NCJ Number
202041
Date Published
2002
Length
100 pages
Annotation
This document presents the accomplishments, trends, and innovations of family violence legislation in 1997.
Abstract
The trends of 1997 are different from those of the past 2 years. They reflect the number of States that have already addressed many major issues and widespread attention to a host of emerging issues. Many States made strides in enhanced penalties in cases of domestic violence; tightened bail and release provisions for abusers; bars on insurance discrimination against victims of domestic violence; and provision of treatment for batterers and standards for that treatment. A number of States enacted legislation designed to protect children from the effects of domestic violence. Florida and Nevada enacted a wide variety of quality statutes based on the Model Code and designed to hold batterers accountable; protect victims and children; facilitate their access to the courts; and enhance prevention and treatment. Fearing that the tightened Federal rules for public assistance mandated by Congress, unrelieved by Federal exemptions for victims of domestic violence, could jeopardize the safety of battered women and their children, States are beginning to mandate such exemptions themselves. Seven States joined the 10 that enacted laws in 1996 to provide for full faith and credit for foreign orders for protection. Six States eliminated fees charged to victims of domestic violence for orders for protection. An emerging trend is enacting new crimes for committing acts of domestic violence in the presence of children. Five States added domestic violence as a factor that courts must consider in determining custody arrangements. The greatest area needing legislative attention across all of the States consists of measures for the prevention and treatment of domestic violence.