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The Tennessee VolunteerSpring 1999NewsletterArticles |
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Professor Brutally Beaten: Rebounds with $20,000 Grant to Fight
Violence Against Women
By Adriane Stewart
Orders of Protection Detailed
By Deborah A. Yeomans
LOOKING AT THE CLIENT, NOT JUST THE LEGAL PROBLEM
By Neil McBride
VOLUNTEER ATTORNEYS ARE PART OF NETWORK OF SERVICE PROVIDERS:
YOU DONT HAVE TO DO IT ALL
By Jacqueline B. Dixon
Why dont battered women just leave? Are We Asking the Wrong
Question?
By Kathy England Walsh
Children: The Powerless and unprotected victims of domestic violence
Jackson/Madison County Domestic Violence Conference Groups Tackle
Domestic Violence Together
By Linda Seely
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Spring creeps in slowly where I live now, imperceptibly even,
as late-March snow occupies more space in my neighbors garden
than the purple hints of crocuses. I think, sometimes, that this
is fitting. For even if I could see daffodils emerging from the
grey drifts of snow, I would no longer be able to mark this changing
of the seasons by the budding of flowers and trees, as I did once,
when I lived in Tennessee.
The first weekend of spring is now, in my world, the anniversary
of a brutal assault that left me with a fractured eye socket,
severe facial trauma, chipped teeth, closed head injuries, broken
and sprained toes, neck and back injuries, and cuts and bruises
over most of my body. I have trouble thinking of flowers now as
I look into the mirror at the whites of eyes that are no longer
white but instead permanently discolored from the force of an
assailants fists, which smashed one of my contact lenses out
of my eye (fragments of the other I extracted from way back beneath
my lid many hours later, after I was released from the hospital).
In the two years that have passed since Nashville engineer Ronald
B. Merville Jr., beat me unconscious in a deserted spot off I-40
that I still cant locate, I have often wondered whether I could
have foreseen, and hence avoided, the attack. Two psychologists
and a crisis counselor have told me no; the man who had claimed
he wanted a friendship with me if we couldnt have a romantic
relationship someone with whom I had never argued had me trapped
in his car before he ever exhibited any signs of potential violence.
And then it was too late. I did what I could, the psychologists
and counselor have told me.
But I couldnt leave it at that. Although I still do not and
I am grateful for this have a clear recollection of everything
that happened that night, the Domestic Violence Division of the
Metro Police Department and the District Attorneys office worked
hard to prosecute Merville, and he was indicted by a grand jury
five months after the attack. Two months later, he pled guilty
to aggravated assault, admitting in open court that he had indeed
committed the felony with which he was charged. He received three
years probation and an expungeable record.
I still couldnt leave it at that. Encouraged by friends and family,
I decided to pursue a civil suit. In the course of the negotiations
that occupied the next several months, Mervilles attorney relentlessly
attacked my credibility and integrity, even suggesting that because
his client was upset earlier in the evening I bore responsibility
for the assault because I did not exit the scene before the violence
occurred. By the logic of this defense, any upset man is always
just a few steps away from aggravated assault, and he is not responsible
for his own actions. I chose not to believe that and I held my
ground insisting on my own terms.
We reached an out-of-court settlement some 15 months after the
assault. I hoped to feel a sense of closure. I did not.
And so I couldnt leave it at that. As I reflected on my experiences,
I realized that I actually was quite lucky. Not just because,
as the detective in my case pointed out, my marathon training
may have saved my life, and certainly contributed to my ability
to drag myself out of the ditch and back to the road once the
beating had stopped and I had regained consciousness. And not
just because, while earning my Ph.D. in English at Vanderbilt
University, I had become interested in womens issues and knew
enough about the facts of domestic violence not to blame myself
for what had happened to me. And not just because most of my physical
injuries are no longer visible and psychological trauma continues
to fade. But, I was lucky because I had support from my family,
friends, and community people who worked with me and for me
to take my case through the criminal justice system and then into
the civil courts. Today I count among my personal friends my attorneys,
Phil Elbert and Trey Harwell of the Nashville firm Neal & Harwell,
as well as many others whom I met as a result of the assault.
