NCJ Number
104475
Date Published
1984
Length
15 pages
Annotation
In recent years, task forces, women's groups and researchers have been advocating that criminal charges against the offender be brought in cases of wife abuse.
Abstract
A major rationale for adopting a charging policy in such cases is that it will deter future battering while also emphasizing the criminal nature of the behavior. Police and prosecutors, however, may reject such a policy because of its effect on caseloads, a crisis intervention orientation to domestic violence, and a sincere belief that charging is not in the best interest of the wife and children. If police and prosecutors are to adopt a charging policy, they must find a way to balance the often conflicting objectives of punishing and deterring the batterer and aiding the victim. The laying of charges can serve as a critical entry point into the legal system and can ensure that the wife receives protection and support through the issuing and enforcement of peace bonds and restraining orders; through legal and emotional counseling within the system; and through assistance in obtaining a separation or divorce, child custody, and financial support. The justice system also can order treatment for the offender. As a result of a study in Ontario, Canada, that showed that charges were rarely laid and that battered women most desired therapy for the batterers and legal and financial assistance for themselves, a charging policy was designed that emphasized using the legal system as an avenue for providing a variety of victim services.