1997-98 Academy Text Supplement

Chapter 13


Domestic Violence

Statistical Overview

VAWA Authorized Hotline

The Model Domestic Violence Code

Since the Model Domestic Violence Code drafted by the National Council of Juvenile and Family Court Judges was introduced to the National Conference of State Legislatures in 1994, it has been enacted in whole, or in part, by some jurisdictions.

Specifically, the Model Code requires the following:

Response of the Medical Profession to Domestic Violence

Medical research has confirmed the prevalence of domestic violence among patients, and the ways in which medical personnel have traditionally overlooked the problem: (JAMA: Journal of the American Medical Association, 1995.)

To respond to this public health crisis, task forces have been formed across the country to create policies and practices to improve the health care system response.

Partnership: NDVH and Deaf Advocates

The National Domestic Violence Hotline, the Abused Deaf Women's Advocacy Services (ADWAS) of Seattle, the National Association of the Deaf (NAD), and Deaf Women United have developed a partnership to work together to build the national infrastructure for deaf victims of domestic violence. The ultimate goal is to ensure that any deaf victim can call the Hotline and be connected to a deaf advocate somewhere in the U.S., who will assist them with their local service providers. As a result of a needs assessment survey, the NDVH has developed a packet of information for service providers that includes Guidelines for Accessibility, Tips for Using a Sign Language Interpreter, a special offering by Harris Communications with a discount on adaptive equipment, and training opportunities on deaf issues. For more information, contact Carmen Keltner at the Hotline (512/453-8117) or Marilyn Smith at ADWAS (206/726-0093 (TTY) or 206/726-0017 (fax).

Certain Federal Domestic Violence Offenses and Statutes

The Violence Against Women Act of 1994 amended the federal criminal code to extend additional protections for victims of domestic violence. Additional provisions have since been added to the code. A list of many of these significant statutes is provided below.

Interstate Domestic Violence: (18 U.S.C. 2261(a)(1) and (2))

Interstate Stalking: (18 U.S.C. 2261A, enacted September 23, 1996)

Interstate Violation of a Protective Order: (18 U.S.C. 2262(a)(1) and (2))

Firearm Offenses: (18 U.S.C. 922(g)(8))

Firearm Offenses: (18 U.S.C. 922(g)(9))

Restrictions: (18 U.S.C. 922(g)(9))

Other Relevant Statutes:

Full Faith and Credit:

The Full Faith and Credit provision of Violence Against Women Act, (18 U.S.C. 2265), requires states and Indian tribes to enforce "valid" protection orders issued by foreign states and Indian tribes as if the orders had been issued by the non-issuing, enforcing state or Indian tribe. In other words, whatever the implications of violating a protection order are in the new state or Indian land, these apply to enforcement of the order from the old state or Indian land. In addition, if the person is ineligible for a protection order in the new state but she/he was eligible for the protection order in the old state, the new state must still enforce the foreign order.

Penalties:

New Publications Addressing Domestic Violence

Law School Education on Domestic Violence

In 1997 the American Bar Association (ABA), with support from the Office for Victims of Crime, released an report on the important responsibility of law schools to integrate the teaching of domestic violence laws and issues into law school curricula. The report, entitled When Will They Ever Learn? Educating to End Domestic Violence - A Law School Report, was developed by members of the ABA Commission on Domestic Violence. It addresses the advantages of integrating domestic violence issues into law school curricula, incorporating domestic violence legal issues into law school curricula, linking law school programs in the community, and the many challenges in incorporating domestic violence legal issues into legal education. All levels of legal education are addressed, including core curricula courses, upper level courses, clinical programs, and co-curricula programs. The report provides recommendations for enhancing law school's response to domestic violence, not only in educating future lawyers but in providing pro bono legal assistance to domestic violence victims through legal clinics working in partnership with community groups. (Goleman & Valente. (1997). When Will They Ever Learn? Educating to End Domestic Violence - A Law School Report. Washington, DC: American Bar Association.)

Drugs, Alcohol and Domestic Violence

In October of 1997, the National Institute of Justice released findings from a research study conducted in 1995 in Memphis, Tennessee on the extent of drug and alcohol use/abuse in domestic violence incidents. The report, entitled Drugs, Alcohol, and Domestic Violence in Memphis, revealed important data:

Based on these findings, researchers recommended that future responses to domestic violence should include:

(Brookoff, D. (1997, October). "Drugs, Alcohol, and Domestic Violence in Memphis." National Institute of Justice, Research Preview. Washington, DC: U. S. Department of Justice.)

Batterer Intervention Programs

In February of 1998, the National Institute of Justice released a comprehensive report entitled Batterer Intervention: Program Approaches and Criminal Justice Strategies. The report provides information to criminal justice and victim advocate professionals about how to effectively and knowledgeably work with batterer intervention staff to make informed choices about program referral.

The primary goal of the report is to improve the working relationship and mutual understanding between criminal justice personnel and batterer program staff. A secondary goal of the report is expand the debate about innovative batterer intervention approaches to include criminal justice personnel who work with batterers daily, and criminal justice policymakers who are concerned with domestic violence. (Healy, Smith, & O'Sullivan. (1998, February). Batterer Intervention: Program Approaches and Criminal Justice Strategies, NCJ-168638. Washington, DC: National Institute of Justice, U.S. Department of Justice.)