It is with the hope that other victims of gender-motivated crimes
can also find the support they need that I have made a donation
in the amount of $20,000 to the Tennessee Task Force Against Domestic
Violence. This money will help establish a legal expenses fund
to assist victims of domestic violence who seek to prosecute assailants.
Even as this fund is set up, though, I realize that this still
will not provide me with closure. For we can never be sure all
the consequences of our actions; I only know that certain situations
in which I have found myself have been unacceptable, and that
I have had to do something to change them. Over the past two years,
I have never had a clear plan as my case has proceeded through
the legal system; instead, I have worked step-by-step, testing
new options and exploring new avenues as they have presented themselves.
Not having a concrete plan with carefully defined goals and guaranteed
results has always unsettled me.
Yet feminist philosopher Liz Grosz would point out that it is
precisely this unpredictability this space and time in which
the unanticipated occurs that is the stuff of political change.
I do not know, then, what my donation and this legal expense fund
can accomplish. But I hope that it is a step toward changing the
institutions that often ignore and sometimes even excuse and condone
domestic violence and gender-motivated crimes.
Adriane Stewart is associate professor of English and Womens
Studies at Allegheny College.
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An order of protection is an order of the court issued to protect
the victim from domestic abuse. The order of protection enjoins
the abuser from coming about the victim for any purpose, and specifically,
from abusing, threatening to abuse, or committing any acts of
violence upon the victim. The order of protection may also include
the awarding of temporary custody, temporary visitation rights,
temporary child support, and temporary shelter to the victim.
An order of protection is available to anyone who is subjected
to or threatened with domestic abuse. Domestic abuse is defined
as inflicting or attempting to inflict physical injury on an adult
or minor by other than accidental means, placing an adult or minor
in fear of physical harm, physical restraint or malicious damage
to the personal property of the abused party. An order of protection
is available to victims who are defined as:
1. Adults or minors who are current or former spouses,
2. Adults and/or minors who lived together or who have lived together,
3. Adults or minors who are dating, have dated, or have had a
sexual relationship,
4. Adults or minors who are related by blood or adoption,
5. Adults or minors who are related or were formerly related by
marriage,
6. Adults or minor children of a person in one of the above stated
relationships
The victim in need of an order of protection must file a petition
for an order of protection with the clerks office. The clerks
office is responsible for providing the forms necessary to seek
an order of protection. Any person filing a petition for an order
of protection shall not be required to pay any filing fees, litigation
taxes, or any other costs associated with the filing, issuance,
or enforcement of the order of protection.
At the time of the filing of the ex parte order of protection,
the petitioner must specifically state in the order what has happened
to make the petitioner seek the order of protection. At this time,
the petitioner must also state in the ex parte order what other
relief the petitioner is seeking, such as temporary child support
or temporary custody. The ex parte order must be approved by the
court. The order may be approved by judges, judicial commissioners,
magistrates and other officials with the authority to issue an
arrest warrant. The ex parte order, once approved, must then be
served on the respondent. A hearing shall be held on the merits
of the order of protection within 15 days of service of the order
of protection on the respondent. The ex parte order of protection
enjoins the respondent from abusing, threatening to abuse, or
committing acts of violence upon the petitioner.
At the order of protection hearing, the petitioner and respondent
may represent themselves, but in the past few years, representation
of the parties, especially the respondent, has increased. Attorney
representation increases the opportunity for a victim of domestic
violence to obtain necessary relief, such as temporary custody
and temporary child support. Oftentimes victims of domestic violence
who have made the decision to leave their abuser fear for the
safety of their children. The abuser knows that if they obtain
custody or take the children before there is a custody order,
it is very likely the victim will come back to the abuser. Without
a temporary custody order the victim lives in fear of children
being taken by the abuser.
