Jonah Patel
The issue of domestic violence and its relationship with the constitution has been a topic of discussion, particularly concerning the rights of victims and the role of law enforcement. The 14th Amendment to the U.S. Constitution guarantees equal protection of the laws, and the non-arrest policy by police in cases of domestic violence has been criticized as a form of sex discrimination, denying women this constitutional right. The Violence Against Women Act (VAWA), passed in 1994, recognizes domestic violence as a national crime and empowers federal laws to support state and local criminal justice systems. This act also addresses gun control, making it a federal crime for domestic violence abusers to possess firearms in certain situations. The complex dynamics of intimate partner violence and its impact on individuals, families, and communities have led to the development of resources and protocols to guide law enforcement and healthcare professionals in addressing and preventing domestic violence.
| Characteristics | Values |
|---|---|
| Definition of domestic violence | A pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner |
| Types of domestic violence | Physical, sexual, emotional, economic, psychological, or technological actions or threats |
| Federal laws | Violence Against Women Act ("VAWA"), Gun Control Act, Violence Against Women Reauthorization Act of 2022 |
| Federal crimes | Crossing state lines or entering/leaving Indian country and physically injuring an "intimate partner"; stalking or harassing across state lines or within US territory (including military bases and Indian country) |
| Qualifying domestic violence misdemeanor | Possession of a firearm and/or ammunition after conviction |
| Rights of victims | Restitution, including medical, psychological, and legal costs, temporary housing, loss of income, etc. |
| Hotlines | National Domestic Violence Hotline: 800-799-SAFE (7233) |
| Police non-arrest policy | Denies women equal protection guaranteed by the 14th Amendment, considered sex discrimination |
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What You'll Learn
The Violence Against Women Act (VAWA)
The Act established new offences and penalties for the violation of a protection order or stalking in which an abuser crossed a state line to injure or harass another, or forced a victim to cross a state line and then physically harmed them. VAWA also includes provisions on rape and battering that focus on prevention, funding for victim services, and evidentiary matters. It provides housing protections for people applying for or living in federally subsidised units who have experienced domestic violence, dating violence, sexual assault, or stalking, helping to keep them safe and reduce their likelihood of experiencing homelessness.
Since 1994, VAWA grant funds have been awarded to state, tribal, and local governments, non-profit organisations focused on ending violence against women, and universities. The Act has been reauthorised several times, with improvements and expansions made in 2000, 2005, 2012, 2013, and 2022. These reauthorisations have vastly improved services for victims of sexual and domestic violence and stalking, as well as education and training about violence against women for victim advocates, health professionals, law enforcement, prosecutors, and judges.
VAWA has been praised as one of the most effective pieces of legislation enacted to end domestic violence, dating violence, sexual assault, and stalking. It has received support from the ACLU and Vice President Joseph Biden, who was instrumental in initiating the effort to draft and pass the legislation. However, it has also faced opposition and legal challenges, particularly regarding the inclusion of a "private civil rights remedy" and increased penalties and pretrial detention, which some argued were unconstitutional.
The 2013 reauthorisation of VAWA included provisions to protect LGBTQ individuals and Native American women who were previously not covered by the law. It is now against the law for LGBTQ people to be dismissed from shelters or other VAWA-funded services because of their sexual orientation or gender identity. The 2013 Act also made it possible for non-Native Americans to be prosecuted in tribal courts for violence perpetrated against Native Americans.
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Gun Control Act
The presence of firearms significantly increases the risk of death or serious injury for victims of domestic or dating violence. An abuser's access to a gun can be used to threaten or coerce an intimate partner, which can lead to severe injury and escalating coercive control. The risk of death or serious injury is especially high when the abuser is a gun owner.
In recognition of this, the United States has a number of federal laws and amendments in place to prevent domestic violence offenders from possessing firearms. These include:
- The Lautenberg Amendment (also known as the Domestic Violence Offender Gun Ban), passed in 1996, which amended the Gun Control Act of 1968 by banning the possession of firearms by individuals convicted of a misdemeanour crime of domestic violence.
- The Gun Control Act of 1968, which already banned firearm possession by people convicted of a felony, was extended in 1994 and 1996 to ban domestic violence offenders as well.
- The Violence Against Women Act (VAWA), passed in 1994, which recognises that domestic violence is a national crime and that federal laws can help an overburdened state and local criminal justice system.
Despite these federal laws, the challenge remains in ensuring that states prosecute offenders. Only 42% of domestic violence cases involving police ever go to trial, and only 28 states allow law enforcement officers to remove firearms from people subject to a protective order. Furthermore, the decision to prosecute a particular case at a federal level depends on various factors, including the date of the previous conviction, the circumstances under which the firearm was obtained, and whether there are indications of a current potential for violence.
Overall, while the Gun Control Act and other federal laws provide important tools for preventing domestic violence offenders from accessing firearms, the effectiveness of these laws depends on consistent enforcement and prosecution at the state level.
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Rights of victims
Victims of domestic violence have rights under federal law, as outlined by the Violence Against Women Act (VAWA) and related legislation. Firstly, victims are recognised as victims of crime, and domestic violence is recognised as a national crime. This is important because it enables victims to access the criminal justice system and seek legal recourse.
