While Judicial Abuse could be included under Emotional/Mental Abuse, I personally feel it has it's own dynamics and mental effects. This is the form of abuse that continues outside the home, the form that enlists legal parties as accomplices in the abuse. The judicial system's zero-tolerance policy towards domestic violence coupled with stereotypical beliefs about violent men and helpless women makes for a very dangerous situation for an abused man. More often than not, contacting law enforcement will lead to arrest and criminal charges for him, despite the fact that he is the victim. Unfortunately, many abusive women are aware of this fact and will use it to their advantage, and this form of abuse does not always stop after the relationship has ended.
The first arm of Judicial Abuse generally involves the local police department. While the Violence Against Women Act (VAWA) no longer requires an arrest on a national level, many states, including Ohio, still have 'preferred-arrest' laws on the books. What this means is that if the police are called to a domestic disturbance, it is up to the responding officer whether or not there are 'reasonable grounds' to make an arrest."The first disadvantage to “must-arrest” or “preferred-arrest” laws is that the officer at the scene has significant discretion in deciding which party to arrest. As previously mentioned, law enforcement personnel still hold certain stereotypes about the aggressor and will therefore more willingly arrest the male, when in fact, the preferred result would be an arrest of the prime perpetrator." (Alexander Detschelt)
Anonymous accounts from BatteredMen.com
"The man finally called 911 to report the attack, then left the house with his kids after striking back once at the woman. He says he was never interviewed by either police or prosecutors, but was later charged and convicted of assault and required to pay a $500 fine, perform 100 hours of community service and have absolutely no contact with the woman. His conviction is now under appeal, which is why he asked that his name not be published. "I was dumbfounded from the very start of the incident," the man says. "I was getting struck by this woman while I was holding my daughter and I was the one who called the police."
"I go to pick up my daughter. The ex yanks her out of my arms, twisting her legs and making her cry. She then kicks me in the groin. I grab hold of my daughter with one arm, and grab my ex with my other hand. I tell her to stop hurting the child. She kicks me again in the groin, I fall to the ground, my daughter falls, too, and my ex falls on top of me. She kicks me again. Being stupid as I've been told, I get up, help her up to the sofa, pick up my daughter to see if she is ok (she is, thank God). I tell her that I should just go.....sorry that all this happened. 911 is called and arrives within minutes. I tell my story, she tells hers. I get the handcuffs and a ride to jail for 48 hours. Now I can't see my daughter at all."
"The man finally called 911 to report the attack, then left the house with his kids after striking back once at the woman. He says he was never interviewed by either police or prosecutors, but was later charged and convicted of assault and required to pay a $500 fine, perform 100 hours of community service and have absolutely no contact with the woman. His conviction is now under appeal, which is why he asked that his name not be published. "I was dumbfounded from the very start of the incident," the man says. "I was getting struck by this woman while I was holding my daughter and I was the one who called the police."
"I go to pick up my daughter. The ex yanks her out of my arms, twisting her legs and making her cry. She then kicks me in the groin. I grab hold of my daughter with one arm, and grab my ex with my other hand. I tell her to stop hurting the child. She kicks me again in the groin, I fall to the ground, my daughter falls, too, and my ex falls on top of me. She kicks me again. Being stupid as I've been told, I get up, help her up to the sofa, pick up my daughter to see if she is ok (she is, thank God). I tell her that I should just go.....sorry that all this happened. 911 is called and arrives within minutes. I tell my story, she tells hers. I get the handcuffs and a ride to jail for 48 hours. Now I can't see my daughter at all."
The second arm involves the court system, specifically protection orders. Again, there is no national standard and individual states have their own varied rules. Some states require fear of physical harm before issuing a temporary order, others only require that the petitioner state they are afraid in general of the respondent. Not only does a protection order remove the respondent from the home, it can also cut off contact with children and access to family finances. In short, an abusive woman can use the judicial system to strip her victim of everything he owns and hold dear. Unfortunately, it doesn't end there. While a temporary restraining order only remains in place before a court hearing can be held, it still carries violation penalties. Abusive women will sometimes manipulate or even invent situations in order to have their victims arrested for protection order violations. Even if the temporary protection order is not extended to a permanent one during the court hearing, it is not difficult to obtain another temporary protection order soon after. The cycle then starts again, and an abusive woman can use this method to torture her victim for years. This occurs all while the abuser receives emotional/financial support while posing as a victim of domestic violence herself.
Click here for an excellent article by Cathy Young on the misuse of protection orders.
Click here for an excellent article by Cathy Young on the misuse of protection orders.