Temporary Ex Parte Case Study

The current laws in place for protecting victims of domestic violence are not as effective as they could be. Many times a person who is experiencing domestic violence will be referred to a refuge

When the off duty abuser is the main source of income for the family, his colleagues will not charge him with domestic violence and the wife is left with no recourse, which leaves the wife in a vulnerable situation because the violence is likely to be repeated. Women in this situation suffer higher levels of physical abuse because they are totally dependant on the husband as the provider (Wetendorf, 1998:2-3). Police departments have a poor record of dealing with domestic violence when the perpetrator is one of their own (Villa, 2002:1). For example, I interviewed Gerry Blair of the Flagstaff Police Department with concerns of disciplinary policy

Upon arrival, I spoke with the petitioner of the order of protection (Muro, Christine DOB 08/15/55), who related her daughter (Corona, Christina DOB 08/15/88) was inside her bedroom and that she has an active order of protection. Muro provided Cook County Order of Protection, which was valid and served. Corona was prohibited from entering or remaining at the residence/household inhabited by protected person(s). I made contact with Corona inside her bedroom. Corona was checked through L.E.A.D.S., which revealed she an active order of protection and warrant from Cook County. Corona was placed into custody at 0016 hours and transported to the Cicero Police Department. Muro signed one misdemeanor complaint for violation of an oder of protection. Muro was issued a Maybrook Court date (10/19/15 at 9:00 A.M. in room 104) and a Domestic Violence packet on the scene.

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

Shields was explained her rights under the New Jersey Prevention of Domestic Violence Act, including her right at this time to obtain or apply for a temporary emergency restraining order. At this time, Ms. Shields stated she did not want a temporary emergency restraining order or to sign criminal charges, and signed the attached victim notification form. A check of the Domestic Violence Registry revealed no past or existing orders between the two parties. A check of Shield’s person revealed no obvious signs of an injury, and she had no complaint of pain. No further police action required at his

An individual may stay in a violent relationship for a variety of factors, making it difficult to remain safe. For example, love, fear, pride, loyalty, embarrassment, children, lack of knowledge about options, low self-esteem, or a combination of these factors. Thus, safety is the first priority for any victim of domestic violence (California Attorney General's Office, 2002). As such, a critical first step for Dr. Breyker is to identify, validate, and address the heightened dangers Anita could face. Effectively blocking Ab’s ability to continue his control over Anita should also be uppermost in determining the referrals Dr. Breyker will give to Anita. Naturally, referrals to law enforcement are primary. But the individual circumstances of Anita’s

The decision to get away from a physically or verbally abusive person may involve some fear that your spouse will make threats or emotionally hurtful attempts to persuade you to stay, or become violent in response to your leaving. In these cases, legal intervention such as a restraining order is often necessary to prevent further contact and keep you and your children from experiencing more harm.

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

Sullivan and Bybee (1999) stated that one way that the abuser can control the victim is through social isolation, cutting off any social ties to family and friends to prevent the person from turning to someone for help. Having such ties has been helpful in the past when victimized women have left their assailants with the help of friends and family members. Aside from social support, another important support is community resources to respond to domestic violence, which is very helpful to decrease risk of abuse by their perpetrators. One of the main reasons that abused women return to their abusive partners is that they are unemployed and have no way to financially support themselves. Other resources important in reducing the risk of domestic violence are: “medical attention, child care, affordable housing and safe housing, and help from social service agencies” (p. 44).

you, hurt you, or just do anything to make you afraid of leaving. Nancy Worcester claims “boys

When a woman takes responsibility to leave an abusive relationship, she is still vulnerable and at risk for injury or death. She accepts the fact that her partner will not, or cannot stop their abusive behavior, she decides she will no longer submit to it and begins to start a new life. Abused women are in the greatest danger when they leave their abuser, she may be stalked, threatened, attacked, and even killed. When a woman chooses to file for a retraining or protective order,

On the behalf of their family that is being abused. While many may already feel that protection orders does not protect when it really needs too. According to J Am Acad Psychiatry Law 38:3:376-385 protection orders are legal interventions designed to reduce the risk of a future threat or harm by a person who is determined to pose a threat to another. That would be another reason why it should not be limited to who is able to apply.

Criminal courts may be of help to victims of domestic violence and child abuse and neglect, by issuing orders of protection and adjudicating the guilt or innocence of accused

Mandatory arrests for domestic violence do happen upon the arrival of law enforcement to a scene and every state has their own specific policy regarding this. There are a handful of states that have mandatory minimum sentencing for domestic violence, such as Illinois, Iowa and California to name a few (Battered Women’s Justice Project, 2014). Mandatory arrest deescalates violent situations and creates a level of accountability for abusive people.

Women’s shelters, also called domestic violence shelters, serve as a community housing resource for individuals who need to escape abusive situations. Past maltreatment could range from physical violence to psychological or even financial control. AOTA (2011) defines domestic violence as: “pattern of coercive behavior designed to exert power and control over a person in an intimate relationship through the use of intimidating, threatening, harmful, or harassing behavior.” Oftentimes, there have been several layers of abuse happening simultaneously. While residents who end up at shelters have typically lived through traumatic experiences, their specific ordeals and personal reactions to them will vary. The people seeking shelter are survivors who have taken the first step towards changing their lives for the better or people in the middle of crisis.