Professional Documents
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Abstract
In terms of domestic violence, some individuals believe that it is the
victims fault for and the abuse at the hand of the perpetrator is justified.
Others wonder why the injured party does not just leave the abuser.
Unfortunately, it is not that easy for the injured party. There are many
reasons that the injured party remains with an abuser and believes that the
fault is theirs, not the behavior of the perpetrator. A lot of the time a woman
does not have a place to go. She may not have access to the familys
finances and cannot get a hold of money. For a variety of reasons, she may
not want her family to know her issues and therefore she will not seek them
out for help with shelter. After a while, her sense of self and reality become
distorted and that can prevent her from making any type of rational decision.
These victims need access to emergency services to put some space
between themselves and their abusers. The injured party also needs
security and financial empowerment. Without these, there will not be a
foreseeable reduction in domestic violence. What policies are put in place to
help this at risk population? Do these policies work? This paper will present
various options that can be presented and examined.
would be very difficult for a man, women or child who is being violated by
their spouse to want to leave them, especially without any financial help. To
make matters worse, if victims decide to stay with their spouse, who
happens to be abusing a family member the victim could go to jail if the
crime goes unreported to the proper authorities.
Policies in Place
Statewide
According to the Michigan Department of Human Services, domestic violence
is defined as
the occurrence of any of the following acts by a person that is not an act of
self-defense: causing or attempting to cause physical or mental harm to a
family or household member; placing a family or household member in fear
of physical or mental harm; causing or attempting to cause a family or
household member to engage in involuntary sexual activity by force, threat
of force, or duress; and/or engaging in activity toward a family or household
member that would cause a reasonable person to feel terrorized, frightened,
intimidated, threatened, harassed, or molested.
Michigans DHS goes on to explain that Further, the act defines "family or
household member" to include a spouse or former spouse, an individual with
whom the person has or has had a dating relationship, an individual with
whom the person is or has engaged in a sexual relationship, an individual to
whom the person is related or was formerly related by marriage, or an
individual with whom a person has a child in common. In Michigan, abuse by
an intimate partner is recognized as a violent criminal act and investigated
by the police. In the past, over a one-year period, domestic violence victims
made more than 61,000 calls and 13,600 women and children were sheltered
as a result of abuse. It is noted that the state of Michigan also has another
board. It is called the FIA Domestic Violence Prevention and Treatment
Board. This board is engaged in handing out some funding for the private,
non-profit domestic violence shelters. This is accomplished by determining
the geographic size and the population of the area involved. (Michigan in
Brief, 2001) In 1992, Michigan enacted an anti-stalking law but it was called
too broad and too vague in relation to domestic violence. Presently, most
laws related to domestic violence allow restraining or personal protection
orders. Recognizing domestic violence as a crime enables law enforcement
to follow state laws when responding to domestic violence calls. Michigan
has also enacted measures that address the issue of targeted individuals of
domestic violence. These include prohibiting medical insurers from charging
higher premiums to victims, allowing the family division of circuit court to file
PPOs, expanding the scope of domestic-violence reports and revising
procedures when there is an arrest of a perpetrator. These changes have
assisted victims by allowing them to report the abuse violations with less
hesitation. Also, Michigan has enacted other measures that include
increasing public awareness and education about domestic violence,
increasing victim protection throughout judicial proceedings, creating
uniform standards for reporting and tracking domestic-violence crimes and
offenders and enhancing domestic-violence prevention training for judges
The Public Policy Office of the National Coalition Against Domestic Violence
(NCADV), located in the nations capitol, is a national leader in the effort to
develop and influence federal and state legislation that positively affects the
lives of domestic violence victims and their children. NCADV works closely
with domestic violence victims and advocates at the local, state and national
levels to identify the issues facing both domestic violence victims and their
children, and the people who serve them. (Jarret, 2013)
Internationally
There are international domestic violence laws that have been
accomplished through the work of the United Nations. With the help of the
Special Rapporteur on Violence Against Women, the U.N. addresses issues
such as human rights violations. This organization also works to bring
awareness, promote education and recognize that domestic violence is not
only a violation of human rights, but responsibility need to be addressed by
each country in the U.N. It also addresses the fact that the responsibility
needs to be addressed individually, countrywide, when it comes to
protecting women from violence by punishing the perpetrators and make
certain that the victims needs are met. (International Domestic Violence Law,
2010)
Are these Policies Dictated by Local, State or Federal Statue-or
Combinations?
Each specific area, statewide, national and international is dictated
separately by state, federal and international efforts to fight the war on
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both domestic violence victims and their children, and the people who serve
them. (NCJRS, 2007)
Internationally
There are international domestic violence laws that have been
accomplished through the work of the United Nations. With the help of the
Special Rapporteur on Violence Against Women, the U.N. addresses issues
such as human rights violations. The organization also work to bring
awareness, promote education and recognize that domestic violence is not
only a violation of human rights, but responsibility need to be addressed by
each country in the U.N. and responsibility needs to be addressed
individually when it comes to protecting women from violence, punish the
perpetrators and make certain that the victims needs are met. (International
Domestic Violence Law, 2010)
Are these Policies Dictated by Local, State or Federal Statue-or
Combinations?
Each specific area, statewide, national and international is dictated
separately by state, federal and international efforts to fight the war on
domestic violence. Michigan does have a policy that allows an individual of
domestic violence file what is called a Domestic Relationship Personal
Protection Order. The problem with this law is that it must be subject to a
judges discretion. Nationally, in 1994, Congress passed the Violence Against
Women Act. This act (and the 1996 addition to the act) recognized that
domestic violence is a crime that is national and the federal laws needed to
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help any overburdened state and their local criminal justice systems.
