Dating
violence is a situation where there is any sexual, psychological, or physical
violent behavior perpetrated from one individual towards another in a dating
relationship. The latter often come about when individuals are either in a
current or former relationship and it creates a scenario where the individual
involved is forced to endure this form of violence at the hands of their dating
partner. A considerable number of individuals of both genders will often
undergo this form of violence and despite this, very few cases are actually
reported. However, among those that are reported, there are often reports of
individual being slapped, physically hurt, or hit on purpose by their partners.
In certain populations, there are higher proportions of individuals who are
either perpetrators or victims of domestic violence (Sjödin et al., 2017). This is especially the case when it comes to
the economic situation of the individuals involved, with those that are fairly
well off tending to report fewer cases than those from the working class. Individuals
with a history of exposure to violence will often end up being perpetrators and
this creates a cycle that is quite difficult to break. It is therefore
pertinent to consider the way that cases of dating violence are handled and the
manner through which this problem can be prevented in a society that has become
more diverse and therefore should have the facilities available to ensure that
there is the promotion of mutual respect among individuals that are dating.
This paper makes an analysis of dating violence and its ramifications from a
legal perspective.
Definition
The
way that individuals in society interact in their domestic environment, with
their peers and other members of society contributes to whether or not there is
an increase in their risk or protection against dating violence (Lewis & Fremouw, 2001). The latter comes about
because of the way that individuals are brought up. When a person is brought up
in a nurturing environment within which there are no incidents of violence,
especially among their parents, it is likely that they will end up developing a
positive sense of security that will be reflected in their dating life. Moreover,
such a person is more likely than not to report incidents of domestic violence
perpetrated against them than those who have been raised within and experienced
violence in their lives. Additionally, it is essential to consider that those
individuals that experience peer violence are at a higher risk of experiencing
violence when in romantic relationships. Those individuals that victimize their
romantic partners tend to be those that have grown up within violent environments
to such an extent that they view their actions as a normal part of
relationships. They do not recognize the fact that they are actually causing
harm to their partners and should therefore desist from their actions. Dating
violence has become prevalent from a very early stage in the lives of
individuals, often beginning in their adolescence. Thus, when an adolescent
experienced violence in one relationship, there is an extremely high risk
factor that they are likely to experience similar forms of violence in another
relationship. It is rare for individuals to seek help from formal sources such
as legal professionals and this is a factor that has led to the increase in the
perpetration of such violence.
Aspects of dating violence
Dating violence is not restricted to the physical, and can instead take place at emotional or psychological levels. There are instances where individuals will end up being forced into a scenario where they undergo forms of abuse that are aimed at harming their self-worth (Parker et al., 2017). Thus, a partner will often seek to ensure that they control the activities of the ones they are dating to such an extent that they not only force them to let go of those activities that they enjoy to undertake, but they also create an environment within which it is difficult for their partners to socialize effectively; essentially isolating themselves from their families or friends. A number of steps have been taken to ensure that there is the prevention of dating violence. However, the various approaches have not been effective because of the way that they fail to deal with the issue of dating violence in close relationships. It is noteworthy that there is the need for a revision to the aloof approach that has been adopted to tackle this problem through the promotion of means to ensure that there is a consideration of the potential ways that dating violence can take place and how they can be prevented from early on. Such incidents tend to begin when individuals are in their adolescence meaning that it is critical for there to be initiatives aimed at studying the way that peer contexts that among teens can lead to bad violent experienced when they are in close relationships. There have been efforts, within the justice system, aimed at the prevention of dating violence from this early stage as a means of making sure that the individuals involved do not end up becoming serial victims or perpetrators during their adult years.
Petitioners
have the right to make a request to courts to ensure that their personal safety
is promoted at all times. Furthermore, there is the need to make sure that the
age of the petitioner is considered, because increasingly, teenagers are
becoming victims of dating violence; a sign of the need to deal with the root
causes of dating violence from an early age (Lemay Jr et al., 2019). It is essential to note that
for those petitioners under the age of 18, there is the need for one of the
parents to sign the petition on behalf of the individuals involved. It is also
noteworthy that the parent of a minor has the authority to seek an injunction
for the protection of their child against dating violence on behalf of the
victim of this act. However, in order for this to be effective from a legal
standpoint, the parent must have been an eyewitness or have affidavits of
eyewitnesses or physical evidence that serves as the basis for the petition. The
necessity of the latter comes about because of the desire by the law to only
consider genuine cases, because there are instances where some petitions can be
made for malicious purposes. While this may be the case, it is noteworthy that
there is the need to note that dating violence is a real legal problem that has
to be handled with the seriousness that it deserves. This is the reason why
most courts and prosecutors will often seek to focus their attention on cases
with prior records as a means of curbing the problem before it gets out of
control. It is because of the latter that courts are increasingly coming up
with innovative strategies aimed at promoting deterrence of dating violence.
Conclusion
Dating violence is a serious problem whose incidence has become more prevalent in recent years. This paper has made an analysis of dating violence and its ramifications from a legal perspective and the manner through which protections can be provided to victims through court injunctions. The discussion above has shown the way that dating violence takes place, including its signs and the manner through which it can cause serious problems for the victims, including physical and psychological harm that creates conditions for abuse in future relationships. It has shown the necessity of making sure that there is the promotion of effective measures aimed at providing the most basic of protections for victims and potential victims so that the incidents of dating violence can be reduced. Moreover, it is pertinent to consider that there are instances where the justice system has undertaken the establishment of creative measures aimed at bringing about the discouragement of dating violence among perpetrators. Therefore, the use of injunctions, in addition to other measures, has allowed for a level of prevention of dating violence from taking place. However, more studies are needed to determine whether the measures taken are effective in the long-term.
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