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Health & Fitness

Getting Help as a Domestic Violence Victim

In continuing observance of October as National Domestic Violence Awareness Month, I spoke with Professor Lisa C. Smith, who is on the faculty of Brooklyn Law School. Among her many accomplishments in the field of domestic violence policy and law, Professor Smith founded the Domestic Violence Clinic at Brooklyn Law School, which allows third year law students to assist in the prosecution of domestic violence cases under her supervision.

Until the late 1990′s, domestic violence prosecution was practically non-existent. Now, Professor Smith wagers that every single police precinct across the country has domestic violence training, and many have positions devoted solely to handling those cases. Most judges and prosecutors are also trained. Law schools across the country have programs that involve their students with domestic violence cases in both the criminal and civil systems, and therefore, law students today are more aware of the magnitude of this very personal and public health problem which involves not only the victim but children and the community at large.

As a therapist, however, I have seen firsthand how women are marginalized by the judicial system. As I’ve discussed before on this blog, women have a disturbingly difficult time winning sole custody in a battle with a spouse who also wants custody, even if he is abusive. Another huge problem is the guardian ad litem, the person appointed by the civil court to serve in the best interest of the child in custody battles.  The only requirements in some states (i.e. CT), is that this person be warm and compassionate, and agree to participate in a 15 hour training; no professional license (i.e., law, mental health) is needed to qualify.  In addition, the guardian ad litem fees are paid by the divorcing couple.  One can only imagine how conflicts of interests play into the equation. This is an unacceptable injustice which must be addressed if we are truly interested in protecting the best interests of the child.

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Professor Smith emphasized a huge change in the system: police are now legally required to document every time a victim calls, even if charges are not pressed. One should be advised however that on the second or third call, the police could decide to prosecute regardless of the victim’s wishes. Abuse comes in many forms, some of which are hard to recognize. A shove is physical abuse. So is a threat. Emotional abuse is much more difficult to identify and certainly just as damaging and painful as visible injury.

If you feel in danger, do not hesitate to call the national hotline: 1 800 799 SAFE where you can find resources in your community. You can rest assured that the call can not be traced.

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Professor Smith also encourages any readers who want to contact her directly to go on the Brooklyn Law School website (http://www.brooklaw.edu/) and find the contact info for Lisa Smith.

We’ve come a long way, but with 1 in 3 women experiencing domestic abuse globally, we’ve got a long way to go.


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