Domestic Violence: We Can Live Without It: Rights And Options Available Under The Law

By: the Knoxville Bar Association

Introduction

Domestic violence is violent behavior committed by one intimate partner against another. The violence can be physical, sexual or psychological with the primary purpose to control or dominate or hurt another within the relationship. Primarily, women are the victims of domestic violence and children become victims when they observe a parent being abused. Most often the batterer is a man who does the beating and a woman who is beaten but there are also women beaten by other women, some men who are beaten, and the children and elderly are also often recipients of abuse or witnesses of abuse. Estimating rates of domestic violence continues to be a difficult task. Many factors inhibit individuals from reporting these crimes. The private nature of the event, the perceived stigma, and the belief that no purpose would be served in reporting the problem keep an unknown portion of the victims from talking about the event. Domestic violence occurs at all levels of society, in all classes and communities, regardless of social, economic, or cultural backgrounds.

Violence done to us by someone we love is frightening and degrading. It is also against the law. If you have been abused, you have a right to stop the abuse. Every year in the United States, more than 4,000,000 individuals are beaten by their partners. . . some leave, some stay and hope it will end, some go to shelters, some go to battered persons support groups or counseling, some petition for protective orders through the court, some press criminal charges against the abuser, and some are killed or kill their partners.

Instances of violence are not unknown to our community. Violent crime against women is predominately sexual assault and domestic violence crime. In 1995, the Knoxville Police Department had 11,463 domestic calls, for an average of 950 calls per month. Public housing complexes in Knoxville lead the city in per capita domestic violence calls. During the same period, the Knox County Sheriff’s Department logged 5,014 calls. There were 1,084 new applications for Orders of Protection filed in the Fourth Circuit Court in Knox County in 1995. In addition, 384 files were reopened. For the last year, the District Attorney’s Domestic Violence Unit handled almost 3,500 misdemeanor and 950 felony domestic violence cases. The Knoxville News-Sentinel on September 2, 1997, published an article entitled "Units take closer look at domestic violence." The article described the Knox County Sheriffs’ Departments’ domestic violence unit. The reporter had reviewed a three-day span of recent crime reports at the Knoxville Police Department. He stated: "The crime log might well have been a trail of tears, listing nearly a dozen incidents involving women, men and children." The information in this handbook has been compiled for those living with domestic violence in the home as well as for those who may know of someone that is being physically or emotionally abused.

If you know of an individual who is being abused, you can be the best, and perhaps the only helper your battered friend or acquaintance may have. The strain battered persons live with makes them very unsure of themselves. How an individual is treated by others they thought might help but didn’t may have made them believe that they are helpless and that no one cares. The information in this handbook is provided so that these individuals may learn that there are options and that there are people who care and will help. This handbook serves as a resource guide to present the rights and options available under the law to victims of domestic violence.

Domestic violence is everybody’s concern. The long term effects of domestic violence have not begun to be fully documented but what is known is shocking, long lasting, and a drain on all of society. The emotional and psychological abuse inflicted by batterers may be more costly to treat than the physical injuries inflicted. The problems abound.

* Many of the physical injuries sustained by women seem to cause medical difficulties as women grow older. Arthritis, hypertension, and heart disease have been identified by battered women as directly caused by aggravated domestic violence early in their lives.

* Battered women lose their jobs because of absenteeism due to illness as a result of the violence. Absences occasioned by court appearances also jeopardize women’s livelihood. Battered women may have to move frequently to avoid violence.

* Some battered women have lost their religious communities when separating from abusers because religious doctrine prohibits separation or divorce, whatever the severity of the abuse.

* Many battered women have had to forego financial security during divorce proceedings to avoid further abuse. As a result, they are impoverished as they grow older.

* One-third of the children who witness the battering of their mothers demonstrate significant behavioral and/or emotional problems, including psychosomatic disorders, anxiety and fears, sleep disruption, excessive crying and school problems.

* Boys who witness their fathers’ abuse of their mothers are more likely to inflict severe violence on others as adults. Girls who witness maternal abuse may tolerate abuse as adults more than girls who do not. These negative effects may be diminished if the child benefits from intervention by the law and domestic violence programs.

POTENTIAL INDICATORS OF DOMESTIC ABUSE¹

Following are some of the warning signs that indicate the possibility of domestic violence.

Women: In general, women who are abused physically are often isolated. Their partners tend to control their lives to a great extent as well as verbally degrade them. For example:

• She mentions she is not able to use the telephone.
• She is forbidden from seeing friends unless he is along
• She has no control over money or household financial matters, he does it all
• She is not allowed to participate in the decision-making process in the home
• She is not allowed to learn to drive or if she does drive, have a car, go to school, or get a job.
• She is limited in her freedom just as a child would be. For example: "Go to the store, get milk and come straight home. It should take you 15 minutes."
• She has poor self-esteem and poor self-concept. She speaks poorly of herself and is unable to make eye contact, always looking away or at the ground when talking.
• She often complains of non-specific aches and pains that are constant and reoccurring which are generally stress-related problems.

Children (primarily boys):

• Serious problems with temper tantrums
• Continual fighting at school or between siblings
• Lashing out at objects, inside or outside the home
• Treating pets cruelly or abusively
• Threatening a younger sister or brother with violence
• Attempting to get attention through hitting, kicking, or choking
• Modeling after dad and exhibiting aggressive behavior to others
• Withdrawing from others (particularly girls)
• Cringing if an arm is raised toward them (particularly girls)

Similarities In Stories of Battered Women

• Initial surprise
• Unpredictability of acute battering incidents
• Overwhelming jealousy by the abuser
• Unusual sexuality of the abuser
• Lucid recall of the details of the keep battering incidents
• Concealment
• Drinking or use of drugs by the abuser
• Extreme psychological abuse
• Threats to the family by the abuser
• Extraordinary terror brought on by the use of guns and knives
• Omnipotence exhibited by the abuser
• Awareness of a death potential by the abused

The Knoxville Bar Association recognizes that the solution to the problem of domestic violence is everyone’s job. It is the hope of the Knoxville Bar Association that the information contained in this handbook will be one step toward a solution. The goal of the handbook is to provide victims of domestic violence or individuals who know of victims of domestic violence the means to effectively and efficiently use the resources available in our community and to determine if legal counsel or advice is needed.

¹Source: YWCA Spouse Abuse Outreach Services of Southern Indiana Volunteers’ Training Manual, 1985

PLEASE NOTE:

These materials are intended to, and do, provide only a broad overview of certain legal topics. The general information contained in this handbook is not designed nor intended to be a substitute for legal advice on a specific legal issue or question. If you have a legal problem or question, please consult an attorney. Any publication, distribution, or other use of these materials without the express written consent of the Knoxville Bar Association is prohibited.