Domestic Violence Case Study

Working with victims of domestic violence can be an extremely rewarding and fulfilling endeavor. One of the most crucial aspects for a paralegal working with victim of domestic violence is adequately engaging in the task of educating oneself to understand the commonalities of such victims and the ordeals that they have been through. Such clients are drastically different from other individuals who have suffered other physical and violent crimes. Understanding the background of someone who has lived through domestic violence is absolutely central to being able to provide adequate and sensitive legal care. Most victims of domestic violence are women (95%) though domestic violence can have an impact on ever age, class, race, ethnic, cultural or religious group (purplerainfoundation, 2012). "In the United States, nearly one in three adult women experience at least one physical assault by a partner during adulthood (American Psychological Association, Presidential Task Force on Violence and the Family 1996 Report)" (purplerainfoundation, 2012). These women are often terrified of their partner's temper, apologize when they are abused and often in the most extremely controlling and isolated environment where the abusive partner will control who the partner sees and where the partner goes outside of the home, jealous of outside relationships (purplerainfoundation, 2012). In these abusive relationships the women are hit,

When prosecuting criminal domestic violence cases too many officers constructed their entire case only on statements made by the victim. However, “victims of domestic violence are more likely than victims of other violent crime to recant or refuse to cooperate in prosecutorial efforts” (Breitenbach, 2008, p. 1256). Officers must consider that victims of domestic violence may refuse to testify because of fear of retaliation, intimidation, financial dependence, emotional attachment, and/or because they reunited with the batterer. If the victim refused to testify during court, their statement against the abuser becomes hearsay evidence. Several recent cases have had a huge influence on how those statements and hearsay evidence may be

Because woman strike back at their abusers; battered woman’s syndrome has been used in courts as a plea when their actions were believed to be in self-defense (Hodell et. al, 2011). And when a battered woman kills her abuser, they must convince a jury of the rationality of her lethal actions to successfully advance a plea of self-defense (Schuller et al., 2004). When jurors believe that under the given circumstances a defendant’s behavior was justified under the law a jury can find a defendant not guilty by reason of self-defense (Hodell et al., 2011). Recent research in case’s of self-defense suggest that when using the battered women’s syndrome certain characteristics of the defendant could interfere with the accused sentencing (Russell, Ragatz, & Kraus, 2012).

The team of individuals who will lead this work include Baonam Giang, NMAFC’s Victim Services Coordinator; AnhDao Bui, Social Services Director; Kay Bounkeua, Interim Director, and Sarah Lau, Fiscal Manager. Mr. Giang was the sole creator of NMAFC’s men group and helps to coordinate all victims’ services at the agency, in addition to running a tae kwon do class for Asian youth. Mr. Giang has two years of formal training and experience on addressing gender violence. Before Mr. Giang, there has never been a Pan-Asian men’s group in Bernalillo County working to address gender violence within local Asian communities. As domestic violence, sexual assault, and other forms of violence are still extremely taboo topics for Asian communities, the formation alone of this group with regular attendees

In any scenario involving repeated domestic violence, the victim of the abuse ought to have the right to defend himself from his oppressor. Is the victim supposed to allow his abuser to violate his rights because he must be cautious not to harm his oppressor? Of course not! In cases of domestic violence the victims must have the right of self-defense. Victims of domestic violence very frequently lose their lives. According to The Domestic Violence Network, "A recently published study of murder-homicides in North Carolina between 1988 and 1992 reported that in 86 percent of the cases the woman was murdered by her current or former partner. 18 Of those women who experienced a history of domestic violence, nearly half had previously sought legal protection from the murderer through an arrest warrant or restraining order. l9 Moreover, in nearly half those cases, the injuries extended to the woman's children, or those of the murderer." 20 Clearly victims' of domestic violence

National Council of Juvenile and Family Court Judges. (n.d.). Retrieved April 24, 2016, from http://www.ncjfcj.org/our-work/domestic-violence

