HSE 330 4-2 Final Project Milestone Two Position Paper

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HSE 330 4-2 Final Project Milestone Two: Position Paper

Jennifer Perez

In providing a safe place for victims of family violence and ensuring their abusers receive

the penalties for their actions, we can make this cycle of abuse more preventable by recognizing

the patterns and stopping it once it is identified. Unfortunately, even with mandatory arrest laws

in some states such as Nevada, we continue to see a rising number in family violence cases and

some result in fatalities.

In implementing a stricter sentence or punishment once a pattern of abuse is seen, I

believe we can put a stop to the increase of intimate partner homicide cases. Although it is shown

in a study that due to this mandatory arrest law, the continued abuse from a partner may or may

not increase. The study has proven that arrest can sure some abusers, while making it worse for

others. The higher chances of recidivism of abuse with the white and Hispanic populations are

lower after arrest but higher with the black population. (SCHMIDT, JANELL D., and

LAWRENCE W. SHERMAN. May/June 1993); (David Hirschel, Eve Buzawa, April Pattavina,

Don Faggiani, 2007/2008).

As most cases of family violence, the victims are mostly women and violence against

women has been an ongoing issue dating back through history, but by 1994 an act was signed to

stop this from continuing to happen without consequence called The Violence Against Women

Act. This act would recognize the growing domestic violence, family violence, dating violence

and sexual assault issues in America. Although this hasn’t put a halt in the number of cases seen

each year, it is now something that is against the law.


The Violence Against Women Act (VAWA) creates and supports comprehensive, cost-

effective responses to domestic violence, sexual assault, dating violence, and stalking. (National

Network to End Domestic Violence, 7 Dec. 2022). This represented the first comprehensive

piece of legislation to seek an end to violence against women. It was enacted as Title IV of the

Violent Crime Control and Law Enforcement Act. (Mascolo, Esq., J. 2023).

Socioeconomic status plays a big part in targeting family violence because statistics show

a higher number of family violence cases in low-income areas as opposed to wealthier areas or

population. Factors of socioeconomic status are impactful in this sense as communities are often

segregated by these statuses of race or income. To distinguish and address the risk factors of

violence at the community level takes a big leap in making a change in preventing further

violence. (American Psychological Association, 2010).

An ethical matter that is followed through domestic violence cases is autonomy, in

treating the client with respect and still remembering the danger she may face if she still has not

made her escape from the abuser. This is vital especially when a victim of family violence has

children. It is an important piece of fact to empower the victim and ensure she knows her rights

and implement a safety plan of escape. (Sahani, B. 2020, September 17).

Aside from the many policies or laws put in place to help put an end to family violence,

there still remain various legal and ethical issues that need addressing within agencies,

organizations, or clinicians to create a better overall resolution. Legal issues regarding domestic

violence starts with many of the clinicians overseeing their licensing requirements that they must

abide by, such as having sexual relations with their clients, which is an immediate suspension of

holding a license within certain states. Keeping information confidential unless mandated by

state law is another legal issue that is seen being misused and disregarded which can harm a
victim depending on the circumstances of the carelessness of the clinician, therapist, or even

agency. Amongst these are the lack of reporting child abuse, patient access to medical records,

and in some cases insurance fraud.

Ethical issues are seen to vary from one end to the next, for example, being explicit in a

professional’s clarity with regard to specific behaviors or being extremely enigmatic and open to

interpretation. (Sonkin Ph.D., D., 2014). This legislation on violence against women, as we

recognize the changes that the US has already made compared to 20-30 years ago, I believe there

can be more done or something that we all are missing in what can decrease the numbers of

family or domestic violence cases.

There have been measures already strategized to being preventative in family violence

cases. The Centers for Disease Control and Prevention has developed a resource packet to

“Preventing Intimate Partner Violence Across the Lifespan: A Technical Package of

Programs, Policies, and Practices” which is available to help states and communities have the

opportunity of the best available evidence based strategies that can prevent family violence,

providing support to survivors of violence crimes, and decrease short and long term affliction.

(Center for Disease Control & Prevention, 2021, November 2).


References:

American Psychological Association. (2010). Violence & Socioeconomic Status. American


Psychological Association. https://www.apa.org/pi/ses/resources/publications/violence

Center for Disease Control & Prevention. (2021, November 2). Prevention strategies|intimate
partner violence|violence prevention|injury Center|CDC. Centers for Disease Control and
Prevention.
https://www.cdc.gov/violenceprevention/intimatepartnerviolence/prevention.html

David Hirschel, Eve Buzawa, April Pattavina, Don Faggiani, Domestic Violence and Mandatory
Arrest Laws: To What Extent Do They Influence Police Arrest Decisions, 98 J. Crim. L. &
Criminology 255 (2007-2008).
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?
referer=&httpsredir=1&article=7284&context=jclc

Ford, A. D. (2021). Domestic Violence Resources in Nevada. Domestic Violence in Nevada.


https://ag.nv.gov/Hot_Topics/Victims/DV_Nevada/

Mascolo, Esq., J. (2023). Federal domestic violence law: Violence against women act (VAWA) -
findlaw. Findlaw.com. https://www.findlaw.com/family/domestic-violence/federal-
domestic-violence-legislation-the-violence-against-women.html

National Network to End Domestic Violence. (2022, December 7). Violence against women act.
NNEDV. https://nnedv.org/content/violence-against-women-act/
Sahani, B. (2020, September 17). What should I keep in mind when assessing a client for
domestic violence?. White Swan Foundation.
https://www.whiteswanfoundation.org/mental-health-matters/understanding-mental-
health/what-should-i-keep-in-mind-when-assessing-a-client-for-domestic-
violence#:~:text=Autonomy%E2%80%94treat%20the%20client%20with,empower%20her
%20to%20assert%20them.

SCHMIDT, J. D., & SHERMAN, L. W. (1993). Does arrest deter domestic violence. American
Behavioral Scientist, 36(5), 601–609. https://doi.org/10.1177/0002764293036005005

Sonkin Ph.D., D. (2014). Domestic violence treatment: Legal and ethical issues. Domestic
Violence Counseling and Professional Training for Therapists - Daniel J Sonkin, Ph.D.
https://www.danielsonkin.com/ceus/dvethics/index.html

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