Child support is also an important issue that needs to be addressed
at the order of protection hearing. Oftentimes when the victim
leaves the abusive situation, the victim does not have money for
rent, food, etc. As a result, without a temporary child support
order, the victim may be forced to return to the abuser because
of lack of financial means to support the children.
Attorneys are needed to handle these difficult issues for the
victim, especially when the abuser appears in court with an attorney
to argue against the relief sought or to request temporary custody.
When the victim obtains an order of protection restraining the
abuser from coming about the victim, giving the victim temporary
custody, temporary child support and temporary housing it makes
it easier for the victim to make the decision not to return to
the abuser.
If, after the hearing, the petitioner has proved the allegations
of domestic abuse by preponderance of the evidence, the court
will issue the order of protection. The court, in their discretion,
may make decisions on the custody, child support, visitation and
housing issues. The order of protection must then be served on
the abuser. All orders of protection are effective for a fixed
period of time, not to exceed one year. At the expiration of the
order of protection, the victim may petition the court to extend
the order of protection for a definite period of time, not to
exceed an additional year. Pursuant to statute, if the court,
after the hearing, awards the order of protection, then the petitioners
court costs and attorneys fees shall be assessed against the
respondent.
Deborah A. Yoemans is an attorney with Legal Services of Upper
East Tennessee, who represents victims of domestic violence.
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When a victim of abuse asks for a divorce as a step toward getting
a way from her abuser, she needs a divorce. Our system of delivering
legal services ought to be able to provide her one. Generally,
in Tennessee and throughout the nation, those who provide civil
legal services to low-income people have done a good job of meeting
this specific need.
But if you look at the victim and her family, rather than the
legal problem, another need becomes apparent. To remove herself
from the abuser and stay independent and safe, the victim needs,
among other things, stability. Without stability, the granting
of the divorce or protective order is like fixing one hole in
a bucket that has two or three big holes.
It is psychologically challenging for any victim to remove herself
from an abusive situation. When the victim is wondering whether
she will be able to get into to public housing, or lose her car,
or be evicted, or keep her emotionally-troubled child in school,
or get counseling or health care for her child, it will be much
more difficult for her to break away and stay away from her abuser.
In response to this recognition, Rural Legal Services of Tennessee
initiated Project Independence. Four attorneys, funded by the
national AmeriCorps/VISTA program and the Tennessee Bar Foundation,
are committed to find and resolve a whole range of legal problems
that interfere with a victim's ability to stay independent.
They work closely with local spouse abuse shelters. When a victim
enters a shelter, the project finds a way to meet the immediate
need for a divorce or protective order. Soon after the victim
is stable, the attorneys conduct a thorough legal check-up on
the client, to identify other legal problems that might affect
the family's stability. Using an eight-page list of potential
issues (and skipping over those issues that obviously do not relate
to each client), the attorneys search for apparent problems (i.e.,
notice of eviction or repossession) and problems that the client
may not recognize as involving legal rights.
For example, if you ask a group of single women with children
if they have problems with TennCare (Tennessee's managed care
Medicaid program), they will often say no. But if you ask if their
children have had trouble getting dental care, the response will
be something like, Well, what do you expect, we are poor and
cannot afford dental care. In fact, federal and state law and
the contract between the state and TennCare providers give children
very powerful rights to dental care. A mother whose child goes
to bed at night with a painfully abscessed tooth is going to have
a difficult time finding the energy to break and keep away from
an abuser.
RLSTs Project Independence has helped clients get health care
for their children, avoid eviction, negotiate unpaid bills for
utility services and rent, and has resolved many other issues
that would have destablized the family and discouraged a move
toward independence.
The Project has made a special commitment to helping victims receive
the mental health diagnosis and counseling to which they are entitled
under TennCare. When children experience or even witness abuse,
the psychological consequences can be overwhelming.
