91172.pdf

(Axel Boer) #1
220 H Court and the Legal System—Family Porensics

in conjunction with criminal proceedings or in civil court (Keilitz, 1994). However.
Mills (1996) contends that the problem with civil protection orders, prosecution,
and arrest policies is that they require women to terminate their abusive relationships
and subject them to even more serious attacks by their batterers. Many studies show
that battered women who attempt to leave the abuser may be at a higher risk of
being harmed or killed. Ironically, criminal strategies which aim to curb abuse and
violent relationships through legal interventions may instead place victims in more
dangerous predicaments.
Although several studies have examined public views on mandatory arrest policies
and civil protection orders, few have examined public opinion about how the
criminal justice system should intervene in domestic violence situations. Stalans
and Lurigio (1995b) asked adult residents in Georgia to respond to brief scenarios
involving their spouses and intimate partners. Results indicate that participants
preferred dismissal when their spouses acted unintentionally and when they did
not incur injuries. Not surprisingly, both women and men preferred counseling
significantly more than jail or probation. More than half of the subjects indicated
that they preferred court-ordered mediation to handle their disputes. The subjects'
desire to hold abusers accountable for their physical violence by means of counseling,
jail, and court mediation further indicates that individuals are becoming less tolerant
of domestic violence.


Forensic Psychology and Policy Implications

Domestic violence is a widespread problem that affects families from every socioe-
cononnc level in our society. Psychologists, judges, and lawmakers have struggled
with devising an efficient means of preventing, assessing, and deterring perpetrators
of such violence. While studies have undoubtedly placed an emphasis on identi-
fying the primary characteristics of abusers, the research suggests that batterers are
a relatively heterogeneous group. The heterogeneous nature of the batterers un-
equivocally hinders efforts geared toward prevention and rehabilitation.
The literature also clearly indicates the increased likelihood of abusers to endorse
psychopathological symptoms and express bouts of anger and hostility. Hence, it is
readily apparent that domestic violence offenders are likely to need extensive coun-
seling for varying degrees of psychopathology and anger management interventions
to modulate their intense feelings of anger. Also, victims are at an increased risk
to develop psychopathological symptoms, including mood disorders and posttrau-
rnatic stress. Accordingly, group or individual counseling is likely to be a necessary
component when working with victims of domestic violence.
Mandatory arrest laws and civil protection orders are currently being utilized
by many states to reduce domestic violence. There is, however, an implicit pre-
cursor within these statutes which requires women to end their relationships with
their abusers and subsequently places them at an increased risk of being attacked. It
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