![]() ![]() ![]() Again, this points to how the abuse must be severe enough.įor proponents of second chances, being in a violent environment of incarceration may socially construct abusers to stray from rehabilitation and go down the path of recidivism. In an article called “Can You Cure A Domestic Abuser?,” Matthew Wolfe of The Atlantic writes that most domestic abusers don’t go to prison. To her, the way to address domestic violence was to destroy this attitude. And while physical abuse is given the most attention by police, there are other forms of abuse just as harmful but more difficult to identify and address, such as financial, psychological, and others.Įllen Pence, one of the founders of the Duluth Domestic Abuse Intervention Project, took on a more women-oriented stance when she stated that men who abuse their partners do so over a span of years and that abuse is a social tool for a man to sustain and establish a patriarchal relationship. Although standalone instances of abuse are uncommon, the cases may not happen linearly and consistently. According to a 2016/2017 survey by the National Intimate Partner and Sexual Violence Survey (NISVS), about 41% of women and around 26% of men experienced sexual violence, physical violence, and/or stalking by an intimate partner at some point in their lives.īut treating the issue punitively in a one-size-fits-all way is inappropriate. As stated by the National Coalition against Domestic Abuse, as of December 2019, California had submitted 12,484 domestic violence misdemeanor convictions to the National Instant Criminal Background Check System a staggering proportion of both women and men have experienced some form of physical violence by a partner. The prevalence of domestic abuse is evidently immense. Thus, while actions like an arrest would physically remove the main aggressor(s) from the equation, this route does not necessarily establish an avenue for the perpetrator to correct their ways or even stop them from committing the same violence again. When all parties are arrested in these cases, the individual who faced abuse may not put their trust in the criminal justice system if a later incident of abuse transpires. He also found that arrests did not usually lead to convictions. However, David Hirschel, a researcher on domestic violence cases, stated in a 2008 piece that this may come from the inclination to arrest all parties involved (to be unbiased) and an inability to find the main aggressor. Again, this does not always mean that the crime was actually perpetrated by both parties. Some argue that states with mandatory arrest policies have more arrests involving domestic abuse, particularly for women. A mandatory arrest entails that if there is probable cause for officers to believe that domestic violence occurred, an arrest can be made whether the crime actually took place or not.Īlso, individuals who inflict direct harm against their partner or spouse can be imprisoned for up to four years along with or without a fine, according to Penal Code Section 273.5. ![]() If a previous arrest record or an existing restraining order is uncovered, a mandatory arrest would be conducted in the state. Penal Code 13701, an arrest can happen if there is probable cause that a domestic violence offense has been committed, but the aim is usually to find the primary aggressor. There is little room for easy answers.Īccording to the Cal. And if one chooses not to pursue charges-either to protect their loved ones or to prevent future retaliation from them-the abuse goes unpunished and unchallenged. Even if trust is ensured and the perpetrator is arrested, abusers are often not locked away-except in extreme cases. Trust, confidentiality, and certainty are all necessary. Still, if not solely out of desperation, calling the police in urgent times requires a belief they will help. ![]() This contrasts with a time decades ago when police officers attempted to mediate situations of domestic violence by having the two parties talk to one another and “cool off.” Now, cases of violence are more scrutinized and less stigmatized. Her mother, who called the officers, eventually sent them away-despite their earnest insistence that she could have her husband arrested with a signed police form. Editor’s Note: This article contains potentially upsetting discussions regarding domestic and sexual violence.Ī few years ago, a peer told me about being on the sidelines while her parents had a small, physical altercation that led to the police appearing at their doorstep late at night. ![]()
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