Monika Loos
Rasmussen College
Author Note:
This research is being submitted on August 30, 2010 for Monty Mathis’ Domestic Violence Course at Rasmussen College by Monika Loos.
The police respond to numerous calls per month, per week, per day about some form of Intimate Partner Violence. Typically the scenario is the couple has gotten into some heated argument over something minute. Often times there is some type of substance abuse going on and quite possibly the victim has already been harmed enough for medical treatment. In any case, Intimate Partner Violence is often triggered by drug and/or alcohol abuse. Individuals who abuse these substances tend to think they are invincible. They are also under the impression that they are in control of not only themselves, but others around them as well. The Wisconsin state government takes the issue of domestic violence very seriously, especially since Act 346, the domestic abuse arrest law, which was passed in 1987. The law, which has been modified a few times since then, requires police to receive training in dealing with this complex issue, and maps out certain guidelines for officers to follow when responding to a domestic dispute.
"Domestic violence" is legally defined as one or more of the following offenses, committed by an adult against another adult that he or she lives with, has lived with, or shares a child with:
1. Intentional infliction of pain, illness or injury.
2. Intentional impairment of physical ability.
3. Sexual assault of any degree
4. A physical act that would cause a reasonable person to fear for his or her safety.
Police officers are required to arrest the suspected abuser if the following conditions apply:
1. The officers have reasonable grounds to believe that a crime has been committed, and
2. There is evidence of physical injury to the alleged victim, or the officer has reason to believe that continued abuse against the alleged victim is likely.
Unlike many states, Wisconsin does not require the alleged victim to press charges in order for the accused abuser to be arrested. It is the choice of the officers who arrive at the scene, to be based on the best information available to them. When a person is charged a domestic violence-related crime, state law requires him or her to observe a "no contact" requirement. This means that for 72 hours after his or her arrest, he or she must not be in the presence of his or her alleged victim, or contact them through any third party other than law enforcement or attorneys. If this person is arrested a second time for assaulting their alleged victim during this 72 hour period, their sentence may be increased by up to two years beyond the maximum.
In Wisconsin, a person who is being abused by his or her partner has the option of applying for a domestic abuse restraining order. Restraining orders vary depending on the needs and wants of the person applying for them. A restraining order may
1. Order the abuser to stop committing assault against the victim.
2. Order the abuser to avoid the victim's home or temporary residence.
3. Forbid the abuser from contacting the victim directly or through a third party.
4. Order the abuser to give any firearms in their possession to the police.
5. Give other orders, depending on the specific needs of the victim. Many times an abuser has grown up in a dysfunctional household and only knows what they have been taught or witnessed in their lives. They see that having “power and control” will get the weaker sex to oblige in all their requests.
All forms of domestic abuse have one purpose: to gain and maintain total control over the victim. Abusers use many tactics to exert power over their spouse or partner: dominance, humiliation, isolation, threats, intimidation, denial and blame. Educating people and teaching them where to get help can greatly help the demise of Intimate Partner Violence. Drugs and Alcohol with Power and Control just don’t mix.
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