Access to Justice: Trial Lawyers
Facts on why victims stay
When it is a viable option, it is best for victims to do what they can to escape their abusers. However, this is not the case in all situations. Abusers repeatedly go to extremes to prevent the victim from leaving. In fact, leaving an abuser is the most dangerous time for a victim of domestic violence. One study found in interviews with men who have killed their wives that either threats of separation by their partner or actual separations were most often the precipitating events that lead to the murder.
A victim's reasons for staying with their abusers are extremely complex and, in most cases, are based on the reality that their abuser will follow through with the threats they have used to keep them trapped: the abuser will hurt or kill them, they will hurt or kill the kids, they will win custody of the children, they will ruin their victim financially -- the list goes on. The victim in violent relationships knows their abuser best and fully knows the extent to which they will go to make sure they have and can maintain control over the victim.
The victim literally may not be able to safely escape or protect those they love. A recent study of intimate partner homicides found 20% of homicide victims were not the domestic violence victims themselves, but family members, friends, neighbors, persons who intervened, law enforcement responders, or bystanders.
Additional barriers to escaping a violence relationship include by are not limited to:
The fear that the abuser's actions will become more violent and may become lethal if the victim attempts to leave.
Unsupportive friends and family
Knowledge of the difficulties of single parenting and reduced financial circumstances
The victim feeling that the relationship is a mix of good times, love and hope along with the manipulation, intimidation and fear.
The victim's lack of knowledge of or access to safety and support
Fear of losing custody of any children if they leave or divorce their abuser or fear the abuser will hurt, or even kill, their children
Lack of means to support themselves and/or their children financially or lack of access to cash, bank accounts, or assets
Lack of having somewhere to go (e.g. no friends or family to help, no money for hotel, shelter programs are full or limited by length of stay)
Fear that homelessness may be their only option if they leave
Religious or cultural beliefs and practices may not support divorce or may dictate outdated gender roles and keep the victim trapped in the relationship
Societal Barriers to Escaping a Violent Relationship
In addition to individual obstacles victims face when escaping violent relationships, society in general presents barriers. These include:
A victim's fear of being charged with desertion, losing custody of children, or joint assets.
Anxiety about a decline in living standards for themselves and their children
Reinforcement of clergy and secular counselors of "saving" a couple's relationship at all costs, rather than the goal of stopping the violence.
Lack of support to victims by police officers and law enforcement who may treat violence as a "domestic dispute," instead of a crime where one person is physically attacking another person. Often, victims of abuse are arrested and charged by law enforcement even if they are only defending themselves against the batterer.
Dissuasion by police of the victim filing charges. Some dismiss or downplay the abuse, side with the abuser, or do not take the victims account of the abuse seriously.
Reluctance by prosecutors to prosecute cases. Some may convince the abuser to please to a lesser charge, thus further endangering victims. Additionally, judges rarely impose the maximum sentence upon convicted abusers. Probation or a fine is much more common.
Despite the issuing of a restraining order, there is little to prevent a released abuser from returning and repeating abuse.
Despite greater public awareness and the increased availability of housing for victims fleeing violent partners, there are not enough shelters to keep victims safe.
Some religious and cultural practices that stress that divorce is forbidden.
The socialization of some made to believe they are responsible for making their relationship work. Failure to maintain the relationship equals failure as a person.
Isolation from friends and families, either by the jealous and possessive abuser, or because they feel "ashamed" of the abuse and try to hide signs of it from the outside world. The isolation contributes to a sense that there is nowhere to turn.
The rationalization of the victim that their abuser's behavior is caused by stress, alcohol, problems at work, unemployment, or other factors.
Societal factors that teach women to believe their identities and feelings of self-worth are contingent upon getting and keeping a man.
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