Write an essay discussing the above scenario exploring what you know about Domestic Violence, how this scenario fits the pattern of an abusive relationship and what options there are available to victims and perpetrators.
Domestic violence is a prototype of abusing behavior in a relationship of domestic purview where one partner of that relationship inflicts unnecessary power upon the other partner of the same relationship with an object to maintain or control the other partner, this infliction of power may be in various forms like sexual, emotional, physical, psychological or economical actions or threats of actions which affects the other person. Domestic violence is a large social menace for the human society and this menace is created by the individuals themselves.
Apart from physical torture an act of domestic violence imposes a huge effect upon the psychological condition of the victim. A man or women who have suffered from an act of domestic violence are used to get afraid of the relationships. For example if a person inhumanly beats his wife without any reason for a continues period then apart from that physical torture the wife gets mentally injured and her mental stability gets suffered as well as she will lose the affection towards her husband due to such way of torture.
In present society one woman of every four women gets suffered by an act of domestic violence, in every week around two women are used to be killed by their former or present partners and this number is still increasing. Most of the victims of domestic violence gets victimized again and again by their partners this is around 57 per cent of victims are going through the same stage. This signifies improper implementation of legislations in this regard. According to the statistics every minute the police authorities receives a call for domestic violence and this is done only by the 36 per cent among all the cases. In most of the cases of domestic violence 90 per cent children gets affected and this number is rapidly increasing and endearing the future security of children specially as to their mental conditions (Anon, 2015).
According to Social Learning Theory, main reasons for an act of domestic violence are misunderstandings among the husband and wife, work stress, addiction for alcohol, financial problem, miscommunication, lack of proper sense of gratitude, responsibilities as to the family and many other factors are responsible in respect of increasing acts relating to domestic violence. In most of the cases it has been noticed that one of the primary cause of acts relating to domestic violence is addiction towards drugs and alcohol. Some other very relevant factors in present day society relating to domestic violence are proper mental stability, self control, impatience nature and many others (Handley, 2002).
According to general system theory, violence is the consequence of a broken family system, for resolving it the members of the family have to fix the system and the violence shall be eliminated. Here, Aimee has failed to fix the system of the family.
In this case the resource theory is also applicable to a certain extent, in this theory it is mentioned that the member of the family who contributes most of the resources in the family, uses physical power to maintain supremacy.
The damaging psychological impact it can have on women or men who face such circumstances.
According to Biderman’s Scale of Coercion, there are five stages for having control over a person, those are;
iii. Threats of violence and violent attacks
In the case of Castle Rock v. Gonzales the court of law has observed that the main reasons behind an act of domestic violence is the mental condition of the person and the surroundings, it may be work stress, misunderstanding or any kind of addiction that make a man brutal upon his own family members, the court also observed that an act of domestic violence affects the children of the family in most influencing manner. Though this act is known as an act of domestic violence but the consequences of it are not restricted within the purview of a domestic problem, it is a problem for the society in general.
Due to the increasing rate of activities relating to domestic violence, the concern of the governments in the United Kingdom has been attracted to this burning issue. The legislative bodies of the concern countries have enacted various legislations in relation to restrict the acts of domestic violence (Bradley, 2011).
In the year 2004 the parliament of United Kingdom has enacted the statute in relation to restrict the acts of domestic violence, namely The Domestic Violence, Crime and Victims Act 2004. This Act is related to criminal justice and also emphasizes upon legal protection and proper assistance to the victims of crime, especially the victims of domestic violence (Jaising & Sakhrani, 2007). It also makes bigger the conditions for trials without any jury, brings in a new rule for trials for reasoning the death of a child or susceptible adult, and authorizes.
In the MARAC’s behavior it is mentioned that the act of domestic violence has some great efficacy as to the mental stability of the victim, especially when the victim is a child. An act of domestic violence affects the members of the family greatly, especially the members of age of 16 or above. The abuse may be encompasses into the factors like psychology, financial, sexual, emotional and physical and there is no such limitation as to it. The executive authorities of the nation that is the police should be more cautious regarding the complaints and factors relating to an act of domestic violence (Investopedia, 2015).
As per the mentioned scenario Aimee is an adult woman living with her husband Mark along with her child Samantha, when her husband gather the know that her wife is pregnant for the first time he despite of getting excited got angry on her wife and tortured her, though after few days he realized his faults and things came under control. Again when it came to the knowledge of Mark that Aimee is pregnant for the second time he could not control himself and again torture his wife. Because of the relationship and feeling of love from the part of Aimee she has not disclosed any of these facts to any one and she kept quite in this issue. But here a major matter of concern arose for Aimee, that if this things are going in the same manner her child Samantha and the child in her womb will get affected and their mental condition as to the reputation of their parents are not going to be up to the mark. So under this particular scenario, not only Aimee her child Samantha as well as the child in her womb is getting affected by the act of Mark, because of this torture the child in her womb could have died. So, in this particular scenario, it can be clearly mention that there is an act of domestic violence from the part of Mark upon his wife and child, though Mark has not abused his child or torture his child but the child Samantha is also affected by the act of domestic violence from his father.