RLST's project has worked with four and six-year-old children
who were suicidal, who were assaulting their mothers and siblings,
or who were deeply withdrawn into tight shells children who
needed aggressive legal assistance to get mental health diagnosis
and treatment. Without this kind of treatment, and hope for improvement,
even the strongest victim of abuse will have difficulty finding
the strength to stay independent.
In the same way, the legal check-up often reveals that clients
are not participating as effectively as they should in other state
and federal benefit programs, such as Families First. Many low-income
families have dropped out of Families First and the vital educational,
training and health care benefits that come with it because
of misunderstandings or their failure to question unreasonable
demands. Qualifying for Families First, and getting an appropriate
plan under that program, can be a major step toward independence
for a victim.
By looking at the whole client, the Project has been able to address
not just one part of the problem, but all the problems that need
to be resolved in order to have a real impact on the client's
life.
The author is director of Rural Legal Services of Tennessee. Those
who are interested in details about Project Independence or in
a copy of the checklist may call 423-483-8454 or write P.O. Box
5209, Oak Ridge, TN 37831
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A couple of years ago, I attended a series of meetings in Nashville
on domestic violence. The meetings brought together representatives
of various local agencies working to end domestic violence. I
asked the assembled group what the Bar could do to help with the
problem. The overwhelming response was, Get attorneys to take
more pro bono divorce cases.
This led to a discussion on recruiting and retaining pro bono
attorneys to handle divorce cases involving domestic violence.
We talked about how working with a client who has been a victim
of domestic violence can be very rewarding when the client is
assisted to make a much-needed break from an abusive situation
and move on with her life. However, the group acknowledged that
such work can be very challenging to the volunteer attorney when
the client cannot seem to make the break and/or has such a myriad
of other problems that she constantly monopolizes the volunteer
attorneys time or that of the volunteers staff. Unfortunately,
the latter is the perception many attorneys have of a typical
pro bono domestic violence divorce client.
A goal of the Tennessee Bar Associations Pro Bono Committee in
the coming year will be to recruit and retain more volunteer attorneys
to handle divorces where domestic violence is an issue. A key
to recruiting volunteers, especially those who do not routinely
practice in the domestic relations area, is offering training
to give volunteers the ability to handle a pro bono domestic matter
competently. This training will include presentations by well-respected
attorneys from the private bar who make their living practicing
in the domestic relations area. Attorneys of this caliber should
attract volunteers to attend a training. The training will also
include written materials and forms for use by the pro bono attorneys.
It is essential that any training for volunteer attorneys also
include information on understanding victims of domestic violence
and resources available for victims. Often, there are many psychological
and emotional issues involved with these clients as well as issues
involving basic needs like food, clothing and shelter. Attorneys
should be able to provide their clients with information about
local resources for assistance beyond the scope of what the attorney
can provide: phone numbers of the local domestic violence hotline,
support groups, domestic violence units of the local police department,
counseling, shelter programs and social welfare agencies. For
example, many of these clients come from relationships where substance
abuse and/or addiction is a problem. Al-Anon, a 12-step program
for family members and friends of alcoholics and addicts, offers
support and self-help free of cost, and meetings are available
at a variety of locations and times.
Referring a client to a shelter, advocacy program, support group
or childrens program can limit the attorneys involvement to
working solely on the legal problems of the client. Support groups,
counseling and self-help groups can all empower the client to
feel more positive about the changes she is attempting to make
in her life and give her the courage to move forward.
When volunteer attorneys know these options are available to clients,
it helps the attorney realize that he or she does not have to
be everything to a client, and frees the volunteers time to focus
on the clients legal problems. Furthermore, it may encourage
volunteer attorneys to know that they are part of a large network
of service providers who are working to stop the cycle of domestic
violence. This could help resolve the issue of burnout that is
so common in attorneys dealing with pro bono domestic relations
matters, especially those involving domestic violence.
