Domestic Violence Law

We hear about it and see it on the news routinely: “Man kills woman.”…”It was an accident.”

An accident is a defense, not a description of domestic violence. Domestic abuse is never an accident. Now of course one may say, “I didn’t know she was going to die when I beat her to death.”

But that’s not the point. The minute you violate another person verbally, emotionally or physically, domestic violence is in play and so is the crime being committed.

Abusers and their defense attorneys take the “accident” defense, because it is all they have when the perpetrator, victim and incident are known. The accident card is the only thing left for them to stand behind in their effort to lessen the consequences.

The Anatomy of an Accident

An accident is something that happened without being planned, without being premeditated. It’s often avoided by other actions and reactions being taken…and may or may not be predicted.

It’s always unfortunate when it happens, and in some cases the accident that occurred can be a blessing in disguise. This, of course, depends on the outcome—that is the accident casualties.

An accident usually carries with it a lesson that awakens those involved, as well as bystanders looking in. The lesson teaches how to avoid such an accident again.

The Anatomy of Domestic Violence

Domestic violence is a violation of one person over-powering another person. The actual violation is the execution of the “action”…”behavior” that serves to disempower and control the victim.

It can be subtle, as it most commonly is, or it can be a heinous crime as in the case of intimate partner homicide. The specific abusive behavior may erupt out of a dispute between two intimate partners, or may emerge out of the perpetrator’s perception of their not getting their way.

Like an accident, it is always unfortunate because someone is being violated, compromised and hurt. The only blessings it can bring are when the victim gets away…before it spirals out of control.

Domestic Violence Strikes Again Without Responsibility

Defense attorneys have a job to defend their clients whether they have committed the crime in question or not. The defendant has a constitutional right to a defense. Most people know this and appreciate this fact.

However, let it be known that as we provide a defense for domestic violence, we send a message to the perpetrator and to those looking in that domestic violence can be an accident. The implication is that the perpetrator is not responsible for his violent abusive behavior. And until full responsibility is assumed, domestic violence will strike again.

Now, I realize that putting forth such a defense is not so simple, but to the masses a simple lesson is learned. And this lesson teaches abusers that they are not responsible for the outcome of their violations toward their victim. It teaches that the outcome of their violence is out of their hands.

If you are watching news of an intimate partner homicide, be mindful to separate criminal law from personal responsibility when domestic violence is in play.

Originally published here.

For information about intimate partner violence visit http://www.preventabusiverelationships.com/ebooks.php and claim your Free Instant Access to Survivor Success eInsights. Dr. Jeanne King, Ph.D. helps people nationwide recognize, end and heal from domestic abuse. Copyright 2010 Jeanne King, Ph.D. – Domestic Violence Prevention and Intervention

Jersey Shore Police Chief Investigated, Turns In Guns NBC10 October 25, 2007 …Cape May County’s prosecutor confirms to NBC 10 that Sea Isle City Police Chief William Kennedy is the subject of an internal affairs investigation… a judge Wednesday issued a temporary restraining order against Kennedy following a domestic violence complaint made by his wife. In response, the prosecutor ordered Kennedy to turn over all of his weapons, which he did… No charges have been filed… A dispatcher at the police department told Greenberg that Kennedy is on vacation. “That causes a problem for the city on the administrative side because you have a chief who is operating under a cloud of an allegation of domestic violence,” said city solicitor Paul Baldini. Prosecutors said Kennedy was ordered to assume only administrative duties at the police department and have no contact with his wife….

Through articles, book excerpts, cases, and statutes, the author encourages discussion of the legal system?s role in domestic violence situations. Topics range from historical and basic issues, such as restraining orders and tort suits, to controversial ones, including marital rape, arrest and prosecution policies, and battered mothers charged with failure to protect their children from batterers. Other chapters cover how domestic violence impacts different groups. Additional topics include guns, confidentiality and safety, and victims as welfare recipients, workers, tenants, and applicants for asylum. The materials foster critical thinking among students, as they include contradictory points of view.

Domestic Violence Law