The Criminal Justice Fight Against Domestic Violence: A Societal Approach

Cassandra A Martin

Department of Social Science, McMaster University

SOCIOL1C03: Canadian Society: Social Problems, Social Policy, and the Law

Professor Sandra Colavecchia

November 15th, 2023

 The Criminal Justice Fight Against Domestic Violence: A Societal Approach

Family and Gender-based violence have been a large socioeconomic issue that has plagued

people and communities across the globe. The violent act of physical, mental, and

emotional abuse against family members or intimate partners, has a significant negative

impact on the larger societal repercussions. The Criminal Justice System is in place to fight

and combat family and intimate partner violence. Shining light on current issues is critical

to understanding the evil nature of family and partner violence when addressing the social

challenges posed by it. When abuse occurs in a family tie, such as a kid, spouse, or an elder

it is referred to and dealt with as family violence. When the abuse occurs within a romantic

or sexual relation it is referred to as intimate partner violence, which occurs most

commonly in females. These acts of violence are poisoning not only the victims but spilling

over into the lives of their families and communities. In the findings of Ursel, Kulha and

Gillis (2007), there are many influences in the ongoing occurrences of family and intimate

partner violence including gender roles and power dynamics. These are all factors that are

affecting the social institutions and are being looked at by the Criminal Justice System.

The criminal justice system, which is made up of courts, prisons, and law enforcement

agencies, is a key element in fighting family and intimate partner violence. It is set in place

as a means to locate, prosecute and research any who commits crimes. This system is also a

haven for victims and is in support of ending the cycle of violence and creating a safe

community. Going into an investigation reporting violence against families and intimate

partners is a large component of the criminal justice system’s reaction. When a victim is in

danger or needs assistance law enforcement organizations are frequently their first call.

They need to be trained in how to spot warning indications of abuse and handle these
situations delicately while making sure any victim involved is safe. The criminal justice

system is in place to guarantee that individuals accountable for acts of violence are taken

care of and put away by law enforcement. There are legal procedures in place after an

arrest happens which are a crucial element when dealing with abuse. When working with

cases of domestic and intimate partner abuse, courts are crucial. There are outcomes

possible in legal proceedings such as protection orders, restraining orders, and in some

instances prosecuting the perpetrator. When protecting victims and holding offenders

accountable, it is essential for the criminal justice system to enforce laws regarding

intimate partner and family violence.

To fully acknowledge intimate partner and family violence, there needs to be societal

policies and laws developed and put into effect. A legal framework, which shows the rights

granted to victims, and gives them a platform for dealing with their concerns. It also

explains the obligations and consequences of the offenders, these ideals and priorities of

society are a reflection of the social policies. They are responsible for distributing funds,

program assistance, and preventative measures for victims. In current years there's has

been a noticeably drastic change in many nations in acknowledging the gravity of family

and intimate partner abuse and there has been action in putting social policies in place to it

all at once.at once. Dobash (2012) tells us, domestic violence has a very complicated

multidimensional social relevance. There is clarity brought to the understanding of

domestic abuse being not only a personal issue but also a social one with a large effect on

public and community safety. Intimate partner vioelcnce has a higher occurrence of

effecting women than men, it is a persistent and important issue that calls for legislation

efforts by the criminal justice system, legislators, and society, which is highlighted by
Garcia-Moreno et al (2022). The framework of the criminal justice system is built on the

legal and social policies in place to protect victims and apprehend offenders. There is a

balance that must be held over the subtleties and complexity of the involvement in family

and intimate partner violence, the victims must get the help they require, and the law must

be upheld. This includes the cover people deserve and helping with access to the legal

system, counselling services, and shelters. This is the legislation and policies that will

eradicate the effects and continue the system of domestic violence in society.

There still continue to be many issues in the fight against family and intimate partner

violence despite attempts to fix the problem further. Many people argue that the criminal

justice system may be unreliable and not active enough for the victims' needs in areas

where they fear the consequences or evidence is not eminent (Smith, 2019). Smith also

shares the adversarial persona of the criminal justice system repeatedly retraumatizing

abuse survivors, making them less likely to take legal action even in the most high-risk

circumstances. Many victims are reluctant to talk about their experiences because of social,

cultural, and economic reasons (Jones et al, 2020). The framework of these problems is

further highlighted by Jones et al., who have stressed how the cultural norms and societal

institutions have developed a more vulnerable and difficult for some groups to get the

assistance they need. There are many complexes highlighted through the imperative

necessity of continuous improvements in the ways in which the system is addressed in the

main issues. During the fight for a more victim-centered and inclusive approach, it because

detrimental to not address the socio-cultural as well as the legal reasons that is the

movement of abuse against intimate partner and family abuse.

Family and intimate partner violence is an extremely complex socioeconomic issue with

many larger consequences. When working against these kinds of violence, the criminal

justice system plays a significant role in the protection of victims and making sure

offenders get the consequences they deserve. For the system to function appropriately it is

necessary for the creation and execution of the social policies and the correct legislation to

put victim safety first. In the battle against domestic violence, the criminal justice system's

reaction must be consistently improving so the problems are handled thoroughly and

promptly.
 References

Dobash, R. E. (2012). Understanding domestic violence: A multidimensional social

relevance. Journal of Family Violence, 27(8), 731-744.

Garcia-Moreno, C., et al. (2022). Legislation efforts in addressing intimate partner violence:

A comprehensive review. Journal of Social Policy and Legislation, 15(2), 145-162.

Jones, A., et al. (2020). Societal institutions and their impact on assistance accessibility for

intimate partner violence victims. Social Issues in Justice, 10(4), 389-405.

Smith, J. A. (2019). Challenges in the criminal justice system's response to family and

intimate partner violence. Journal of Criminal Law and Criminology, 25(3), 215-230.

Ursel, J., Kulha, K., & Gillis, D. (2007). Gender roles and power dynamics in family and

intimate partner violence: A comprehensive analysis. Journal of Interpersonal

Violence, 22(9), 1127-1143.