NCJ Number
213044
Journal
Family Violence & Sexual Assault Bulletin Volume: 21 Issue: 2/3 Dated: Summer/Fall 2005 Pages: 32-37
Date Published
2005
Length
6 pages
Annotation
This article identifies and challenges efforts to roll back constructive approaches to domestic violence based on backlash and misconceptions.
Abstract
There have been efforts to sabotage batterer interventions with arguments that they are ineffective. Recent research shows, however, that intensive monitoring by judges or probation officers more effectively changes batterers' behavior than batterer intervention or treatment programs. This should not undermine efforts to improve batterer programs, but rather suggests using monitoring mechanisms to make offenders comply with treatment conditions. There have also been arguments against the policy of mandatory arrest in domestic-violence cases. Research indicates, however, that mandatory arrest works best for all types of batterers compared to other police responses. Regarding orders of protection against abusive partners, opponents of this measure cite cases of order violations with disastrous consequences for victims; however, research shows that women with orders of protection are less likely to suffer repeat abuse than women without protective orders. Regarding definitions of "domestic violence" in criminal law, only a few States have criminalized the most psychologically damaging form of abuse, i.e., emotional abuse and sexual abuse. These forms of abuse should be addressed in laws. There have also been efforts to place male and female violence in intimate partnerships on the same level, requiring similar criminal justice responses. This ignores the fact that most violence by the female partner against the male is a retaliation or instinctive response to being attacked and placed in danger. Further, some have argued that women claim abuse for tactical gain in legal disputes related to child custody and divorce. To attach such a negative label to the reporting of domestic violence only further discourages women from seeking help while encouraging men to continue their abuse while criticizing the victim for pursuing protective measures. 36 references