Here, Aimee is at a freedom to go against the tortures implicated upon her by her husband; she has the right to approach the court of law with competent jurisdiction for the purpose of getting justice and to make her husband Mark to be penalized in accordance with the provisions of law (Bird & Bird, 2006). In part two of The Domestic Violence, Crime and Victims Act 2004, it is clearly mentioned that any act relating to harassing any person by way of physical torture or by any other way in a serious manner then the person who has committed such an act shall be liable for facing legal consequences and the act is arrest able under the provision of the said Act. In the same Act section 12 and section 13 deals with the restriction to the territory of England and Wales and Northern Ireland respectively.
In this regard the only child of them Samantha was not only victimized of the act of domestic violence but he is the most important witness of this act done by her father as he has saw all the acts of violence inflicted upon her mother and Samantha is the only person who has observed that in closer way.
In Mark’s tactics in this regard is that there is cycle of abuse in his behavior of domestic violence at first stage tension builds in the concern person thereafter he acted out such tension by way of inflicting torture, abusing, annoying and many other ways upon her wife and child. After this while the victim is supposed to take legal steps, the wrong doer feels guilty and begs for mercy and a reconciliation process starts. Later on the relationship comes into a calm and stable condition. But after some time it begun with the first stage again and this cycle goes on unless a permanent restitution made.
she witnesses to her mother..if so why… how.. Detrimental effects etc?
For the purpose of restricting the acts of domestic violence many criminal as well as civil legislations has been introduced by the appropriate government. Section 16 of the Youth Justice and Criminal Evidence Act 1999, deals with various measures in relation to stop the acts of domestic violence, in this section reporting restrictions and special measures for the victims of domestic violence is also provided, the importance of protection of witnesses and other relevant evidence are also provided under this section of the concern Act (Meyersfeld, 2010).
In case of a family proceedings adequate documentation plays an important role in the proceedings of law, statements acquired from the victim or witness, expert reports in accordance with CAFCASS, relating to any children affected by the dispute, evidence transcription etc, all these documents are kept confidential according to the prescribed rules of Family Proceedings Rules 1991 (SI 1991/1247). In dealing with family issues like domestic violence the executive bodies such as police are very conscious and delicate (Kiesel, 2007). Refuges are not exempted from the protection provided by the concern government, it mainly concerns about the protection of the children and the female members of the family, and they are entitled to get justice as per the provisions of the concern law of the land.
Conclusion:
After the above description it can be summarized that domestic violence is the burning issue of the entire society and it not only affects the adults but it puts a huge impact upon the children in the family, these are very sensitive and confidential issues that is why victims are quite reluctant to disclose the facts to anyone. But if the victims are not aware of the future consequences of this burning menace it will destroy not only their life but the life of their children as well. For the purpose of restricting this menace the concern governments has taken many prohibitory provisions which are quite effectual too. The laws relating to the domestic violence has great significance to the society, it not only protects the family but also protects the society at large. As society is used to be greatly affected by the criminal acts like domestic violence, judicial system also plays an important role in restricting the acts of domestic violence by interpreting the present statute as per the situation demands .
References
Anon, (2015). [online] Available at: https://www.lwa.org.uk/understanding-abuse/statistics. [Accessed 21 Mar. 2015].
Investopedia, (2015). Investopedia – Educating the world about finance. [online] Available at: https://www.investopedia.com [Accessed 21 Mar. 2015].
Bashall, R., Hague, G., & Mullender, A. (2011). Disabled Women and Domestic Violence. London: Jessica Kingsley Publishers.
Bird, R., & Bird, R. (2006). Domestic violence. Bristol: Family law.
Bradley, T. (2011). Women, Violence and Tradition. London: Zed Books.
Cps.gov.uk,. (2015). The Crown Prosecution Service. Retrieved 14 March 2015, from https://www.cps.gov.uk
Freeman, M. (2008). Domestic violence. Aldershot, Hampshire, England: Ashgate.
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Handley, W. (2002). Marriage, violence, and the nation in the American literary West. Cambridge, UK: Cambridge University Press.
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Hester, M., Pearson, C., & Harwin, N. (2000). Making an impact. London: Jessica Kinglsley Publishers.
Humphreys, C., & Stanley, N. (2006). Domestic violence and child protection. London: Jessica Kingsley Publishers.
Humphries, D. (2009). Women, violence, and the media. Boston: Northeastern University Press.
Jackson, N. (2007). Encyclopedia of domestic violence. New York: Routledge.
Jaising, I., & Sakhrani, M. (2007). Law of domestic violence. New Delhi: Universal Law Pub. Co.
Jasper, M. (2007). The law of violence against women. New York: Oceana.
Kenney, K. (2012). Domestic violence. Edina, Minn.: ABDO Pub.
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Build arguments continuously..i.e. present one point and counteract it with another sometimes.. this shows critical thinking, and it also shows a diverse breadth of knowledge.
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