NCJ Number
105108
Journal
Montana Law Review Volume: 47 Issue: 2 Dated: (Summer 1986) Pages: 403-419
Date Published
1986
Length
17 pages
Annotation
This article discusses Montana's 1985 domestic abuse act and associated legislation, along with historical responses to domestic abuse and why those responses usually failed.
Abstract
The traditional response to spouse abuse has focused on shelters and safe homes for victims, misguided legislative efforts that have had little effect, and police and prosecutorial responses that have done little to inhibit spouse abuse. Overall, the traditional approach has not provided early intervention in the cycle of abuse, which consists of the tension-building phase, the acute battering phase, and the loving phase (the abuser promises not to repeat the abuse). Recent government studies of domestic assault have concluded that early intervention and increased enforcement of domestic abuse laws reduces repeated episodes of domestic violence. Recognizing this, Montana's 1985 act defines domestic abuse as a crime, makes arrest the preferred response to this crime, requires police officers to file a written report when they do not arrest, requires officers to provide victims with a notice of their rights, and mandates that an alleged abuser's bail be determined by a judge. Associated legislation involved the abolition of the marital rape exception to the sexual assault statute and amendments to laws governing temporary restraining orders. These statutes foster a community approach to early intervention in violent domestic relationships. 140 footnotes.