Perhaps even more important than training, is providing a source
the volunteer can turn to when they encounter difficult and unfamiliar
issues in their pro bono cases. It should be encouraging to volunteer
attorneys to know that if a problem arises in their pro bono case,
they can turn to either a more experienced member of the private
bar or a Legal Services attorney for advice and support. I have
always felt that I could call someone at Nashville Legal Aid if
I had a question about how best to proceed. We need to make certain
that all volunteer attorneys feel comfortable in asking for such
help.
Plans are underway for a statewide project to provide training
and to encourage more pro bono attorneys to take domestic relations
cases involving domestic violence. These trainings will be held
in cooperation with various legal services groups and domestic
violence shelters. The goal will be to assist in recruiting and
retaining pro bono attorneys, partly by making them aware of a
number of other resources that can work in tandem with their free
legal help, to break the cycle of domestic violence, which is
far too prevalent in our society.
Jacqueline B. Dixon is a lawyer with the Nashville firm of Hollins,
Wagster & Yarbrough PC, and is chair of the TBA Pro Bono Committee.
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When I began working with battered women over fifteen years ago,
I thought I had a pretty good understanding of domestic violence.
After all, I had worked in other crisis intervention programs,
read most of the current literature, and had experienced violence
myself in an intimate relationship. What I soon discovered, is
that I had a lot to learn and that survivors of domestic violence
were my best teachers.
As director of a rural shelter, one of the first women I worked
with had been stabbed twice by her estranged husband and held
hostage for several days. She escaped from the home when he left
to buy cigarettes. After receiving medical treatment, I accompanied
the woman to the clerk's office to file an order of protection.
I will never forget the response of the clerk to her request,
he said, "Why should I give you this order? You'll just be back
at home in bed with him by tomorrow." When we talked to the assistant
district attorney about criminal charges, he told us that her
husband could not be charged with attempted murder because he
didn't stab her in a vital organ. Her husband pled guilty to a
misdemeanor assault and was placed on six months probation. A
short time later, I learned that he had stabbed his new girl friend.
I will also never forget the woman who found the courage to leave
her abusive husband after many years of marriage. She and her
children came to the shelter and I helped her develop a plan to
find a job and housing. I remember being so proud of myself the
day the woman and her children left the shelter and moved into
a place of their own. Several months later, the woman came back
to the shelter to tell me that she had decided to return to her
husband. When I asked her why, she began to weep and told me how
difficult it had been trying to make ends meet with a minimum
wage job. She described the pain and guilt she felt when she ran
out of food and had to put her children to bed hungry.
In recent years, I have had the opportunity to travel around the
state providing training for police officers, judges, health care
practitioners, educators and social service providers. One of
the questions I am asked most often is why don't battered women
just leave? Somehow the blame for perpetrator's violence has been
placed on the victim. Not once has anyone ever asked me why does
he batter?
I believe that there are two reasons why someone chooses to batter
their partner. The first reason they batter is because it works.
Violence and threats of violence are effective behavior modification
tools. If you are in fear for your life, you will say or do anything
to survive. Batterers use violence as a means of gaining and maintaining
power and control over their victims. The second reason they batter
is because they can. Domestic violence has historically been treated
differently than other crimes. Up until recently, police officers
were taught to mediate domestic violence cases and only arrest
when there was serious bodily injury. District Attorneys have
been hesitant to prosecute and judges reluctant to convict in
cases where the victim refuses to testify. With no consequence
for the behavior, batterers have been given little incentive to
change.
Why do some battered women stay in abusive relationships? Most
often they stay out of fear. Seventy-five percent of domestic
homicides occur when the victim is in the process of leaving or
has left the abuser. The most dangerous time for a domestic violence
victim may be when she is seeking an order of protection or filing
for divorce. Other fears expressed by victims include:
a. Fear that he will hurt the children.
b. Fear that he will take the children away from her.
c. Fear that he will hurt other family members.
d. Fear that they cannot financially support themselves or their
children.
e. Fear of being blamed for the violence.
f. Fear of being alone.
g. Fear of the unknown.
