Criminology

Getting a restraining order is one of the most effective means to get away from intimate partner violence. Some of its advantages include the possibility of the victim to live away from the perpetrator and be protected from any kind of abuse. On the other hand, its disadvantages include the inability of the intimate partner to resolve the issues that challenged their relationship and to start anew. It is not difficult to get a restraining order as long as the evidences of abuses are strong, but it is a limited remedy for intimate partner violence.   

The castle doctrine involves a post-conviction remedy which is a relevant approach when trying to correct past miscarriages of justice. It is based on the idea that a man or woman who was attacked in his or her room may not retreat from the home and fight back if imminent danger and bodily harm is present. This doctrine is very much applicable to intimate partner violence then. Upon the time when the courts started to notice battered woman syndrome as an available self-defense dispute, convicted women may present evidence of abusive relationship to an executive clemency board for another study or investigation. In that case, if a woman kills or injures an intimate partner due to effects of abusive relationship, then they will be given hope to survive any legal ordeal.

The castle doctrine was applied and formulated in the case of Weiand v. State. In this case, Kathleen Weiand faced a first-degree murder charge since she killed her husband. Kathleen Weiand presented proofs that her husband always abused her in their three-year relationship. In this case, the court utilized the exception of the castle doctrine wherein Kathleen was precluded from retreating in her home because of the glaring evidences that her husband abused her in many ways during the entire relationship.

The concept of learned helplessness means the inability of a woman to be freed from any battered woman syndrome effect. In that case, his husband or boyfriend would threaten her to injure or kill her in case she will leave the home. In the case of Kathleen Weiand, she had many opportunities to leave the house every time her husband abuse her, but fear of being abused more often prevented her to do so. The castle doctrine exception is the perfect remedy for learned helplessness in case the battered woman kills an abusive intimate partner. In addition, the castle doctrine has something to do with the legal use of self-defense since. Looking into the case of Weiand v. State, Kathleen interposed self-defense while presenting proofs of violence by her husband. Hence, the court accepted her defenses.

There are myriad research findings with respect to the extent of intimate partner violence. First, a famous survey instrument called the Conflict Tactics Scale is always utilized to analyze the magnitude of intimate partner violence. The finding of one study using the said research instrument is that 16 of the subjects mentioned at least one experience of violence during the past year. In addition, Gelles and Straus even reported in 1988 that nearly 25 of all intimate partners will experience any kind of domestic abuse in their entire lives. It also includes a finding that in all women who were physically abused by their husbands or boyfriends, one in a number of three women is injured. In all these cases, women had no choices but to suffer from their situation while living with intimate partner. The worst thing is that there is a possibility that they could kill an intimate partner and has to go through a full-blown court trial despite the fact there is an obvious battered woman syndrome.

Moreover, there are various theories of intimate partner violence. These theories include intra-individual theory, patriarchy, and as well as the learned helplessness perspective. According to Doerner  Lab, intra-individual theories search the reason of deviant behavior inside an individual. The other term of the theory is psychopathology. The focal point of the theory is finding the wrong within a person and studies various issues that caused any untoward behavior. On the other hand, patriarchy has something to do with socio-cultural explanations. Simply put, it has something to do with our culture of allowing husbands or men to dominate in our homes. In that case, many women suffer because of the patriarchal influence that surrounds the home. With respect to the theory on learned helplessness, women were forced to endure in living with their intimate partners because they always end up beaten if they would show any hint of leaving the home.   

The stages or cycle of violence is worth studying for. It will help people find solution to the problem of intimate partner violence that affected millions of family members. A man and a woman live together under the same roof. Later on, the husband displays his influence and power as the patriarch of the home. For some reasons, the husband may physically, emotionally, and psychologically abuse the wife. The cycle goes on and on with the final phase as the reconciliation period which happens every time the husband realizes his mistakes. This is the scenario between the husband and wife wherein battered woman syndrome is present in the home. The painful reality is that the batterer think that he could control his behavior against his victim when in fact he cannot and will not do it. The influence of alcohol and drugs will also increase the risk of domestic violence.  

Essentially, the Minneapolis Experiment and the Lautenberg Amendment relate o the police and domestic violence in such a way that both topics help solve the problem on intimate partner violence. The most helpful of these topics is the Lautenberg Amendment wherein anyone convicted of a misdemeanor involving domestic violence must not be allowed to hold or own a gun. The gun control law is designed to protect women from being retaliated by the batterer.   

Finally, the power and control wheel is the most interesting topic of all. In undergoing domestic violence over and over again, the physical and psychological well-being of the wife is compromised. There were many factors that will trap a victim in the situation. There might be an initial assessment of the marriage or union as failure, but the woman involved does not know the correct remedies. The most notable of these factors include the economic aspect wherein a mother would choose to remain with her abuser just to let her children live with the provider. Therefore, the power and control wheel must be disbanded in order to free women from domestic violence as soon as possible.