VAWA provides a definition of domestic violence, which includes physical, sexual, emotional, economic, psychological, and technological actions or threats, as well as other coercive behaviours that intimidate, manipulate, or harm another person within an intimate partner relationship. This broad definition ensures that victims are recognised and protected, regardless of the specific form of abuse they have suffered.
Victims of domestic violence have the right to restitution, which means that the court can order the abuser to pay the victim for any losses incurred as a result of the offense. This includes medical or psychological care, physical therapy, transportation, temporary housing, child care expenses, loss of income, attorney's fees, and any other costs. Victims are also entitled to civil protection orders, which can help keep them safe from their abusers.
In addition, victims of domestic violence have the right to access resources and support services. This includes hotlines, shelters, and other forms of assistance that can help them escape abusive situations and begin the healing process. Victims can also benefit from firearms laws that aim to keep guns out of the hands of abusers, reducing the risk of death or serious injury.
Furthermore, victims have the right to be free from discrimination by law enforcement. The 14th Amendment to the U.S. Constitution guarantees equal protection under the law, and police policies of non-arrest in cases of domestic violence have been found to deny women this protection, constituting impermissible sex discrimination. This recognition empowers victims to challenge discriminatory practices and seek justice.
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Police non-arrest policy
The police policy of non-arrest in cases of domestic violence has been criticised for denying women equal protection under the law, guaranteed by the 14th Amendment to the U.S. Constitution. This non-arrest policy is argued to be an impermissible form of sex discrimination, as it is based on the stereotypical view that men have a right to beat their wives. The policy is not gender-neutral and is instead explicitly directed against women, which constitutes a violation of equal protection.
In defence of the non-arrest policy, it could be argued that police noninterference in domestic problems serves an important state interest. However, critics highlight that this interest is based on a discriminatory intent to harm women and perpetuate the notion that a man has the right to rule his home as he pleases. This intent can be proven through explicit statements made by officers or justifications of family privacy, which reveal underlying sexist beliefs.
The non-arrest policy is particularly concerning given the serious nature of domestic violence. Domestic violence is a pattern of abusive behaviour used to gain or maintain power and control over an intimate partner. It can take many forms, including physical, sexual, emotional, economic, psychological, and technological abuse, as well as threats and coercive behaviour. The presence of firearms significantly increases the risk of death or serious injury for victims of domestic violence.
To address these issues, federal laws have been enacted, such as the Violence Against Women Act ("VAWA"), which recognises domestic violence as a national crime. The VAWA includes provisions to prevent domestic violence offenders from possessing firearms and ensures restitution for victims. Additionally, changes to the Gun Control Act make it a federal crime for certain individuals convicted of domestic violence misdemeanours to possess firearms or ammunition. These federal laws support state and local authorities in addressing domestic violence and provide additional legal avenues for prosecution and victim protection.
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Definition of domestic violence
Domestic violence is a pattern of abusive behaviour in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. It can occur in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, dating, or sharing a child. Domestic violence can affect people of all ages, races, sexual orientations, religions, sexes, gender identities, socioeconomic backgrounds, and education levels. It is a national crime and federal laws can help an overburdened state and local criminal justice system.
The Violence Against Women Act (VAWA) contains a definition of domestic violence that governs the programs funded under the Act. The Act recognizes that domestic violence is a national crime and that federal laws can help state and local criminal justice systems. It is a federal crime under VAWA to cross state lines or enter or leave Indian country and physically injure an "intimate partner", or to stalk or harass within the United States. In addition, it is a federal crime under the Gun Control Act for domestic violence abusers to possess guns.
The types of domestic violence include physical, sexual, economic, and emotional abuse, alone or in combination. Physical abuse involves hurting or trying to hurt a partner by hitting, kicking, burning, grabbing, pinching, shoving, slapping, hair-pulling, biting, denying medical care, or forcing alcohol or drug use. Sexual abuse involves threatening or committing sexual assault. Emotional abuse includes causing fear by intimidation, threatening physical harm to oneself, one's partner or children, destruction of pets and property, or forcing isolation from friends, family, school, and/or work. Economic abuse involves making or attempting to make a person financially dependent by maintaining total control over financial resources, withholding access to money, and/or forbidding attendance at school or employment.
The presence of firearms significantly increases the risk of death or serious injury to victims of domestic violence. Abusers' use of guns to threaten or coerce intimate partners can lead to severe injury and escalating coercive control. It is important to note that victims of domestic violence often make several attempts to leave the abusive relationship before succeeding.
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Frequently asked questions
The 14th Amendment to the U.S. Constitution guarantees equal protection of the laws, which has been interpreted to include protection for women facing domestic violence. The Violence Against Women Act ("VAWA"), passed in 1994 and amended in 1996, recognizes domestic violence as a national crime and gives victims certain rights and protections.
The presence of firearms significantly increases the risk of death or serious injury for victims of domestic violence. The Gun Control Act makes it a federal crime for domestic violence abusers to possess guns in certain situations. Additionally, it is a federal crime under VAWA to possess a firearm and/or ammunition after being convicted of a qualifying misdemeanor crime of domestic violence.
Domestic violence refers to a pattern of abusive behavior in any relationship that is used to gain or maintain power and control over an intimate partner. This can include physical, sexual, emotional, economic, psychological, or technological forms of abuse, as well as threats and coercive behavior.
