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Law Can Shield Abuse Victims
by: Iowa Legal Aid

The recent conviction of Dixie Shanahan, who was charged with murdering her abusive husband, has again focused Iowans' attention on the tragic cycle of domestic violence.

In monetary terms, there has been the cost of incarceration for Ms. Shanahan, the costs of foster care for her three children and the costs of judicial and social service resources that have already been devoted to this case, to say nothing of additional costs in future years.

In human terms, the costs are incalculable.

The break-up of a family unit raises a host of legal issues in any circumstance. When the family is wracked by domestic violence, the legal issues are complex ad emotionally charged.

Iowa's law currently allows victim of domestic violence to obtain protection orders. In the case of Dixie Shanahan, it has been reported that she did obtain protection orders, but they were dismissed.

Obtaining a protection order is often only one of many obstacles a survivor must negotiate. If the abuser is the primary breadwinner, how is the survivor going to support herself and her children if she files a protection order?

Additionally, Iowa law allows the eviction of individuals who cause a "clear and present danger." However, survivors of domestic abuse are often evicted because of the actions of the abuser. Survivors are then sometimes fearful of reporting abuse.

There are aids available such as shelters and hot lines. However, the rule of law and access to the court system are the most important options in addressing this problem and breaking the cycle of violence.

These factors are underscored in a recent study by economists at Colgate University and the University of Arkansas. The study, "Explaining the Recent trend in Domestic Violence" says  that access to legal services is one of the primary factors contributing to a 21 percent decrease nationally in reported incidents of domestic violence between 1993 and 1998.
Even though services such as domestic abuse shelters are extremely important to survivors, the study concluded that "with the exception of legal services none of the services specifically designed to help victims of domestic violence impact the likelihood of abuse. Women living in counties with shelters, hotlines, safe houses, emergency transportation, programs for batterers, children's programs, and counseling are not significantly less likely to be victims of intimate partner abuse than women who live in counties without these services."

The study continued: "Women who live in counties with legal assistance programs to help battered women are significantly less likely to report abuse. Because legal services help women with practical matters such as protective orders, custody and children support they appear to actually present women with real long-term alternative to their relationships."
Survivors of abuse who struggle to break the cycle of violence and move on with their lives are better able to do so when they have access to the legal system to address the full range of their legal problems.

Cuts in federal, state and local dollars have resulted in the loss of $1.2 million for legal aid in the state. This loss has resulted in reduced access to the court system for Iowa's poor, weak, and abused.

One way to reduce the number of these tragic stories is to ensure that all who face abuse have unfettered access to our legal system in order to assure their rights and shield them from violence.

Last Reviewed On: 12/27/04
 
 

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