At this point in your text, you have read and commented upon many aspects of an intra family case. In this assignment, select what the MOST impactful conditions are that complicate domestic violence cases and discuss them. What are they? Are there services to overcome them?
Domestic violence is a scourge that affects millions of people in the US annually. Devastating physiological and physical problems often characterize this vice. As a result, it is increasingly crucial for victims to report domestic violence cases to the police station for abusers to be sued and charged in a court of law. The victim deserves justice, and the abuser should face the full wrath of the law. Domestic court cases are sensitive and require a high level of compassion, empathy, and expertise when dealing with both victims and the abuser. This essay provides an in-depth analysis of the conditions that complicate domestic violence court cases as well as the services available to overcome them.
One of the most common conditions that ruin the court’s proceedings is when a victim fears the consequences of reporting the abuser. Abusers hold the victims captive and silence them for so long that they develop a fear of going against him/them. The victim may feel as though he/she is betraying the abuser. In such a scenario, the court case is characterized by false statements, cover-ups, and constant withdrawal of the charges. If the case was initially reported to the police, withdrawal of the causes denies the victim justice as the abuser will not go to trial (The University of Queensland 1). It is increasingly difficult to determine the story’s credibility in such a scenario as there is no solid evidence if the victims present incomplete information. This experience paralyzes the legal team’s works as they cannot continue with the court case without the plaintiff’s consent. The lawyer, attorneys, and the legal team presiding over the case have no option but to step aside as they respect the plaintiff’s wishes even though they agree with them. This process is complex and lengthy and requires compassion, empathy while dealing with such an Individual. Although the court can offer the protection, it requires the victim to present concrete evidence that he/she is at risk. Throughout this process, the constant interactions between the law enforcement to garner enough evidence can also scare away the victim; he/she may feel that that the case is creating more trouble than expected. Eventually, the victim can call for the case’s dismissal and leave no clues for the police to dig up more information. Although the police keep a record of these cases, the victim may fail to get justice at a reasonable time. When she gathers the courage to present the evidence, it may too late to salvage the situation.
The next challenging condition in the court proceedings of a domestic violence case is when the victim is to stand in court and testify against the abuser. Most victims of domestic abuse lack the courage and strength to face their abuser. Although domestic violence is a common phenomenon standing in front of your family, friends, jury, and public to admit to the inhumane and gruesome acts of violence committed by someone you once trusted can be humiliating and strips one of their dignity. According to (Allan)) most people experience extreme anxiety, uneasiness and can even faint when testifying in front of the courtroom. For others, seeing the victim’s face can trigger mental and psychological trauma that may be too hard for them to bear. Following this, the victim can request to withdraw the case rather than going through this emotional turmoil. According to the Fifth Amendment of the United States Constitution, the court should respect the victim’s decision and grant him/her time off without pressurizing or coercing the client to testify (Jane 12). However, some states recommend a psychological to assess whether they are mentally fit to render his/her testimony. In other states, all domestic violence victims must visit a therapist within a month or two months before appearing in court (Marian 1). This helps in preparing them mentally and psychologically for the court hearing. Having undergone traumatic experiences, the victims are increasingly sensitive to abuse matters and can keep off people talking about any form of violence to avoid opening up unhealed emotional wounds. Therefore it is of paramount importance for therapists to guide and walk with throughout the court proceedings to maintain a sober mind to help them get justice. Although some may gather the courage to testify in court, they may change their testament to suit the abuser’s version due to fear.
Another common problem during the judicial proceedings of a domestic violence court case is murder or suicide. Abused women/men are highly prone to personal physical harm, and sometimes it can escalate to murder or suicide even amidst the process of seeking justice. Under trial, many victims develop different coping abilities (Burnett 1). For many, this includes therapy, reuniting with family and friends, relocating, and starting afresh. However, some victims feel overburdened by the emotional trauma and have no idea how to cope with it. Most of the time, they often feel ashamed and believe that this trauma, abuse will always be part of their identity. Lack of guidance can make them lose hope in humanity and feel like committing suicide will ease the pain.
Furthermore this feeling deteriorates when the victim is exposed to people who are consistently talking about seeking the best solution for their problem. When a victim commits suicide, the court case may be disbanded depending on the nature of the evidence available. According to the Fifth Amendment, with ample evidence against the abuser, the court can charge him/her in the criminal court (Legal Dictionary 1).
After an in-depth analysis of all the conditions affecting a domestic court case’s progress, it is evident that every state should incorporate a therapist’s services, psychologists when dealing with a case of domestic violence. It is also of paramount importance to seek medical practitioners, psychotherapists, insurance companies to access relevant information regarding the case (Allan). Furthermore, all court cases filed under the domestic violence index should be treated as a priority as delayed justice is denied justice. For a more effective process, these teams should attend to every case independently without generalization to accord the victim the service that he/she requires.
Domestic violence cases can be handled effectively and efficiently to provide a smooth and seamless experience for the victim with these services in place. For a solution-based approach, all the different legal, medical, and counseling functions from top to down should work collaboratively to attain justice for the victim. To sum up, as a society, it is our collective responsibility to hold all abusers accountable for their inhumane and gruesome acts.
Allan, Friedman. How to Get Through Your Domestic Violence Case. 2020. https://www.allanffriedmanlaw.com/how-to-get-through-your-domestic-violence-case.html. 2020.
Burnett, Baekley. What are the possible complications of domestic violence? 30 July 2018. https://www.medscape.com/answers/805546-157850/what-are-the-possible-complications-of-domestic-violence#qna. 2021.
Jane, Sadusky. “Pretrial Release Conditions in Domestic Violence Cases Issues and Context.” Battered Women’s Justice Project (2006): 25.
Legal Dictionary. DOMESTIC VIOLENCE. February 2015. https://legaldictionary.net/domestic-violence/. 2021.
Marian, Liebbman. What can restorative justice offer victims of domestic violence? 2016. https://www.penalreform.org/blog/can-restorative-justice-offer-victims-domestic-violence/. 2021.
The University of Queensland . Domestic Violence Case Studies. 2020. https://law.uq.edu.au/research/dv/using-law-leaving-domestic-violence/case-studies. 2021.