Domestic Violations

Cathy Young from the February 1998 issue

(Page 4 of 4)

In October 1994, Byers won custody in Georgia and went back to Massachusetts to petition for the return of his daughter. The next day, Anderson filed a complaint, alleging that he had loitered in her driveway and made threatening calls to her sister. This time, Byers was held without bail. In February 1995, he was found not guilty by a five-woman, one-man jury; the judge also threw out his earlier suspended sentence after reviewing the evidence.

Two hours after Byers's release, Anderson got a new restraining order. It's hard to tell how long this farce would have dragged on if a probate judge had not put an end to it by ruling that Massachusetts had to honor the Georgia custody decree. Byers was able to take his child home only after a total of nearly 200 days behind bars.

Stories like that of Byers, perhaps without happy endings, are likely to become increasingly common. Spurred by the O.J. Simpson case, the War on Domestic Violence has intensified in the past three years. The Michigan legislature, in a fit of O.J.-itis, decided to allow restraining orders to take effect as soon as they are issued, before the defendant has been served--which means that he can face criminal charges for something he didn't know was a crime, creating great opportunities for entrapment. Last June, California abolished a provision allowing defendants in misdemeanor domestic assaults to have the incident expunged from police records if they compensate the victim and undergo counseling--an option still available to the accused in other assault cases. In 1996, a new federal law made domestic violence the only misdemeanor for which a person loses the right to own a gun (with the spurious explanation that domestic assaults are more likely to be prosecuted as misdemeanors than non-domestic ones of equal gravity).

Undoubtedly, there are cases in which victims of intimate violence are badly let down by the system, sometimes with fatal results. But apathy and excessive zeal can coexist--just as horror stories of children yanked from parental homes on flimsy suspicions of abuse coexist with ones of abused children handed back to their tormentors. Indeed, when apathy and excessive zeal do coexist, the policy implications are often disastrous. Douglas Besharov, a child welfare expert at the American Enterprise Institute, compellingly argues that overzealous probes of frivolous claims of child abuse lead to underenforcement where action is needed most because the system is too bogged down in trivial pursuit to single out the serious cases.

It's probably the same with domestic violence. The system, says sociologist Richard Gelles, fails to differentiate between minor charges of abuse and cases rife with danger signs--such as the events leading to the death of Kristin Lardner, the daughter of Washington Post reporter George Lardner. (The former boyfriend who fatally shot her in May 1992 before killing himself had a long history of criminal behavior; yet after assaulting Kristin, he was not jailed, despite violating his probation.) Indeed, manipulators may be more likely to get the system to work to their advantage than real victims, too scared or too unsophisticated to navigate its channels.

Even if the dangerous cases are caught early, some people are going to be badly hurt or even killed by their mates. Such things are not always predictable. And we might ask, without creating a new "abuse excuse," whether being denied access to his children might not push a nonviolent person over the edge. "People with nothing to lose are dangerous people," says James Fagan, the Massachusetts attorney and state legislator.

The most obvious casualties of the War on Domestic Violence have been men, particularly men involved in contentious divorces. But it has also hurt many of the women who are its intended beneficiaries. Part of the problem is the one-size-fits-all approach to domestic violence. For many couples in violent relationships, particularly those involved in mutual violence, joint counseling offers the best solution. But if they have come to the attention of the authorities, it's one form of counseling to which they are unlikely to be referred. Couples therapy is vehemently opposed by battered women's advocates--ostensibly out of concern for women's safety, but also because of the implication that both partners must change their behavior.

A few years ago, James Dolan, first justice of Dorchester District Court in Massachusetts, warned that the system may be engaging in "benign abuse" by "denying women the right to continue a relationship without submitting to the authority of the court." Dolan may have been stretching the term abuse, but quite a few women might agree with his assessment.

And then there are the women who, often on the basis of a misunderstanding or a single, trivial incident blown out of proportion, are labeled as victims against their will. "It was very paternalistic, even if women were involved in the system," says Susan Finkelstein, reflecting on her experience. "At one point, I told a prosecutor that I didn't appreciate being told what was best for me by someone who didn't even know me. She said, `It strikes me as odd that you don't appreciate the fact that we're trying to protect you.' What I said didn't matter. It seems so ironic that in trying to give women a voice, they are taking away their voices."

Comments

|5.17.10 @ 8:38PM|#

Our world is sometimes loosing all common sense in its politically correct efforts, creating a dangerous place to be.
Thank you Cathy for raising the issue of the abusing the restraining order law.

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قبلة الوداع|8.16.11 @ 1:30AM|#

thank u

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