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Social and Legal Policy Implications of Domestic Violence (From Alternative Means of Family Dispute Resolution, P 445-474, 1982, Howard Davidson et al, ed. - See NCJ-92365)

NCJ Number
92173
Author(s)
A Kohlberg
Date Published
1982
Length
30 pages
Annotation
This paper outlines the history of domestic violence in the United States and abroad, shows the progression of policies dealing with this problem, and examines social and legal issues of domestic violence in order to point out possible options to victims of spouse abuse.
Abstract
Domestic violence is shown to be endemic to Western civilization as well as to many other cultural milieus. The first law in the United States outlawing wife beating was passed in Maryland in 1882. In the early 1970's, domestic violence became illegal in Scotland and several other countries. A British woman, Erin Pizzey, made wife beating a social issue in 1971 by establishing the first shelter for battered women and by publishing a book on the subject. In the United States, the movement against domestic violence began in 1973 when the first shelter for battered women was founded in Arizona. Relevant class action suits are discussed, and the options available to a battered woman are examined. The fragmented and complicated system of social and legal services available is shown to be particularly confusing to a person in crisis. While it is against the law in every State to assault a spouse or family member, great variance exists in the feasibility of actually proceeding with criminal prosecution. Civil relief is another course of action open to victims. However, for some abused spouses, mediation offers a viable alternative. Mediation provides a constructive approach to a violent situation when the victim chooses to remain in the home. Some mediation centers use a social worker and legal personnel so that the victims' social, emotional, and legal needs can be addressed in an informative, professional way. A total of 22 references and 45 reference notes are supplied.