with perpetrators of domestic violence ... domestic violence

Domestic violence

Domestic violence

Domestic Violence Protection Notices and Domestic … · Application for a Domestic Violence Protection Order ... to deal with Domestic Violence. Home Office interim guidance3 on

Domestic Violence Protection Notices and Domestic … · Application for a Domestic Violence Protection Order ... to deal with Domestic Violence. Home Office interim guidance3 on

Framework for Domestic Violence Courts in BCThe most notable differences between domestic violence courts include: Definition of domestic violence (i.e. intimate partner violence vs.

Framework for Domestic Violence Courts in BCThe most notable differences between domestic violence courts include: Definition of domestic violence (i.e. intimate partner violence vs.

Strategies for Addressing Domestic Violence. Define Domestic Violence Establish the Dynamics of Domestic Violence Challenges of Escaping Domestic Violence.

Strategies for Addressing Domestic Violence. Define Domestic Violence Establish the Dynamics of Domestic Violence Challenges of Escaping Domestic Violence.

Domestic Violence Program · DOMESTIC VIOLENCE SERVICES In 2010, the Domestic Violence Program (DVP) administered funds to 46 domestic violence crisis centers. Those 46 domestic violence

Domestic Violence Program · DOMESTIC VIOLENCE SERVICES In 2010, the Domestic Violence Program (DVP) administered funds to 46 domestic violence crisis centers. Those 46 domestic violence

Domestic Violence - health.mo.gov · Domestic Violence. Missouri Attorney General. JOSH HAWLEY. protecting adult victims of domestic violence. Domestic Violence. Domestic Violence

Domestic Violence - health.mo.gov · Domestic Violence. Missouri Attorney General. JOSH HAWLEY. protecting adult victims of domestic violence. Domestic Violence. Domestic Violence

Achieving Accountability in Domestic Violence … Accountability in Domestic Violence Cases: A Practical Guide for Reducing Domestic Violence REDUCING DOMESTIC VIOLENCE THROUGH ENHANCED

Achieving Accountability in Domestic Violence … Accountability in Domestic Violence Cases: A Practical Guide for Reducing Domestic Violence REDUCING DOMESTIC VIOLENCE THROUGH ENHANCED

UNDERSTANDING DO ESTIC VIOLENCE · UNDERSTANDING DOMESTIC VIOLENCE ™ INTRODUCTION UNDERSTANDING DOMESTIC VIOLENCE ™ | 1 Understanding Domestic Violence ™ INTRODUCTION Domestic

UNDERSTANDING DO ESTIC VIOLENCE · UNDERSTANDING DOMESTIC VIOLENCE ™ INTRODUCTION UNDERSTANDING DOMESTIC VIOLENCE ™ | 1 Understanding Domestic Violence ™ INTRODUCTION Domestic

Domestic Violence The Big Picture. Domestic Violence: Breaking the Cycle Outline Defining Domestic Violence – Legal – Societal History of Domestic Abuse.

Domestic Violence The Big Picture. Domestic Violence: Breaking the Cycle Outline Defining Domestic Violence – Legal – Societal History of Domestic Abuse.