Federal and State Laws on Domestic Violence

Federal and State Laws on Domestic Violence

CJ 333 Family and Domestic Violence

Federal and State Laws on Domestic Violence

The federal and state government has come up with specific laws for domestic violence. These laws have provided resources that are helpful for the victims that are put in these predicaments. I have chosen two laws, one from the state of Georgia, and the other a federal law. The federal law that I have chosen is The Violence Against Women Act (VAWA), and the state law is Georgia’s Family Violence Act. In this essay, I will discuss both laws and provide examples for each law.

The federal government implemented the Violence Against Women Act in 1994. Its sole purpose was to help women who were battered, stalked, and sexually assaulted. Congress passed the Violence Against Women Act in 1994 as part of the Violent Crime Control and Law Enforcement Act of 1994. This law not only assisted the victims, but helped raise awareness to the communities. It also helped by providing assistance to agencies such as trainings and resource centers for the victims.

The federal Violence Against Women Act included provisions that helped improve the criminal justice systems as well as the state court systems. This step that was taken when this act was created to end the violence against women. The Violence Act Against Women Act also “included provisions on rape and battering that focused on prevention, funding for victim services and evidentiary matters” (History of VAWA).

The impact that the Violence Against Women Act has made a great impact and improved tremendously for the victims and their families. It has increased the resources that are available to the victims. The Violence Against Women Act has also included sexual assault and stalking in the initial mandate. The Violence Against Women Act has also improved resources to help communities of color and also immigrant women that may be in need. This program has been a huge success for the women who are victims. They no longer have to flee when the violence occurs. They are able to stay and defend their rights.

The first example that I am going to provide is the O.J. Simpson case. In this case Nicole Simpson and Ronald Goldman were found outside of the Simpsons home stabbed to death. Nicole’s husband, O.J. Simpson was the suspect that was arrested several days later. He was said to be an abusive husband. The 911 center had calls where Nicole had called in fear and was or feared of being attacked by her husband, O.J. “Prosecutors used this history of domestic violence to paint Simpson as a jealous and obsessive former husband who killed the pair in a fit of rage” (McKinley, 1996). Several months after this case, the federal law, Violence Against Women Act was created.

The second example of the Violence Against Women Act is going to be the first conviction that was received under this act. In 1995, in West Virginia, Christopher Baily was convicted of an act of domestic violence while crossing the state line. “Prosecutors claimed that

Bailey beat his wife then kept her unconscious in his car trunk while he drove for six days around West Virginia, Kentucky and Ohio” (McKinley, 1996). He was sentenced to a twenty-year penalty for this act of domestic violence, and also life for a kidnapping charge.

The Georgia state law that I decided to use was the Family Violence Act. This act was enacted into the Georgia legislature in 1981. This act was brought forward in “attempt to bring an end to acts of family violence, or at the least, to provide courts with the authority to order temporary relief as it deems necessary to protect a potential victim from family violence” (Sterns-Montgomery, 2010). According to Sterns-Montgomery, the Family Violence Act was created for the victims that were subjected to the acts of family violence because they were often reluctant to seek help.

The Family Violence Act was created to help protect people such as spouses, children, and any other people living or formally living in the same house. This law covers crimes such as battery, assault, stalking, and even criminal trespass. Under this act, you don’t have to be married in order to be a victim of domestic violence in Georgia. According to FindLaw, this act can also be used to get temporary custody, financial support, and other assistance for the abused person. This act can also be used for the victim to order an abuser to leave the victim alone. The abuser could possibly have to give the victim possession of the home temporarily. If an order is broken with this law, the abuser could end up in jail.

My first example for this law is the Davis-Redding v. Redding case. The couple was married in 1993 and lived together until 1999. Redding began staying with his brother and left their two children with his wife. The wife brought over Halloween costumes when staying with their father. The children came out of the door to give their mom a hug, and the father grabbed them by the arms and ordered them back inside. He then began to grab his wife by the arm as she wrestled away and ran for her car. As she drove away, he punched her window and broke the mirror to her car. He was the primary aggressor in this situation.

The second example I would like to share is Duggan v. Duggan-Schlitz case. This case started when Stephanie Duggan-Schlitz filed for a temporary protective order under the Family Violence Act. She was granted the temporary protection order on May 14, 1999, but would last no longer than six months. Just before the six months were up, Stephanie filed to have the temporary protection order moved to a permanent one. In this case, Stephanie was abused and felt like she needed to file the temporary order. Filing the order could give her a sense of security.

These laws, both federal and state, are very important laws. They are to assist the victims of domestic violence and ensure them that they have resources. It also helps the law enforcement officers with making better judgment calls on domestic violence cases. Over the years, the acts and laws have better served these victims and their families.

References

History of VAWA

Retrieved from: https://www.legalmomentum.org/history-vawa

Sterns-Montgomery, M. (2010) What is “Family Violence” and what can you do about it?

Retrieved from: https://stearns-law.com/blog/domestic-violence/what-is-family-violence-and-what-can-you-do-about-it

McKinley, S. (1996) The Violence Against Women Act After United States v. Lopez: Will Domestic Violence Jurisdiction Be Returned to the States

Retrieved from: https://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?referer=http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwjQ9MvMluHbAhUOVa0KHYniCZYQFggpMAA&url=http%3A%2F%2Fengagedscholarship.csuohio.edu%2Fcgi%2Fviewcontent.cgi%3Farticle%3D1583%26context%3Dclevstlrev&usg=AOvVaw1GhbUcmnqWFSSMaopOuZa8&httpsredir=1&article=1583&context=clevstlrev

FindLaw

Retrieved from: https://statelaws.findlaw.com/georgia-law/georgia-domestic-violence-laws.html

Johnson, E. (2000) Duggan v. Duggan-Schlitz

Retrieved from: https://www.courtlistener.com/opinion/1358598/duggan-v-duggan-schlitz/

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