Introduction
Although the issue of violence in families has always been prevalent in society, it was not until 1995 that domestic abusers were brought to federal justice and criminalization of their actions. Thus, the Violence Against Women Act (VAWA) of 1995 implies criminal responsibility for assaulting one’s partner physically and mentally in case the victim comes forward to the local or federal authorities (U.S. Department of Justice, 2021). The goal of this essay is to dwell on the existing procedure of domestic violence investigation in order to identify its relevance and areas for improvement.
Criminal Procedure for an Alleged Domestic Violence Assault
The first stage of the criminal procedure is reporting an act of physical harm. Currently, the victims of domestic abuse can contact either 911 or a state hotline for domestic violence prevention. After reporting a crime, the victim waits for the local police department to arrive at the location of the assault and arrest the alleged abuser until further details are revealed. Although the grounds for arrest differ by state, the common procedure is a preliminary evaluation of the victim’s physical and mental condition in order to justify or deny the probable cause for an arrest (American Bar Association Commission on Domestic Violence, 2018). Once the probable cause is estimated, the alleged abuser is arrested and taken away from the victim to prevent further harm. At this point, the victim is eligible to demand a no-contact order to ensure the defendant has no legal right to contact the victim in any way.
After the preliminary arrest, the investigation proper takes place to estimate the magnitude of the harm caused to the victim. The defendant is taken to a pre-trial hearing, where they have the chance to plead guilty or not guilty. If they claim guilty, the case is proceeded to the hearing to estimate the sentencing based on the defendant’s criminal record and the scope of assault. Under the VAWA, domestic abusers can be convicted to five years to life sentencing (U.S. Department of Justice, 2021). If no consensus is reached between the accusation and defense, the defendant and the prosecution collect evidence and defense for the trial. Ruled by a jury or a judge, the trial estimates whether the defendant is guilty based on the presented evidence and testified witnesses. In case the defendant is found guilty yet released from the penitentiary on probation, the victim is eligible for receiving a restraining order from the local police department.
The Assessment of the Process
The procedure of domestic abuse prosecution is an extremely challenging endeavor due to the nature of accusations that the defense can easily justify. According to the statistics, more than 1 in 5 women and 1 in 7 men have experienced severe physical abuse at least once, whereas thousands of people nationwide suffered from sexual violence and stalking by intimate partners (Centers for Disease Control and Prevention, 2021). However, the minority of these cases are brought to prosecution because the victim is afraid of their intimate partner. According to the National Coalition Against Domestic Violence (n.d.), the victims of domestic abuse do not report abuse because they are either afraid that their intimate partners can cause harm to them or their families or are concerned about their socio-economic status after they report abuse and leave the house.
Hence, considering the existing magnitude of domestic violence in the country, it is necessary for the legal system to actively collaborate with social institutions to help the victims. The primary issue with the existing system is the ambiguity of ratifying the VAWA, especially when defining an intimate partner as a member of the LGBTQ+ community. Another challenging aspect of current legislation is the lack of attention paid to emotional abuse in households. Frequently, the performance of physical abuse is the result of ongoing psychological pressure on the victim, including pressure, ultimatums, verbal threats, and depreciation of the victim. As a result, at the moment of physical abuse, the victim is highly likely to exist in a codependent relationship with no sense of self-worth, so they tend to take their police statements back or leave the abuse unreported. Such an alarming tendency should encourage federal legislation to present more substantial charges for emotional abuse of an intimate partner to avoid and prevent physical abuse.
Conclusion
The issue of domestic abuse in households is terrifyingly common nationwide. Considering additionally the victim’s reluctance to report cases of violence, it becomes evident that the current system of criminal punishment is not enough to stop the abusers, as the fact of domestic abuse is hard to prove. Moreover, the majority of victims are intimidated by their partners long before the act of violence is reported. For this reason, it is of paramount importance for the legislature to collaborate with social services and the community to promote the responsibility for emotional abuse between partners as the first step toward physical violence.
References
American Bar Association Commission on Domestic Violence. (2018). Domestic violence arrest policies by state [PDF document]. Web.
Centers for Disease Control and Prevention. (2021). Preventing intimate partner violence.Web.
National Coalition Against Domestic Violence. (n.d.). Why do victims stay?Web.
U.S. Department of Justice. (2021).Federal domestic violence. Web.