Congress also passed changes to the Gun Control Act in 1994 and 1996 that
made certain situations where domestic abusers possessing guns and
getting caught with those guns a federal crime. It also states that state and
local authorities will still handle these cases. However, federal laws and the
benefits gained by these laws may be applied when it is the most
appropriate course of action. International laws include S. 2279 and H.R.
5927 these laws were enacted to combat international violence against
women and girls. (Where Every Home is a Safe Home, 2005)
What Works, What does not Work, Especially for at risk
Populations (Your Critique of the Current Policy)
There are some programs that are available that seem to be
working well. The first program is based in Michigan. It is called
the Judicial Oversight Demonstration Initiative. This program is run
through the Justice Department and what it does is bring together
courts, police departments, District Attorneys office, probation
departments and victim services. It develops closer working
relationships between each department so that there is a stronger
bond developed to keep the lines of communication open. Another
program that is working nationally is aimed toward educating hair
salon owners to recognize the signs of domestic abuse and they are
trained to encourage suspected victims to get help. This program,
which originated in Alabama, is called Cut it Out. San Diegos
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Year)
Interview One Advocate, Legislature Regarding their Opinion of
Current Policy
September 13, 2014
Dear Senator Stabenow,
I am a BSW Social Work student at Wayne State University. I am
taking a SOCIALWELFARE IN THE UNITED STATES: CURRENT PROGRAMS class
and in this class we are to write a paper on a policy that we believe needs to
be looked at and reconsidered with different ideas so that we can take an
issue that is not working head on and come up with an idea or ideas that
may contribute to a better result to the problem.
As a BSW student in their senior year, I am doing a two-semester
intern ship at Turning Point, a domestic violence shelter locating in Mt.
Clemens, MI. Because of this, I decided to write my paper on the effects of
domestic violence in our society. Part of my assignment is to ask a member
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Our courts in Michigan can promote safety by taking away the rule
making power of the perpetrator. In order for this to be effective, the courts
need to review, reinforce and produce consequences for non-compliance. In
Michigan, the penalty for a:
Domestic Assault [MCL 750.81] (a victim need not be injured) is as
follows:
Criminal Penalties:
1st Conviction (misdemeanor): Up to 93 days in jail and/or $500 fine
2nd Conviction (misdemeanor): Up to 1 Year in jail and/or $1,000 fine
3rd Conviction (felony): Up to 2 Years in Prison and/or $2,500 fine
Aggravated Domestic Assault [MCL 750.81a] (Victim must receive
serious or aggravated
Criminal Penalties:
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In your opinion, do you think that these penalties are too harsh?
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every day. Often times, an accuser will make a false allegation of domestic
abuse out of anger or jealousy, or to gain the upper hand in a divorce or
child custody proceeding. Sometimes what appears to the police to be a
domestic battery was really an accident, or the arrested person having
acted in self-defense during a mutual struggle. In a struggle between a male
and a female, the male is usually the one arrested and charged even if the
female perpetrated the offense. Sometimes women file false police reports
indicating domestic violence just to get back at their partner. Although I
was unable to locate a good amount of information on this subject, I did find
that in Michigan, Judges treats cases such as this very seriously because
they constitute an attack on the judicial system, and incarceration is a
genuine possibility even for a first time offender. (Rockind,2012)
My question is, in regard to individual who filed a false police
report, do you feel that there needs to be better rules set in place so that
when a person is dishonest to the police and commits an act of perjury, and
do you think that a larger penalty would be imposed?
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While conducting my research, I discovered that the rate of reported
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domestic violence issues has gone down over the past several years. This
could be due to the recent counseling program for perpetrators that was
recently raised from 26 weeks to 36 weeks long for counseling sessions.
Michigan has also recently enacted an assault with strangulation law that
can result in a 10-year felony. The rate of reports could have also gone
down for other reasons, too. For example, since our drop in the economy,
perhaps victims feel that they are better off being abused than becoming
homeless. The list of reasons can go on and on. My final question to you is,
do you know of, or can think of some policies that can be put in place in
Michigan so that the rate of domestic violence diminishes?
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Thank you again for taking the time to read and hopefully answer
my questions regarding domestic violence. By writing this paper, my
mission is to produce some marked improvements involving domestic
violence. I believe that this issue right now is a hot button issue due to the
Ray Rice incident and this is a very good time to look at it since it is brought
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References
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http://www.americanbar.org/advocacy/governmental_legislative_work/
priorities_policy/access_to_legal_services/vawa_home.html
Michigan in Brief. (2002, April 1). Domestic Violence. Retrieved September
16, 2014, from
http://www.michiganinbrief.org/edition07/Chapter5/DomesticViolence.
htm
Quarter of Women Suffer Severe Violence. (n.d.). The National Intimate
Partner and Sexual Violence Survey: 2010 . Retrieved September 16,
2014, from
http://www.cdc.gov/violenceprevention/pdf/nisus/_report2010-a.pd
Rockind, N. (n.d.). Michigan DV Laws | Neil Rockind, PC. Neil Rockind PC.
Retrieved October 20, 2014, from
http://www.michigandomesticviolence.com/michigan-dv-laws/
Jarrett, K. (2013, April 8). American Bar Association. Violence Against Women
Act. Retrieved October 7, 2014, from
http://www.americanbar.org/advocacy/governmental_legislative_work/
priorities_policy/access_to_legal_services/vawa_home.html
Where every Home is a Safe Home. (2005, February 15). National Coalition
of Domestic Violence. Retrieved October 13, 2014, from
http://www.ncadv.org/publicpolicy/
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