Fear is also the reason that domestic violence victims don't always
act the way we think they should. They may lie to the police,
recant their story in court, or refuse to testify. They may drop
charges or stop a divorce proceeding. They may even return to
their abuser.
If we want to stop domestic violence in our communities, we have
to start asking the right questions. How can we provide protection
and support to victims once they have left their abusers? How
can we hold batterers accountable for their behavior? What steps
can we take to end violence in this generation?
Kathy England Walsh is the executive director of the Tennessee
Task Force Against Domestic Violence.
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Domestic violence is a pervasive and debilitation problem in the
United States today. Conservative estimates indicate that it is
present in a third of all marriages. Battering is the number one
cause of injury to women in this country above automobile accidents,
medical malpractice injuries and work related injuries. Recently,
as a result of widespread media attention and even governmental
hearings, the plight of battered women has become an important
issue. Although this new recognition of the problems faced by
battered women has resulted in several benefits to women such
as emergency shelter and police programs, little has been done
toward helping the children who live with battered women. They
are the powerless and unprotected victims of domestic violence,
suffering at the hands of those who are supposed to nurture them.
The majority of children who live in violent homes witness the
violence. Research indicates that up to 87 percent of the children
in violent homes witness the violence. In fact, some fathers even
arrange for their child to witness the violence. The number of
children estimated to witness domestic violence is between 3.3
and 10 million.
Common sense tells us that children who witness domestic violence
are terrorized and traumatized by it. We all know from our own
childhoods that the ways our parents related directly impacted
our self, our value system, and even our own relationships. The
home is supposed to be a place of acceptance and quiet refuge
for children, an environment in which they can prepare themselves
for the extraordinary demands of adulthood. In a home poisoned
by domestic violence, children are unable to focus on growth but
instead must worry about the safety and well being of themselves
and their mothers. For anyone who doubts the effects of hearing
constant conflict between parents or witnessing the beating of
a parent, these effects have been analogized to the effects child
abuse has on children. The effects have been well established.
Just as with abused children, children who witness domestic violence
live in a home plagued by violence. Both groups of children live
in constant fear that the screaming or beating will begin again.
Thus it has been said that for all intents and purposes, (children
who witness domestic violence) are exposed to the same emotional
milieu as the battered child.
To understand the weight of the problem, one only needs to recognize
that our country is as strong tomorrow as our children are today.
If one does not accept this proposition, there are practical reasons
for preventing children from witnessing domestic violence. The
wake of harm created by domestic violence in terms of medical
and psychiatric treatment, welfare and criminal behavior costs
society dearly by draining public funds. Society pays for the
harm created by domestic violence. The tragic problem of children
witnessing spousal abuse must therefore be given top priority
on our social and political agenda. This historically has not
happened probably because of the inability of children to champion
their cause and a reluctance by others to advocate on their behalf.
In short, battered women and children need a legal system which
accepts their terrifying reality.
For as long as a man is violent towards others, the adverse effects
on children witnessing his violence demand that he not have custody
of his children or see them in anything but a supervised setting.
We as a society must recognize the harm that witnessing domestic
violence does to defenseless children. Children do not deserve
this, and although parents are given wide latitude to raise their
children, the law has never tolerated them treating their children
any way they want. For those who are tired of the violence on
the street and in our society at large, addressing violence in
the home is the most logical start. The legal system must give
full recognition to the effects witnessing domestic violence have
on children, and must incorporate appropriate preventive and interventionary
measures so that our children will no longer be the powerless
and the unprotected.
This article was adapted from a thesis written by Anna Spenser
for Jean Crowe and Susan Brooks.
