domestic violence legislative action
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Domestic Violence 1
Domestic Violence Legislative Action
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Professor
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Domestic Violence Legislative Action
Domestic violence is the abuse of one partner by another partner in an intimate relationship.
Domestic violence occurs to women in most cases bur the women can be from any
socioeconomic background. Traditionally domestic violence was considered a family matter and
the police rarely intervened. While they may respond to the scene of a domestic violence
situation they would either instruct the abuser to quit their behavior or request they leave the
home until they cooled down. Beating your wife or intimate partner was never cause for arrest
despite the fact assault was illegal.
Domestic abuse is a serious problem in the United States and across the globe. Based on
research conducted by the Family Violence Prevention Fund found over 30 percent of citizens
have witnessed domestic abuse and this type o abuse is the leading cause of death for women.
Four million people are abused every year and according to the FBI a woman in America is
abused every nine seconds (LCB, 2012). Domestic abuse becomes a cycle in family when
children learn the behavior by observing the behavior in their home environment. Four women
die every day due to domestic abuse and 95% of the victims of domestic abuse are women.
Since police would do nothing to intervene and assist the victim of domestic abuse it required
a federal legislative response to ensure police would arrest the criminal offender responsible for
physically or sexually assaulting their domestic partner. Despite the development of the
womens movement in the 1970s and the support of special interests groups it was not until the
1990s before any comprehensive federal law was created to assist the victims of domestic
violence. Until the 1990s the domestic abuse victim was helpless to stop the domestic abuse and
the only option was to stay or go into hiding.
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The Violence Against Women Act of 1994 made domestic abuse illegal and created
mandatory arrest requirements for domestic abusers. The law also increased the penalties under
the Gun Control act for the abuser using a weapon. Under VAWA the community response for
domestic abuse would be support and funded by federal grants. States would be required to
develop domestic abuse laws and the public would be educated on the signs of domestic abuse.
Each state developed domestic abuse laws based on VAWA but each has different requirements.
Under Nevada law domestic violence is defined as an act of violence against a spouse, family
member, or other person who has a close relationship with the perpetrator (Bennett, 2002). In the
state of Nevada domestic abuse has been illegal since 1989 when laws began to emerge
forbidding men to abuse their wives. Under Nevada law a person determined to have committed
an act of domestic violence will be under a mandatory arrest policy. In Nevada domestic abuse
does not only include the domestic partner but also includes children, dating relationships,
spouses, and a blood relative.
In the 1991 and 1993 sessions legislation emerged further assisting the domestic abuse victim
in Nevada. In these sessions the state of Nevada established the first laws forbidding physical
abuse by the husband of the spouse and in 1993 established the abuse victimsright to obtain a
protection order. NRS allows for Orders for Protection against Domestic Violence and
established the right to get an emergency order via telephone if the situation is urgent.
In many other states the victim must wait till the court is open and set a date to request a
protection order. This is after hiring a costly lawyer. In Nevada the domestic abuse victim does
not have to wait for the appointed court date and can instead seek out assistance through a
domestic abuse shelter where a representative can request the emergency and temporary
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restraining order through the appropriate channels. Once a hearing is held the domestic abuse
victim can receive an extended restraining order that can last up to a year. When the abuser
violates the restraining order, however, they are on subject to a misdemeanor. This does not deter
the abuser form seeking out their victim and causing more harms or damage.
In Nevada if charged with domestic abuse the first time offender found guilty of the charge
will receive a misdemeanor charge with up to 1,000 dollar fine as long as no weapon is involved.
If the abuser then receives a second charge of domestic abuse they will be charged with a felony
and receive up to six months in jail and a $5,000 dollar fine. The third offense is a felony
resulting in a $10,000 dollar fine and up to one year in jail (Bennett, 2002). For each act of
domestic abuse the abuser will receive a higher fine and more criminal penalties. If the abuser
commit a fourth act the judge can imprison him for up to five years and impose up to a $15,000
dollar fine.
When a domestic abuse call is received by police in Nevada they can no longer go to the
scene and tell the abuser to cool off. In order to stop this behavior by police the Nevada
legislatures developed a mandatory arrest law requiring police to arrest the abuser if there are
any signs the victim has been physically harmed. The goal was to stop police from ignoring the
plight of the domestic abuse victim and arrest the domestic abuse offender. Under Nevada law
the domestic abuse shelter and other community programs are eligible for funding from the state
and will receive support from the criminal justice system.
Domestic abuse is a major problem in America despite federal and state responses. Domestic
abuse victims call police who know respond and arrest the offender but they do not receive but a
slap on the wrist and return home within hours even madder. In order for the domestic abuse
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victim to be truly protected laws must be prepared with more sever consequences and a denial of
bail. The victim needs time to make a plan to get away from their abuser.
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References
Bennett, D. (2002). Domestic Violence. Retrieved September 2, 2013 from
https://www.leg.state.nv.us/Division/Research/Publications/Bkground/BP95-02.pdf
Legislative Council Bureau. (2012). Justice System: Focus on Domestic Violence. Retrieved
September 2, 2013 from
http://www.leg.state.nv.us/Division/Research/Publications/PandPReport/33-DV.pdf
https://www.leg.state.nv.us/Division/Research/Publications/Bkground/BP95-02.pdfhttps://www.leg.state.nv.us/Division/Research/Publications/Bkground/BP95-02.pdfhttp://www.leg.state.nv.us/Division/Research/Publications/PandPReport/33-DV.pdfhttp://www.leg.state.nv.us/Division/Research/Publications/PandPReport/33-DV.pdfhttp://www.leg.state.nv.us/Division/Research/Publications/PandPReport/33-DV.pdfhttps://www.leg.state.nv.us/Division/Research/Publications/Bkground/BP95-02.pdf