Young Lawyers Division 2000-2001

MARCH/APRIL 2000

Domestic Violence Is Real - Let's Do Something About It

By Stephen Benjamin and Tameika Isaac

Domestic violence is an issue of which many of us are not as aware as we should be. While most of us may not experience it in our daily lives, statistics reveal that domestic violence is a serious social concern whose impact on our families, our criminal justice system, and our society in general is staggering.

Consider these statistics:

• A woman is beaten every nine seconds in America.



• Each year, at least 1,500 women are killed by a current or former husband or boyfriend.



• An estimated 80 percent of women in prison were abused at some point in their lives.



• Nationally, 50 percent of all homeless women and children are on the streets because of violence in the home.



• Eighty percent of all teenage runways are from violent homes.



• Nationally, businesses forfeit $100 million in lost wages, sick leave, absenteeism, and nonproductivity as a result of domestic violence.



• Medical expenses from domestic violence total $5-$10 billion annually.

Homelessness, youth crime, health care costs, a justice system struggling with an increasing number of cases relating to domestic violence, a loss of employee productivity and absenteeism - domestic violence certainly affects us all.

Recognizing these sobering statistics, public policymakers on the state and national levels are making domestic violence an issue of major concern. For example, in his January 2000, State of the State address, South Carolina Governor Jim Hodges pursued the issue as a matter of public safety concern, noting, "We're tough on crime in South Carolina. But when it comes to fighting the crime of domestic violence - we've got to intensify our efforts." Governor Hodges announced the creation of a Task Force on Domestic Violence. This group will be charged with developing a plan to help prevent domestic violence, provide for the safety of victims, and punish offenders with swift and sure justice. It's a start, but there is still much to be done across the country.

The ABA Steps Up to the Plate

The ABA stepped up to the plate and made a significant contribution toward the fight against domestic violence in 1994 when the Model Code on Domestic and Family Violence was completed. In a 1991 partnership with the ABA, the Conrad N. Hilton Foundation awarded a grant to the Family Violence Project of the National Council of Juvenile and Family Court Judges to develop the Model Code. The Code was the result of the efforts of a committee of judges, attorneys, advocates, legislators, police chiefs, physicians, concerned citizens, formerly battered women, and other professionals from across the United States. The Code represents the state of the art in domestic violence legislation and policy in the United States.

The Model Code:

• Treats domestic and family violence as a crime requiring aggressive and thorough intervention;



• Emphasizes the safety of the victim and children, and accountability of the batterer;



• Offers procedures for comprehensive protection orders for victims; and



• Sets forth ways for states and communities to coordinate efforts to identify, intervene, and prevent domestic and family violence.

Congress Lends a Hand

The Violence Against Women Act of 1994 (VAWA) was a crucial first step in the battle to end violence against women. The Act authorized $1.6 billion for six years to begin the effort. VAWA is landmark legislation combining tough law enforcement strategies with important safeguards for victims of domestic violence and sexual assault. The programs established by VAWA include bolstering the prosecution of domestic violence, sexual assault, and child abuse; increasing victim services; increasing resources for law enforcement; and creating the National Domestic Violence Hotline. Also, the S.T.O.P. (Services - Training - Officers - Prosecutors) Violence Against Women grant program, and the COPS (Community Oriented Policing Services) Office were established. The S.T.O.P. Violence Against Women grant program has awarded a total of $800 million in federal funds to assist states in restructuring law enforcement's response to crimes against women. The COPS Community Policing to Combat Domestic Violence Program has given approximately $20 million in grants to police departments and sheriffs' offices to implement community policing techniques to fight domestic violence. In the years since the passage of VAWA and related provisions, it has proven to be extremely effective in efforts to curb domestic violence offenses and to provide protection and peace of mind for women and families concerned about violence against women.

Reauthorization of the Violence Against Women Act is a priority for many in Washington since the funding for all the programs established in the 1994 Act runs out this year. In President ClintonÕs State of the Union Address in January, he stated that the reauthorization of VAWA is high on his agenda and urged Congress to pass legislation this year.

To date, several pieces of legislation have been introduced in both the House and the Senate that reauthorize VAWA funding. The Violence Against Women Act of 1999 (H.R. 357 and S. 51) includes provisions that address the effects of domestic violence on children, provides legal advocacy to victims of domestic violence and sexual assault, transitional housing programs, and initiatives that address domestic violence in the workplace. Additionally, S. 1069, the Battered WomenÕs Economic Security and Safety Act (BWESSA) was introduced and is designed to enhance the successful programs initiated by VAWA '94, as well as provide the economic opportunities that are so critical for many battered women to escape their violent relationships. Several other important domestic violence bills are also awaiting passage. These include bills that support domestic violence screening by health care professionals and provide services to children who witness domestic violence.

Young Lawyers Do Their Part

The Young Lawyers Division has also resolved that it would work hard this year to help eradicate domestic violence. Domestic violence-related public service projects have been the focus of ABA YLD Chair Rachelle Des Vaux Bedke's administration. At the Spring AOP Conference in Washington D.C., the YLD will pair with the ABA Commission on Domestic Violence and the U.S. Department of Justice Violence Against Women Office to offer young lawyers the definitive Domestic Violence Institute. At the Institute, young lawyers will earn free CLE while learning practical ways to provide direct legal assistance to victims and survivors of domestic abuse, regardless of legal discipline or practice setting.

Think Globally, Act Locally

Hopefully, by now you're asking yourself, "How can I make a contribution? How can I make a difference?" Well in addition to volunteering your time at victims' services programs and supporting your local shelters, your skills and experiences as a young attorney can be quite useful.

The Commission on Domestic Violence reminds us that it takes all kinds of lawyers to end domestic violence. Each year women are injured or killed at the hands of their batterers because no one was there to help them develop a safety plan or to represent them in court. Domestic violence victims face a range of interwoven legal problems. Victims may need a family lawyer to help them obtain custody of their children, a landlord-tenant lawyer to help prevent homelessness, an advocate to help them reclaim their property after fleeing, or a knowledgeable professional to help them obtain public benefits to survive. A family lawyer can help clients and their children obtain protection orders, custody decrees, child support, and divorce and separation agreements that will protect the family's safety. A tax lawyer can help a client who has been coerced by a batterer into signing fraudulent tax returns. An estate planning specialist can help a client develop a safety plan to minimize future violence that addresses the victim's need for financial independence from the batterer.

Even if you are not able to take on pro bono cases at this time, consider answering phones on a hotline, or helping individuals file civil protection orders once a week or even once a month. There are many ways that lawyers can volunteer their time and expertise. Use your law degree to make a difference.

Let's work together, as a nation, a community of lawyers, and as individuals to stop the violence in the lives of women and children now.

Stephen Benjamin is director of the South Carolina Department of Probation, Parole & Pardon Services, in Columbia, South Carolina.

Tameika Isaac is an assistant attorney general for the State of South Carolina, in Columbia, South Carolina.