We all need for our homes to be a haven, a safe and happy place where we are loved, supported, and encourged to reach our full potential, whatever that might be. Unfortunately, for many, home is quite the opposite. It is a place of conflict, anxiety, abuse, violence, and terror.

Domestic violence includes intentional acts of physical, sexual, emotional, and psychological abuse-- one person tries to control another person's behavior by a misuse of power that harms family members. We use the term "family" to refer to a range of relationships among people: traditional nuclear families, extended families, step-families, current or former intimate partners who may or may not be married, gay and lesbian families and those who consider themselves a family, whether or not they have blood ties or fit legal or religious definition of "family". Domestic Violence encompasses child abuse and elder abuse.

In Tennessee, the legal definition is: "Domestic abuse" means inflicting or attempting to inflict physical injury on an adult by other than accidental means, physical restraint or malicious damage to the property of the abused party. "Adult" means any person eighteen (18) years of age or older, or who is otherwise emancipated (Tenn. Code Annotated 36-3-601).

In behavioral terms, it is psychological and/or physical damage to the person or property of household members or intimate partners. This definition includes child abuse, abuse in dating relationships, in cohabiting or formerly cohabiting relationships, sexual abuse and elder abuse. Unfortunately, the law disregards psychological and/or emotional damage. However, psychological wounds heal more slowly than most physical ones and often have more long terms consequences for the victim.

Many acts of domestic violence are criminal offenses: Assault (aggravated, simple, simple and intimidation); Arson; Burglary; Breaking and Entering; Destruction; Damage; Vandalism of Property; Homicide; Kidnapping; Abduction; Sexual Assaults; Stolen Property; Weapons Law; Disorderly Conduct; Family Offenses, Nonviolent; Stalking; Trespass of Real Property, and others, such as killing or abducting pets.

Locally, assault, aggravated assault and stalking have been the only domestic violence crime statistics reported and typically prosecuted. However, with the formation of the Domestic Task Force (a special unit consisting of representatives from various police jurisdictions and the Hamilton County District Attorney) and the development of computer tracking of all offenses, we will see better law enforcement in domestic violence. Also, the special prosecutors will have a record of all the domestic violence crimes attributed to the perpetrator, ranging from vandalism, or killed pets, to assault and stalking. This should enable judges to determine that domestic violence is a serious crime.

Beliefs and attitudes concerning domestic violence are engrained in our society, often at an unconscious level. For example, the expression, "Rule of Thumb" reflects the attitude that it is acceptable to beat your wife. It stems from an English common law which was used to indicate acceptable standards and permitted the man to beat his wife with a stick as long as it was no thicker than his thumb.

It is common to view domestic violence as a "family dispute" rather than one person assaulting another. The victim's efforts to defend herself are often viewed by law enrorcement, attorneys and judges as an assault on the abuser. The perpetrator often appears as a charming, responsible man in the community, not as someone who regularly assaults his wife and/or children. Without careful police work and prosecutorial presentation of evidence, it is easy for a juror who sees the case as a "family dispute" to find the perpetrator innocent.

Traditional attitudes about gender roles and shame about seeking help for "family problems" create an environment endorsing domestic violence. As the "head of the household", the male is assumed to have certain entitlements such as control of money, sex, and instant obedience to his wishes. "A man's home is his castle" implies male rights to proprietorship even when the property is jointly owned. There are those who believe that a wife and children are property of the male. These beliefs are manifested by the growing number of women and children who seek shelter with nothing but the clothes they are wearing. Abandoning their home to escape abuse makes it difficult for terrorized women to have the resources to establish a new household.

Beliefs and attitudes of significant others in the woman's life such as family, ministers, and employers work to keep her in abusive relationships. Mothers often tell their daughters it is their "duty" to stay in the relationship and make it work: "It can't be that bad". Ministers often say that "It is UnChristian to leave a marriage" even when it is abusive. These attitudes are prevalent in our "Bible Belt" community. Employers sometimes fire employees because they are stalked at work. Many victims do not know that help is available nor do they seek help because they believe these messages from important people in their lives. They feel guilty that they cannot make the relationship work and blame themselves. They feel shame that they must seek help from others. They are in a double bind. No matter what they do, it is wrong.

Victims report that some justice system personnel reinforce the victims' belief that being battered was their fault. Questions such as :"What did you do to cause him to do this?"; It's up to you to go home and work it out"; "She must like it. She keeps going back." "It's just a little tap, why are you so neurotic?" Comments such as these indicate a belief that the victim is reponsible for being battered and fail to hold the batterer accountable for battering. The Domestic Task Force will understand that the victim is not responsible for the abuse which will lead to prosecution of the batterer.

