Changes in the Laws to Protect Victims
As discussed in module “Victims and the Criminal Justice System”, victims’ rights have changed over the last 30 years. The 1994 Violence Against Women Act contained several provisions on domestic violence, including the following:
• Funding a hotline for victims and special domestic violence crime units in local communities
• Training law enforcement about domestic and sexual violence • Limiting the ability of perpetrators to follow victims across state lines • Full funding of rape kits and legal/court fees associated with protection orders • Ensuring that victim protection orders are recognized and enforced in all jurisdictions within the United States
• The ability of tribal courts to try non-native spouses or intimate partners of Native American women in domestic or dating violence cases
• Undocumented domestic violence victims get asylum and apply for a green card in exchange for helping law enforcement officials prosecute their perpetrators (FindLaw, n.d.)
In addition to federal laws, states also have laws on domestic violence. By 2005, 23 states and the District of Columbia had enacted mandatory arrest for domestic violence if the officer has probable cause to believe it occurred, regardless of whether the victim wants an arrest. If the officer thinks that both parties were engaged in violence, they will arrest both of them. Research has shown this can have an adverse impact on the victims, and some jurisdictions are changing that policy to just arresting the primary aggressor. Legal solutions to domestic violence continue to evolve both through the courts and well as through legislation, and some of these are starting to reflect research and best practices to ensure the victims are safe from abuse.