Institutional Solutions to Domestic Violence against Women
Abstract
Institutional Solutions to Domestic Violence against Women is an emotive issue. Although the topic has been addressed many times before, the high rates of domestic abuse in the US highlight the importance of searching for new solutions to the problem. The issue of domestic abuse needs to be addressed on the institutional level through the change of gun legislation, a more active involvement of the government, and the expansion of domestic violence services. The role of gun legislation, government involvement, and existing services is critiqued and the shortfalls identified. It emerges that resources, services, and attitudes are critical factors for institutions to succeed in addressing the problem. The endeavors proposed are higher prioritization of the problem as a major public health concern, increase of funding towards institutions and services, and provision of amenities and legal services to minimize the burden on the victims as well as reduce dependency on abusive partners.
Institutional Solutions to Domestic Violence against Women
Introduction
Kysha (her code name), a 28 year old African American woman living in Detroit is involved in a support group for victims dealing with domestic abuse. She has managed to obtain a full restraining order for her irate husband who claims that she is his source of ‘bad fortune.’ She narrates how she still fears for her life and that of her two tear old son, currently living with her parents within the city. In spite of the restraining order, her husband still accesses her and the child in what she describes as cold ‘gangster visits,’ all without regard for the law. Hers is the plight of numerous other women in the US to whom protection against domestic violence is all on paper. In a single day in 2016, about 67,646 requests for help from domestic violence against women received a positive response. Approximately a sixth of the number (10,871) was not met due to lack of adequate resources. The issue of domestic abuse needs to be addressed on the institutional level through the change of gun legislation, a more active involvement of the government, and the expansion of domestic violence services.
Legislation and Domestic Violence against Women
In 1996, the Lautenberg Amendment was enacted. It considers a criminal offense, the possession of a firearm or ammunition by any individual convicted in a court of a misdemeanor crime of domestic violence (Harvard Business Review Association, 2014). The spirit of the law is evident. David Kelley’s mass shooting incident in Texas at the Sutherland Springs Church triggered an inquiry that revealed his conviction for domestic violence in 2012. Before the mass shooting in 2016, he had just been adversely discharged from the military for assaulting his wife and their child, following which he had be given a 12 month confinement sentence (Lopez, 2017). The author observes that numerous mass shooting convicts have been found to have a criminal history of domestic violence. Therefore, it is difficult to disengage gun legislation from domestic violence. Notably, federal law only revokes the rights to a firearm for spouses serving a full restraining order. However, Vox authors observe that domestic violence victims usually face the greatest risk as the perpetrators retaliate for obtaining temporary restraining orders. Therefore, by the time a full restraining order is granted, the perpetrator still has a chance to use the gun because the temporary restraining order comes first. Secondly, although an individual may not be granted a Firearm Owner Identification (FOID) card, it does little to deter the perpetrators from gun possession. They may acquire guns irregularly through illicit cross-border purchases, as well as private purchases which may be out of the scrutiny of law enforcement. Lopez (2017) proposes that law makers should consider relaxing laws that lead to firearm confiscation. As such, there is no outright alienation of the right to hold firearms, but there are laws governing the conditions of possession. For instance, they laws would allow a police officer to confiscate a gun from an individual who is deemed dangerous to self or others.
Government’s Involvement in Domestic Violence Cases against Women
Several institutional services exist for the resolution of domestic violence. However, the recent trends in the US decry their conclusiveness and efficacy. There is discontentment with the lackluster fashion of handling cases of domestic violence against women and children since many feel that their processes are not rigorous enough to produce objective conclusions (Francis, Loxton, & James, 2017). These institutions include family justice courts, supervised visitation centers, domestic violence courts, and the civil courts. The major problem is that they tend to be misconstrued by those who lead them as conduits of women denying their husbands custody of children. Consequently, most rulings are inadequately dismissed on the basis of alienating children from their husbands. For more objective rulings to ensue, women are held at extremely high legal standards. Civil courts usually produce the opposite result from the victims’ expectations. Women end up spending time in jail for failing to appear during prosecution. Another consequence of citing violence is involvement of Child Protective Services that result in alienation of children from the parents (Brickman, 2016).
Expansion of Domestic Violence Services for the Successful Prevention and Solutions
It is, therefore, clear that the existing institutions and services are not adequately addressing the problem of domestic violence against women. Two broad causes for the poor performance of the services include lack of adequate resources, and poor legal representation. Resources are required to provide services required by abused victims that eliminate dependency on the perpetrator for their needs. These include but are not limited to temporary housing facilities, money, and other amenities. On the matter of legal representation, navigating the court system is a complex task that becomes even more daunting for already abused women. It is further exacerbated by the gun legislation shortcomings earlier discussed, which leaves the abusive spouse with options to further victimize the abused woman. A solution proposed for dealing with the two issues is prioritization of domestic violence against women as a major public health issue and allocation of sufficient funds. The funds can be used to roll out projects such as transitional housing, legal services, and such others (Jeltsen, 2017).
Conclusion
The current institutions and state services for serving victims of domestic violence are not effective; hence the need to increase resources, prioritize the problem as a major public health issue, and review the federal firearm legislation. The legislation should relax restrictions on law enforcement’s capacity to confiscate weapons, rather than alienating the rights to hold firearms. More elaborate facilities such as transitional homes for victims, money, and dependable legal representation should be provided by the state for domestic violence meetings. There is also a need for changes in attitudes and perceptions on the part of the population and judicial officers.
References
Brickman, J. (2016). Victims of Domestic Violence Need Greater System Support. Vera Institute of Justice. ]
Francis, L., Loxton, D., & James, C. (2017). The culture of pretence: a hidden barrier to recognising, disclosing and ending domestic violence. Journal Of Clinical Nursing, 26(15-16), 2202-2214.
Harvard Business Review Association, (2014). GUN CONTROL ACT — DOMESTIC VIOLENCE MISDEMEANANTS’ FIREARMS DISABILITIES — ILLINOIS SUPREME COURT CONSTRUES FEDERAL GUN CONTROL ACT TO PERMIT STATE COURT TO REMOVE DOMESTIC VIOLENCE MISDEMEANANT’S FEDERAL FIREARMS DISABILITY. (2014). Harvard Law Review, 127(7), 2146-2153.
Jeltsen, M. (2017). Why So Many Domestic Violence Survivors Don’t Get Help — Even When They Ask For It. The Huffington Post.
Lopez, G. (2017). America’s domestic violence problem is a big part of its gun problem. Vox.