Many people ask "Why don't you just leave?" Those of us in nonbattering situations find it hard to understand why victims stay. The reasons are simple. They may not know how they can support themselves (and their children) if they leave. It may be that they are simply trying to stay alive. The victim knows that the batterer will not be incarcerated indefinitely. If she files charges or prosecutes, the batterer will be even more threatening. If a victim says, "I can't prosecute right now," it should be assumed that she fears for her life. We need to listen to what victims tell us. They know the danger of lethality better than anyone. When we ask victims why don't they leave, we are asking the wrong question. We need to ask, "Why are we, as a society, tolerating this?"

When the Domestic Violence Task Force is in full operation, it will make a statement about this community. It will say to perpretrators that Hamilton County will not tolerate this behavior and that abuse will be treated as the criminal behavior that it is.

The justice system is formidable. Access is difficult at every point. Although some providers are sensitive and knowledgeable, victims report a large number of incidents where they are revictimized by those who are supposed to help. They report varying responses from officers when they call 911. After a few calls to the same address, officers may get frustrated. To the victim, this call for help may be her only hope for safety. By the time law enforcement arrives on the scene, she is likely to have been emotionally and physically battered many times. When she gets a weak response, it diminishes her hope for safety. Hopefully, the formation of the Domestic Task Force will change this. These officers will be well trained and educated in the dynamics of domestic violence and should be able to respond appropriately.

An order of protection is one option that can be exercised. However, in our community, that option is only available for a few daytime hours rather than weekend and night hours. In one community, an officer can call a magistrate who designates conditions of the order with followup the next day. In another, the court clerk will issue an after-hours order and law enforcement will serve it immediately. Nashville's night court issues orders of protection at any time. Nashville now issues 5 times as many orders of protection as were issued before the start of the Domestic Violence Task Force while the number of spousal murders has been cut in half.

In the past, the Hamilton County perpetrator could safely be in Georgia or Alabama in 30 minutes. With the changes in federal law, the process server can serve orders across state lines. Orders from other states will be easier to verify in order to protect victims who cross state lines for refuge. There are now stiff federal penalties for abusers who cross state lines and mandated maintenance of protective order records. However, we need laws to address problems concerning victims/perpetrators who are from other countries.

The court process is particularly intimidating. Emotional abuse leaves the victim with low self-esteem and little confidence. Confronting the perpetrator in court is a frightening experience. The victim is placed in the same room with the abuser who can intimidate her with simple eye contact. Cases are mixed with drinking, driving, and other miscellaneous offenses. The perpetrator may look calm and rational, while the victim may look disheveled and nervous. Decisions are made with little or no information about the history of the case. The perpetrator gets his hand slapped and walks away. Perhaps even worse, the judge may order abuser-victim contact in the form of marital therapy or child visitation.

Drug or alcohol abuse may be viewed as the cause of the problem rather than a symptom. Though studies document that successful treatment for substance abuse alone only produces a sober abuser, some judges tend to mandate drug and alcohol counseling as the sole remedy for violence.

Divorce or separation does not mean an end to the violence. The victim is in the greatest danger during the time immediately before and after the court appearance. Court decisions often do not reflect the understanding that perpetrators are far more likely to kill or inflict serious injury when the victim tries to remove herself from the relationship. The judge may award the children to the perpetrator, even though more than 70 percent of men who abuse their partners also abuse their children.

Domestic violence is this nation's number one public health issue. It is a serious problem in the greater Chattanooga area. The week of March 17th, l997 saw at least two domestic murders in Chattanooga. One, tragically, was by a man who was due to report in court later that month on charges of abusing his wife. Now he is charged with murder.

Domestic violence is about power and control over another human being. The male dominates because that is what he has learned. It is frightening to think about our children who are growing up in this atmosphere; is there any wonder that we are seeing an increase in juvenile violence?

For some parties violence is cyclic. First there is a build up of tension and the victim becomes aware that violence is inevitable. Yelling is followed by assault, breaking furniture, or threatening to kill her or himself. Afterwards, the perpetrator becomes contrite and promises that he will never do it again and that things will improve. Then the cycle begins again.

Denial is a powerful reinforcer for both the victim and perpetrator. The victim doesn't want to believe her wonderful man could do such horrible things to her. He tells her that he loves her. He makes excuses for his behavior such as alcohol, or "losing control," or it's "her fault."

It may become obvious to the victim that things are getting worse rather than better and that he is not going to change. If she is going to leave, she must have a plan for leaving safely and a place to go. Many victims have lost the support of family and friends by this time. Many women seek help in shelters as they flee from violence or become homeless when no shelter is available. There are three times as many animal shelters in the US are there are human shelters.

The following material may be useful to those being threatened by domestic violence, to those in helping situations, or to employers concerned about an employee. It includes a list of resources, questions to assess possible abuse, suggestions for friends and family members, and a personalized safety plan. We hope these will be useful for the community.

www.tndagc.com

District Attorney General's Office Courts Building 600 Market Street, Suite 310 Chattanooga, TN 37402 Phone: (423) 209-7400

www.hamiltontn.gov