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Violence, for example, against women by their husbands or other intimate male partners is prevalent and not new. Domestic Violence occurs when one household member chooses to use a pattern of physical assaults, threats of violence, and emotional abuse to maintain power and control over another. Persons guilty of domestic violence can be of either gender, but tend to be predominately male. In addition to obvious immediate trauma caused by violence, domestic violence has long-term, far reaching harmful effects on all members of the family. Society has decided that it will no longer tolerate such domestic violence. Domestic violence does not have to be the physical beating on another person, it now includes the threat of violence. Just making a statement of violence can now get a person charged with a crime, misdemeanor and subject to jail, fines, probation or even several weeks of rehabilitation classes. Domestic violence may also include different forms of control over the victim. For example, isolation from friends and family, verbal abuse, intimidation, economic abuse, coercion, use of children, sexual abuse, and stalking are some examples. Once violence begins in the relationship, it is likely to increase in frequency and severity over time. The most dangerous time for a survivor is when she attempts to leave. There is a myth that survivors of domestic violence prefer to stay in the abusive relationship, but the survivor's real fear of continued violence, lack of financial independence, reduced self-esteem and fear of losing her children are a few of the reasons battered women stay in the abusive relationship. When a woman finally does leave the abusive relationship, the law enforcement and the judicial systems cannot guarantee the safety of the survivor and her family, but now there are many resources available for victims of domestic violence. Shelters and local domestic agencies provide assistance and plans for safety. Michigan has responded to domestic violence through legislation which was passed to help protect the survivors of domestic violence. Michigan provides for Personal Protection Orders which are court-ordered restraints preventing contact between the assaulter and his victim, which may include no personal contact, at home or at work, no phone contact, no mail contact and certainly no assaultive behavior or threats. Beginning in 1983, the legislature passed acts to provide for the authority to issue domestic assault injunctions against spouses and current or former house mates, warrantless arrests for domestic assault or injunction violations, made stalking a misdemeanor, made spousal rape a crime, and required police to provide victims with referral services to local shelters and legal remedies and finally allowed for shelters and training. Myths and misconceptions can often interfere with the ability of the criminal justice system to adequately respond to domestic violence. Although the domestic violence laws were passed in response to the inadequacy of criminal prosecution, the wide range of relevant criminal assault charges should be pursued (Violence Against Women Act). Because Michigan now does not tolerate domestic violence at the absolute minimum, some Michigan Courts have decided that if you are liable to do something like that you are basically incompetent to raise a child. Domestic violence is an important factor during a divorce to determine custody of children. It is important to let your attorney know if you have been involved in an abusive relationship and are a domestic violence victim.
-- Butler, Durham & Toweson, Attorneys at Law |