DOMESTIC VIOLENCE HOMESTUDY - 2 HOURS |
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or fax to: (305) 651-1427 |
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I. WHAT IS DOMESTIC VIOLENCE? Domestic violence is a crime in all fifty states. Florida law (741.28, F.S.) defines domestic violence as "any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, false imprisonment, kidnapping, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit". Domestic violence may also be defined as a "pattern of controlling behavior by one person who has a personal, intimate or familial relationship with another." (Governor's Task Force on Domestic Violence, 2000). The crime of assault is an intentional, unlawful threat, by word or act, to do violence to someone, coupled with an apparent ability to carry out such threat, creating a well-founded fear in the other person that violence is imminent. Aggravated assault is assault with a deadly weapon. The offense of battery occurs when a person intentionally touches or strikes another person against their will or intentionally causes them bodily harm. Knowingly causing great bodily harm, permanent disability or disfigurement, using a deadly weapon, or committing battery against a pregnant victim is aggravated battery . Anyone who willfully, maliciously and repeatedly follows or harasses another person, for no legitimate purpose, causing substantial emotional distress, commits the offense of stalking . Making a credible threat which causes someone to reasonably fear death or bodily injury either for themselves, their child, sibling, spouse, parent, or dependent, is aggravated stalking . Kidnapping and false imprisonment mean forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority. Because violence inflicted by an intimate partner has traditionally been treated more leniently by law enforcement than violence inflicted by a stranger, domestic barterers are not always arrested. On January 5, 2006, the President signed the "Violence Against Women" Reauthorization Act. This works though the use of STOP grants. As a result, "victims are safer, better supported by their communities, and treated more uniformly and sensitively by first-response workers." A. MYTHS ABOUT DOMESTIC VIOLENCE Myths and misunderstandings about domestic violence abound. Although domestic violence occurs in approximately one out of three relationships , it remains one of the nation's best-kept secrets. Domestic violence is the most under-reported crime in the country, with the actual incidence probably 10 times higher than reported. It remains a major health concern. One prevalent myth is that perpetrators of domestic violence strike when angry and out of control. On the contrary, violence is an intentional choice, used to establish power and control in an intimate relationship. (Barterers manage not to beat their bosses or terrorize their friends when they are angry.) Domestic abuse is always about power and control . While the violence may not occur often, it is a constant underlying factor in the relationship. Although the first violent incident may not be severe, once battering begins, it tends to increase in severity and frequency, sometimes leading to permanent injury or death. The occasional slap or shove can evolve into a push down the stairs, a punch in the face or a kick in the stomach. Another myth is that perpetrators are driven to violence by the behavior of their partners. In fact, perpetrators are unaffected by their partners' efforts to change their behavior in order to appease them. The behavior the abuser chooses to target at any one time usually cannot be predicted by the partner, and this unpredictability is a major means for the banterer to maintain control. B. SEXUAL ORIENTATION AND GENDER
According to the U.S. Department of Justice (2005), 73 percent of domestic violence victims are women. However, many studies indicate that women are just as likely as men to physically attack their partners, frequently compensating for their smaller size and inferior strength by employing the element of surprise and by using weapons, including guns, knives, boiling water, bricks, fireplace pokers and baseball bats. So, although crime statistics indicate large imbalances in the number of domestic violence incidents against men and women, this may result (at least in part) from the fact that an abused woman is many times more likely to report abuse than an abused man. Men are less likely to call the police, even when there is injury, because their shame about disclosing family violence is compounded by the shame of not being able to keep their partners under control. Moreover, the police tend to share these same traditional gender role expectations. As a result, police are frequently reluctant to arrest women for domestic assault. Women know this. As in the case of other crimes, the probability of a woman assaulting her partner is strongly influenced by what she thinks she can get away with. C. THE COSTS OF DOMESTIC VIOLENCE Domestic violence, also known as intimate partner violence or family violence, takes a profound toll on the family and on society. In addition to its devastating psychosocial effects, domestic violence is heavily implicated in rising healthcare costs, as well as increased absenteeism and decreased productivity in the workplace. The Centers for Disease Control and Prevention (CDC) report that domestic violence affects more than 32 million Americans annually, causing more than 2 million injuries and approximately 1,300 deaths (CDC, 2005). Rape, incest and dating violence are all considered to be forms of domestic violence. Approximately 1.5 million women and more than 800,000 men are raped and/or physically assaulted by an intimate partner annually. The term family violence also encompasses violence directed against children, and maltreatment of elders by spouses, children, other family members or other caretakers. Many older Americans, particularly women, are victims of family violence. According to the American Psychological Association (2007), each year an estimated 2.1 million older Americans experience physical, psychological or other forms of abuse, neglect or exploitation. About 80 percent of abused elders are women, and those over age 80 are the most frequent victims of abuse.
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Domestic violence is blind to sexual orientation or gender. It is not a heterosexual problem; domestic violence afflicts the same percentage of homosexual as heterosexual relationships. However, because some homosexuals have internalized the belief that domestic violence only occurs in opposite-sex relationships, they may not recognize domestic violence even as it is happening to them. A frequent obstacle impeding homosexual victims of domestic violence from seeking help is a perception, sometimes justified, of police and societal homophobia. 
s unemployed or sees the child as a rival for the woman's time and attention. Violence occurs in up to 8 percent of pregnancies, and is particularly associated with unplanned pregnancy.