NCJ Number
97708
Journal
Detroit College of Law Review Volume: 1983 Issue: 4 Dated: (Winter 1983) Pages: 1045-1051
Date Published
1983
Length
7 pages
Annotation
The author reviews statutes that Michigan and other States have enacted to protect battered spouses through extrajudicial enactments, penal code revisions, and civil remedies. She urges, however, that additional reforms are needed.
Abstract
A major extrajudicial remedy is the funding of shelters for abused spouses. The Michigan legislature funded a Detroit shelter in the late 1970's and has created a State board to help establish other shelters. A long-range approach provides procedures for removing the abuser from the home. Michigan's 1978 legislative amendments to divorce statutes and the criminal code give the courts authority to ex parte enjoin a spouse from entry into the marital premises. The 1978 legislation also allows arrests without warrants at the scene of domestic violence, provided the officer has reasonable cause to believe an assault by a spouse, ex-spouse, or other member of the household has occurred. In addition, these statutes set out specific requirements for wording domestic violence injunctions, their execution, and sanctions. Other States provide even more relief for victims by imposing affirmative duties on police who arrive at a scene of domestic violence and requiring court personnel to assist victims unrepresented by counsel. Pennsylvania, Massachusetts, Minnesota, and Missouri are among the States that have legislated such innovative relief. The paper discusses constitutional challenges to these laws and suggests minimal improvements in Michigan's statutes. It includes 10 footnotes.