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On Feb. 19, 1999, the Jackson/Madison County Task Force Against
Domestic Violence sponsored a day-long conference on domestic
violence. Prosecutors, law enforcement personnel, attorneys and
the community were present to hear key note speaker Sarah Buel,
a graduate of Harvard Law School, currently a University of Texas
law professor and a former prosecutor. Buel was also a victim
of domestic violence and a welfare recipient. Buel quoted Attorney
General Janet Reno: Family violence is one of the root causes
of virtually every major social problem we face in our nation.
Buel contends that we have to reach out to kids in violent homes
to prevent them from becoming perpetrators, victims or juvenile
delinquents. According to her statistics, 30 percent of women
who are abused are pregnant. She stated that exposure to domestic
violence increases the likelihood that a child will be delinquent
by 78 percent. According to the Hazeldon Foundation, 63 percent
of the population between 11 and 20 years of age who are doing
time for homicide are there for killing their mothers abuser.
In light of these statistics, why do we continue, she asked, to
permit children who witness domestic violence to even visit fathers
who are violent? Buel pointed out that the way we treat our children
will determine the level of crime in our community.
She advocates the creation of a more open and safe dialogue in
communities where not just women but men (especially community
leaders) speak out against domestic violence. The message should
be, she said, most men dont batter their loved ones. This isnt
how men should act. Real men do not hit their partners and just
because a family member doesnt agree with you, it is NOT okay
to use violence.
Buel addressed the obstacles to combating domestic violence in
rural areas where geographic isolation is a problem in itself.
Many times the abuser asserts control over his partner by moving
her to a rural area, refuses to have phone service and controls
the only vehicle. Most rural areas have no public transportation
and seldom is there a taxi service. Social services are fragmented,
far away and often are simply unavailable in a particular area.
Buel notes that one of the more heartbreaking demands we place
on the victims of abuse is that they must be the ones to leave
their community. How often do we as service providers and advocates
require that the victim leave her home, her church, her friends
and maybe even her family so she can be safe? We expect her to
take her children and herself into an unknown and unfamiliar environment.
Why, asks Buel, cant we demand that the abuser give up the home,
the car, the community?
Other obstacles include the shame of failure of a marriage or
relationship, the lack of access to information about what services
are available and how to access them, community and family pressure
to work things out and societys unspoken demand that women
do everything they can to be a good wife. Buel said her minister,
when consulted about the violence in her marriage, encouraged
her to return and find a way to make her husband happy. All too
often, clergy that women turn to for help remind them of their
duties to be wives with little or no concern about the womans,
or childs, safety.
Women in these violent situations face the additional danger of
being accused of not protecting their children and risk losing
custody. Women who report violence to a state agency have to face
serious scrutiny by an unfriendly system. Buel posed the question
to Child Protective Services workers: How can a woman who is
physically beaten be expected to protect her child? How can an
isolated mother protect? What options does the department offer
to her? Even though protective services are required to work
with a family to keep them together, it is far easier to place
children into foster care than it is to convince a violent man
he needs to leave his wife and home.
The last obstacle identified by Buel is perhaps the most cruel.
All too often service providers, law enforcement and others who
are supposed to be helping victims question why the woman stays.
The shame and shock associated with being hit are often discounted
by those who have never experienced a violent act by a loved one.
Buel asks us to remember that leaving an abusive situation is
a process. Victims are often struggling with the fear and embarrassment
of being struck, but as well, we must remember that they love
their partners and keep hoping things will get better.
Given the obstacles that face women in a violent relationship,
some of Buels recommendations include conducting a community
safety audit, creating safety plans for women who cannot or will
not leave the abuser, holding up as heroes those ordinary people
(not just service providers) who help, getting prosecutors to
buy-in by keeping a court watch and holding the prosecutors and
judges accountable to the community. Last, she urged the gathering
to come up with more creative ways to reach women who may be in
isolated communities.
Linda Seely is an attorney and pro bono coordinator for West Tennessee
Legal Services. She is an active member of the TBA Pro Bono Committee.
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© Copyright 2000 Tennessee Bar Association