NCJ Number
66648
Journal
Journal of Contemporary Law Volume: 5 Dated: (SPRING 1979) Pages: 277-292
Date Published
1979
Length
16 pages
Annotation
UTAH'S SPOUSE ABUSE ACT IS ASSESSED IN RELATION TO THE PSYCHOLOGICAL DYNAMICS OF WIFE ABUSE AND THE LEGAL SYSTEM'S TRADITIONAL RESPONSE TO SUCH ABUSE.
Abstract
TO ASSESS THE IMPACT OF THE SPOUSE ABUSE ACT ON THE PROBLEM OF WIFE BEATING, THIS PAPER ANALYZES THE DYNAMICS OF ABUSE. VARIOUS STUDIES HAVE INDICATED THAT 50 TO 70 PERCENT OF WOMEN EXPERIENCE SOME FORM OF BATTERING FROM THEIR SPOUSES, YET THERE IS A FAILURE TO RECOGNIZE THAT THE BATTERED WOMAN IS A VICTIM. THIS VICTIM OFTEN HAS A FALSE PERCEPTION THAT SHE CANNOT AFFECT HER ENVIRONMENT. THE LEGAL SYSTEM IS, IN PART, TO BLAME FOR THIS 'LEARNED HELPLESSNESS.' THE FORMALITIES AND COMPLEXITIES OF THE LEGAL AND SOCIAL SERVICE SYSTEMS OFTEN OVERWHELM THE VICTIM. MANY COURTS DOWNPLAY THE WOMAN'S INJURIES AND FOCUS ATTENTION ON THE NEED TO RECONCILE THE FAMILY. LEGAL OFFICIALS THUS DO NOT ALTER THE BATTERING SITUATION, BUT FURTHER REINFORCE THE VICTIM'S HELPLESSNESS. THE JUDICIARY HAS ALSO FAILED TO CONDEMN THE ABUSE OF WOMEN UNTIL RECENTLY. IF THE LEGAL SYSTEM SEES BATTERED WOMEN AS MERELY EXPERIENCING MINOR MARITAL PROBLEMS, RATHER THAN AS VICTIMS OF UNPARDONABLE VIOLENCE, THE REMEDIES WILL REFLECT IT. THE SPOUSE ABUSE ACT SHOULD ALLEVIATE SOME OF THE BATTERED WOMAN'S FRUSTRATIONS. IT IS AN INSTITUTIONAL DECLARATION THAT ABUSING ONE'S SPOUSE IS NOT LEGITIMATE, ACCEPTABLE BEHAVIOR. IT CREATES AN INDEPENDENT LEGAL RIGHT FOR A VICTIM TO APPLY TO A CIVIL COURT FOR A PROTECTIVE ORDER. IT PLACES A DUTY ON THE COURT CLERKS TO ASSIST VICTIMS IN PREPARING AND FILING THE NECESSARY DOCUMENTS. IT MAKES AN INTENTIONAL VIOLATION OF A PROTECTIVE ORDER A MISDEMEANOR AND PLACES THE DUTY ON LAW ENFORCEMENT OFFICERS TO AID IN ENFORCING THESE ORDERS AND ADVISING VICTIMS OF THEIR LEGAL RIGHTS. THE LAW APPLIES TO SPOUSES OR TO THOSE WOMEN LIVING AS SPOUSES. PEACE OFFICERS ARE ALSO DIRECTED TO RESPOND TO ALL CALLS OF SPOUSE ABUSE AND TO USE ALL REASONABLE MEANS TO PREVENT FURTHER ABUSE. TO FURTHER COMBAT SPOUSE ABUSE, HOWEVER, A COMPLETE REDEFINITION OF THE STATUS OF WOMEN IS NEEDED ALONG WITH LEGISLATIVE REFORM. (MJW)