The Effects of Domestic Violence Laws

Domestic violence laws and prevention has changed over the years. At one time communities, families and local police saw domestic violence as a family matter and avoided becoming involved. Public awareness increased about the causes and effects of domestic violence on not only the abused, but their children and the perpetrator. As awareness evolved, so did domestic violence laws that forever changed the landscape of how police and the legal system view domestic abuse.

Law Giving Police Right to Charge for Abuse 

In olden days, an abused individual had to report the abuse. Many victims called for assistance but showed reluctance to have the abuser arrested or charged. If the victim did not want to instigate charges, law enforcement hands were tied. Now, police have the legal right to arrest the abuser even in absence of enforcement by the victim.  Abusers once used threat of harm to influence a victim to not proceed with charges. With the new law, the issue of  arrest and charges  now lies with law enforcement.

Right of Abused at Bail Hearing

In the past, if an abuser was arrested, he often posted bail with no difficulty. This left the abused person without protection from further immediate abuse, sometimes as retaliation. With the passage of the Federal Domestic Violence Abuse Law, those who are victims have a legal right to appear at bail hearings. They may speak on their behalf, requesting that the perpetrator not be released on bail or on their own recognizance. If a judge is convinced that the victim is in danger, they can opt to hold the defendant on pre-trial detention with no bail. This then encourages the abused individual to continue with charges against the abuser, as they feel some sense of safety knowing their attacker is behind bars.