Identify, define, examine, and discuss the domestic violence laws in your state applicable to this situation between Sarah and her boyfriend. Compare and contrast property crimes and personal crimes and how domestic violence relates to both. Evaluate victim's rights as they related to domestic violence and social responsibility in your state. Analyze the criminal behavior of domestic violence and describe how criminal behavior is evaluated towards the formation of new policy for social order in the criminal justice system. Compare and contrast the history and the future of

]Deputy district attorney Keith Watanabe started his presentation describing domestic violence from his perspective. He began by giving the example of a case of jealousy and the knife attack by the 40-year-old virgin actor Shelley Malil. Shelley Malil believed his girlfriend was cheating on him so in retaliation he stabbed her 23 times. The importance of this case was the brutality that it inhabited and the recent news that the actor was up for parole but struck down by governor Jerry Brown. After the example of a high-profile case he prosecuted, he gave some definitions of what domestic violence involves and the frustration of recanting victims. He described that victims out of multiple reasons involving the close relationship that they have

Domestic violence is a crime that has increased in the recent years; therefore, recently, domestic violence has become a widely researched topic. Some of the extensive research regarding domestic violence “indicates that intimate partner violence arrest rates have risen as a direct result of the implementation of mandatory and preferred arrest domestic violence laws. However, this research also suggests that part of this increase can be attributed to an increase in the arrest rate of females in cases of domestic assault. In addition, the arrest of both parties involved in an incident, also known as a “dual arrest,” appears to have contributed to the rising rates of domestic assault arrest” (Hirschel et al., 2007, p. 255). In other words, it

Domestic Violence is a major issue in today's rapidly changing society. Domestic Violence falls under the banner of Family law, which controls acts to do with family and marriage. This presentation will help to develop a clearer understanding of Domestic Violence and make evaluations and recommendations in determining the changes in the law necessary in today's society.

Academically, Domestic violence is “the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, threats, and emotional or psychological abuse. The frequency and severity of domestic violence varies dramatically.” However, in Washington State Domestic Violence includes a more limited definition. In Washington State Domestic Violence is defined as (a) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; (b) sexual assault of one family or household member by another; or (c) stalking as defined in RCW 9A.46.110 of one family or household member by another family or household member. This statutory definition is similar to that of many states in that it omits the “systematic pattern of power and control perpetrated by one intimate partner against the other” otherwise known as “coercive control.” The omission of this provision in the statutory language creates difficulty in obtaining domestic violence protection orders, when the victim cannot describe instances of physical violence, stalking, or sexual assault, yet lives in very real fear of their partner. In this literature review, I will analyze the phenomenon that is now known as

The most important victim characteristic that influences case processing is the prior relationship between defendants and victims. The relationships between defendants and victims are more common that they are generally assumed. In domestic violence, it is most apparent in crimes against women. In cases like this, women are much more likely to experience violence committed by an intimate partner. The violence that are measured between the intimate partners is rather difficult because it often occurs in private and the victims are scared to report the incidents to anyone because the fear or retaliation from the accused. The battered women are not always interested in criminal prosecution. In the case of Payne v. Tennessee, it involves the eighth

Support: According to an article by Hannah (1998), "sparse data exists on the number of domestic violence cases that arrive in the criminal justice system and what happens to them once they get there. (44) The federal government and a majority of the states collect statistics on domestic violence, but there are wide variations in

As the dominant discourse would suggest, female victims of domestic violence face not only the debilitating psychological and physical traumas of abuse

In the United States, approximately 1.5 million women report some form of intimate partner violence (IPV) each year and of those an estimated 324,000 are pregnant (Deshpande & Lewis-O'Connor, 2013). According to Deshpande and Lewis-O’Connor (2013), IPV is defined as abuse that may be actual or threatened by an intimate partner that can be physical, sexual, psychological, or emotional in nature. It is important for health care providers to realize IPV does not only include physical or sexual abuse but also includes name calling, financial control, constant criticism, and isolating women away from their families and friends (Deshpande & Lewis-O'Connor, 2013; Smith, 2008). There are 3 phases of abuse tension building