Protect domestic abuse victims by fixing gaps in state laws
As a prosecutor in the special victims and domestic violence division of the Delaware County District Attorney’s Office, I had many heart-breaking discussions with victims. I came to know first-hand the struggles that victims of domestic violence face on a daily basis, the fear they often have toward their abuser, their skepticism about the legal process, and their fears about whether they will receive justice.
In April, the nation marked National Crime Victims’ Rights Week to honor the victims and recognize those who provide them with the support and services they deserve. But in reality the fight for victims’ rights is a daily, yearlong struggle. It is a struggle where advocates must constantly look for the silver lining, where small victories are the motivation to keep fighting for change.
Working as an assistant district attorney, I came to understand the complexity of domestic violence relationships. I learned that the most dangerous time for victims of domestic violence can be when they leave their abuser. It is when the abuser can become more volatile and lash out. It is also a time when victims can feel isolated from their friends and family and face severe pressure because of the lack of financial support.
There are many myths in the public about domestic violence that we need to work to dispel. Despite public perception, domestic abuse is not a crime that predominantly impacts the poor and uneducated. It is not a crime that only impacts women. The reality is that both men and women are victims of abuse and victims come from all socioeconomic and educational backgrounds.
According to the Pennsylvania Coalition Against Domestic Violence, two-thirds of the victims who died from domestic violence in 2017 were female while one-third were male. Victims were killed by poisoning, stabbings, and beatings, but two thirds of the domestic violence deaths from gunshot. It was the most domestic violence deaths by firearm in ten years. It is also worth noting that 75 percent of the female victims and 33 percent of the male victims were killed by a current or former intimate partner.
Perhaps the most dangerous misperception is that abusers just snap. On the contrary, abuse is part of a recurring cycle in which perpetrators seek to demonstrate control over their victims. Understanding these facts and statistics is necessary to create effective laws.
In March the Pennsylvania Senate approved a package of laws that provide additional protections for victims of domestic violence and other crimes. Two of our local legislators, