The Right to be Free from Domestic Violence in Macau

Domestic violence is a problem which historically has not received adequate attention in Macau. At the outset, it explains why the right to be free from domestic violence matters in Macau. I contend that the treatment of domestic violence is a human rights issue under international human rights law, focusing on the shift in the conceptualization of domestic violence from a private matter into a human rights issue. I denounce domestic violence as human rights violation. The second part depicts the draft law on Combating of Domestic Violence Act and analyzes the possible effects of Combating of Domestic Violence Act that can occur. Then, I intend to highlight the absence of attention to the positive duties of states—not negative duties to restrain from acting (such as a duty not to infringe upon the right to be free from domestic violence), but positive, affirmative duties to protect women.     

Examining the perceptions of Zimbabwean women about the domestic violence act

The purpose of this study is to qualitatively examine how Christian women from Zimbabwe perceived the effectiveness of the Domestic Violence Act in preventing and responding to domestic violence. The study also aims to understand the unique social, cultural, and religious context of the participants that affect their attitudes and beliefs about this legislation. The findings of the study are based on an analysis of qualitative interviews. The women were recruited from the Roman Catholic Church (RCC); Reformed Church in Zimbabwe (RCZ); Methodist Church in Zimbabwe (MCZ); Zimbabwe Assembly of God Africa (ZAOGA), and Apostolic Faith Mission (AFM) in the Masvingo urban area. Most of the participants expressed confidence in the Act, saying that it goes a long way in curbing domestic violence. The participants who indicated lack of confidence in the Act argued that it is contrary to the teachings of their Christian denominations. The study also revealed that lack of confidence in the Act is due to lack of knowledge about the legislation. In particular, many were unaware of the fact that physical, psychological, and emotional abuse constitutes justification for a protection order that can remain in force when a protected person is living with the perpetrator. The article discusses these findings in relation to domestic violence in other cultures and countries and recommends raising awareness of the importance of this useful piece of legislation.     

法院在防治家庭暴力中的作用实证研究——以重庆市某区人民法院审理涉及家庭暴力案件情况为对象

通过实证调研,其结果显示家庭暴力的发生率仍然较高,并且当事人呈现出性别、年龄、职业等方面的特点。人民法院在涉家庭暴力案件的审理过程中,既有家庭暴力认定、举证责任分配、人身安全保护裁定送达、调解方法上的有益经验,也面临着防治家庭暴力立法及反家庭暴力联动机制不完善、人身安全保护裁定的局限性、取证难等一些困境。建议我国尽快制定一部统一的"家庭暴力防治法",在加强防治家庭暴力宣传的同时,明确规范各相关部门的职责与责任,加强各部门之间的联动协作。     

Changing housing policy: women escaping domestic violence

Domestic violence has risen up the political agenda, as women's action has inspired changes in police, social work and legal practice. At the same time, one of the oldest pieces of legislation that protected women from violence - the Homeless Persons Act of 1977 - has been transmuted into the Housing Act of 1996. This legislation was introduced by a Conservative government, which was anxious to reduce the rights of homeless people to secure permanent accommodation, on the grounds that these rights gave incentives to pregnancy, lone parenthood and economic migrants. New Labour have softened the Housing Act to give more scope to local authorities to respond to homelessness. This article asks: What are the implications of changing homelessness rights under this legislation and subsequent regulations for women's ability to escape violent relationships and find long term solutions to the housing needs which domestic violence creates? How new is New Labour policy as expressed in housing regulations and its policy Green Paper?     

Domestic Violence and Risk Factors among Korean Immigrant Women in the United States

Domestic Violence is a serious problem among Korean immigrant women in the United States. However, little is known about the incidence of domestic violence as well as risk factors predicting violence experienced in intimate relationships. The purpose of this study is to describe domestic violence among Korean immigrant women, including type and frequency of violence and predictive factors of domestic violence experienced by Korean immigrant women. One hundred and thirty-six Korean women completed questionnaires developed in this study. Results indicate that domestic violence is a major family problem for Korean immigrant women. Implications are discussed in terms of the need of social services for Korean immigrant women.     

Expanding the Intersectional Paradigm to Better Understand Domestic Violence in Immigrant Communities

The study of battered women of color marginalized by their race, gender, sexuality, ethnicity, class, and immigrant status (defined as an intersectional approach) has created new ways of thinking of and dealing with domestic violence in immigrant communities. This article applies the principles of an intersectional and interlocking analysis to the experiences of battered immigrant women in the U.S. In addition, here I bring together another dimension of intersectionality: one that inter-relates certain dynamics of domestic violence specific to immigrant communities and some of the unique ways in which immigrant communities are dealing with domestic violence in the U.S. In these ways, we are better able to see both the concerns about displacement and marginalization, as well as contestation and empowerment of battered immigrant women. For more information on this topic, see the extensive bibliography by Natalie J. Sokoloff, Multicultural Domestic Violence Bibliography, at .

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Parent–Child Interaction Therapy with Domestic Violence Populations

Domestic violence continues to be a significant social problem impacting our society. Battered women and their children experience a myriad of negative consequences as a result of domestic violence. Of the possible negative sequelae that mothers and children experience, the disrupted parent–child relationship has received relatively little attention in the literature. Though psychosocial interventions are available to treat women who experience violence and children who witness violence, few interventions focus on the parent–child relationship. This article describes parent–child interaction therapy (PCIT), a relationship-based intervention. Although not initially developed to treat domestic violence, PCIT has unique characteristics that make it a promising intervention with this population. A rationale for the use of PCIT with battered women and their children is presented.     

Domestic violence and criminal justice training needs of social services workers

Domestic violence is a multifaceted problem that requires various agencies to work together to serve victims. Among other agencies that are involved in this collaborative effort, criminal justice officials must work with social services workers to ensure that cases are handled effectively. At the root of this collaborative effort, it is natural to question whether various parties have the knowledge needed to effectively respond to specific cases of domestic violence. In this study, attention was given to whether social workers possessed enough knowledge about various aspects of domestic violence, including information required to process domestic violence cases in the criminal justice system. In all, 186 social services worker supervisors in the Commonwealth of Virginia were asked to rate the level of knowledge they believed social services workers had regarding specific domestic violence topics with the level of knowledge workers they believed social workers needed regarding each domestic violence topic. Findings suggested that social services workers might have more problems dealing with the interpersonal nature of domestic violence cases than they do with the legal issues. At the same time, the supervisors suggested the workers knew less about specific legal options than they needed to know. Based on this, the authors suggest changes in training for all human services workers, including criminal justice officials and social workers.     

Ensuring Fairness and Justice for Noncitizen Survivors of Domestic Violence

Immigrant women who are abused face multiple barriers to seeking legal protection from the abuse. In many cases, immigrant women are unaware of the protections afforded noncitizens by the Violence Against Women Act (VAWA) and subsequent immigration laws. They may assume that noncitizens cannot access legal remedies or may fear deportation from being exposed as a noncitizen. These and other barriers such as language access and misinformation about U.S. laws about violence further shift the burden to judges, attorneys, and advocates to ensure that immigrant women are not underserved. The courts must also be aware of the consequences for noncitizens who perpetrate domestic violence. This article will provide a comprehensive overview of issues facing the courts when noncitizens are petitioners, respondents, or both in domestic violence cases, including a discussion of findings that can be made for immigrant survivors of domestic violence.     

Sociostructural Considerations of Domestic Femicide

Previous research on the domestic murder of women is relatively scant. Domestic femicide data collected from 32 state domestic violence coalitions was regressed on variables associated with three theoretical explanations: economic stress and inequality variables, criminal justice variables, and community variables. Findings suggest that state size has the largest impact on the number of domestic femicides, perhaps because of the relationship between state size and other variables such as poverty and public services. Not related to domestic femicide are variables such as the number of officers on the street, the number of violent crimes, or household income.     

Gender-Role Stereotypes and Perceptions of Heterosexual,Gay and Lesbian Domestic Violence

Although domestic violence occurs in all types of relationships, non-prototypical cases (e.g., gay male, lesbian, female-against-male) are often overlooked. We replicated and extended previous research demonstrating that perceptions of heterosexual and same-sex domestic violence are generally consistent with gender-role stereotypes. Male and female undergraduates read one of four domestic abuse cases varying by victim and perpetrator sex and sexual orientation. Victim sex, ratherthan sexual orientation, was the most potent predictor of responses, although male-against-female violence was considered the most serious and deserving of active intervention. Domestic violence perpetrated by men or against women was judged more serious than violence perpetrated by women or against men. Perceptions that male perpetrators were more capable of injuring victims, and female victims were more likely to suffer serious injury were consistent with gender-role stereotypes.     

Awareness of Domestic Violence Within the Evangelical Community: Romania and Moldova

Domestic violence is a serious problem worldwide and is often perpetuated by complex social and cultural factors. The former post-communist countries of Romania and Moldova are no exception despite recent social attention. Many evangelical churches have not addressed this problem. The purpose of this project was to begin to assess the understanding of clergy and congregation members from evangelical churches in Romania and Moldova about domestic violence. Findings indicate that domestic violence occurs within the evangelical church in both Romania and Moldova, and that cultural and religious factors influence its prevalence. Suggestions for further research and training are included.     

Domestic violence and minoritisation: legal and policy barriers facing minoritized women leaving violent relationships

This article on service responses to women of African, African-Caribbean, Irish, Jewish and South Asian backgrounds facing domestic violence draws on our recently completed study based in Manchester, UK () [Batsteeler, J., Burman, E., Chantler, K., McIntosh, S.H., Pantling, K., Smailes, S., Warner, S., et al. 2002. Domestic violence minoritisation: Supporting women to indepence. Women's Studies Centre: The Manchester Metropolitan University]. We frame our analysis of domestic violence and minoritisation around the question that is frequently posed in relation to women living with domestic violence: 'why doesn't she leave?' In response, we highlight the complex and intersecting connections between domestic violence, law, mental health provision, entitlement to welfare services, which function alongside constructions of 'culture' and cultural identifications, structures of racism, class and gendered oppression. All these contribute to maintain women, particularly minoritized women, in violent relationships. Further, we illustrate how leaving violent relationships does not necessarily guarantee the safety of women and children escaping domestic violence. Despite many recent legal and social policy initiatives in the UK that have usefully brought domestic violence into the public domain, there have also been counter-measures which have made leaving violent relationships correspondingly more difficult, in particular for women from minoritized communities. We offer an analysis of how state practices, particularly facets of immigration law in the UK (although , provides an equivalent U.S. analysis), interact with domestic violence. These not only equip perpetrators with a powerful tool to oppress minoritized women further, but it also indicates how state structures thereby come to impact directly on women's distress (Chantler et al, 2001). In addition, we highlight how other aspects of state policy and practice which enter into the material well-being of survivors of domestic violence, for example, housing, levels of state benefits, and child-care also pose significant obstacles to minoritized women leaving violent relationships. Whilst women from majority/dominant groups also face many of these barriers, we illustrate how the racialized dimensions of such policies heightens their exclusionary effects. It is argued that legal and psychological strategies need to address the complexity of how public, state and institutional practices intersect with racism, class and gender oppression in order to develop more sensitive and accessible ways of supporting minoritized women and children living with domestic violence.     

Reducing Domestic Violence and Improving Outcomes for Children: Funding Civil Legal Aid to Maximize Impact

Domestic violence survivors and children in foster care often experience significant unmet civil legal needs. Legal aid services, when adequately funded, can help close the justice gap for these two populations while improving safety, stability, and court efficiencies. However, despite ample literature demonstrating how legal aid can improve outcomes, almost half of those seeking legal aid services are turned away due to lack of resources. This article reviews the research and data about how legal aid can improve outcomes for people in the domestic violence and child welfare contexts. It also discusses how several state‐administered federal funding opportunities—including the Victims of Crime Act (VOCA) Victim Assistance Formula Grant Program, Title IV‐D child support funds, and Temporary Assistance for Needy Families (TANF) basic block grants—can fund the needed civil legal help.     

Feminist Prosecutors and Patriarchal States

In Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Madden Dempsey focuses on the dilemma prosecutors face when domestic violence victims are unwilling to cooperate in the criminal prosecution of their abusive partners. Starting from the premise that the ultimate goal should be putting an end to domestic violence, Dempsey urges prosecutors to act as feminists in deciding how to proceed in such cases. Doing so, Dempsey argues, will tend to make the character of the prosecutor’s community and state less patriarchal and thus help stamp out domestic violence. This article analyzes two issues arising from Dempsey’s work: first, whether prosecutors can justifiably be viewed as representatives of their states and communities; and, second, how prosecutors committed to using their discretion to battle both domestic violence and patriarchy would go about determining in a particular case whether to pursue criminal charges against the wishes of a victim.     

Domestic violence case processing: a matter of local legal culture

As one enters a courthouse, its culture is communicated to its listening visitors. The manner in which the security guards speak; the length of time victims are kept waiting; the amount of bail a defendant is assessed; communicate messages to those who are paying attention. Domestic violence cases have long suffered from lenient treatment and dismissals in our criminal courts. This paper examines a unique explanation for this problem: the court’s local legal culture. The elements of two courts’ local legal culture that most profoundly impacted their processing of domestic violence cases are examined. Over a six month period, 23 in depth interviews were conducted with court workgroup members in two courts, one with a specialized domestic violence session and one without. Court room observations were used to supplement these interviews. The results were insightful and telling about how a court’s culture can, at times, be more influential on case processing than the law itself.     

Why do they Stay? Examining Contributing Factors to Women’s Length of Stay in a Domestic Violence Shelter

Previous research in the domestic violence literature suggests that the longer women remain in shelters, the more likely they are to benefit from their stay. However, we know little about the factors that influence women’s length of stay in shelters. This study examines demographic data, abuse history, situational needs, and contextual factors in a sample of 210 women accessing a Domestic Violence shelter in Bogota (Colombia) from 2010 to 2012. Results showed that the women’s level of education, level of needs, and the extent to which needs are met, were associated with increased length of stay. The findings contribute to the discussion on the services that could be offered to survivors of intimate partner violence (IPV) accessing shelters.     

A summary and analysis of warrantless arrest statutes for domestic violence in the United States

In the United States, all 50 states and the District of Columbia have enacted statutes that allow police officers to make warrantless arrests for domestic violence given probable cause; however, state laws differ from one another in multiple, important ways. Research on domestic violence warrantless arrest laws rarely describe them as anything more than discretionary, preferred, or mandatory, either within their analyses or within the texts of their publications; researchers, and their audiences, may not be aware of the vast and potentially important differences among these laws. In this article, we list the domestic violence warrantless arrest laws for each state, and discuss them in terms of five common elements: the phrasing of the arrest authority; whether additional factors to domestic violence are required to trigger the arrest authority; qualifications to the arrest authority; time limits for warrantless arrest to occur; and whether police officers are required to report why they made a dual or no arrest. We then analyze the common elements of the laws, paying particular attention to how they may encourage or discourage the arrest of alleged domestic violence perpetrators. It is critical that researchers, advocates, and policymakers are aware of these variations in state statutes when conducting or interpreting research or making policy recommendations.     

The Logics of Supranational Human Rights Litigation,Official Acknowledgment,and Human Rights Reform: The Southeast Turkey Cases before the European Court of Human Rights, 1996–2006

This article examines the domestic impact of supranational human rights litigation on acknowledgment of state violence in the context of macroprocesses of global governance. The article's argument is that the impact of supranational human rights litigation on the process of acknowledgment must be seen through counternarratives on state violence. The article undertakes a detailed textual analysis of the truth claims and denial strategies that emerged from the European Court of Human Rights proceedings on state violence during Turkey's struggle against the armed group the Kurdistan Workers Party (PKK). It assesses these in the context of the human rights reforms that were created following pressure from European-level governance processes. The article argues that attention must be paid to agency in acknowledgment and truth-telling processes, and points to the limits of technical-bureaucratic forms of human rights reform interventions in the context of state violence.     

Understanding Domestic Violence in India During COVID-19: a Routine Activity Approach

Domestic violence, a prevalent problem in India, saw an increase during the lockdown imposed to contain the spread of COVID-19. This article explores the factors associated with an increase in domestic violence incidents during COVID-19 by applying routine activity theory (RAT) framework. Data were drawn from the incidents of domestic violence reported in newspapers. Data was analyzed using content analysis and three major themes, i.e., three principle components of RAT—motivated offender, suitable target, and absence of capable guardian—were drawn. Findings reveal that sources of motivation in domestic violence perpetrators during the lockdown were alcohol and unemployment. The symbolic value that perpetrators associated with women, lower inertia, visibility, and accessibility to the perpetrators made women suitable targets of domestic violence. Lastly, shortage of police force and travel restrictions on formal and informal sources resulted in the absence of capable guardians. We conclude that changes in the routine activities of people during the COVID-19 lockdown provided more opportunities to the perpetrators of domestic violence.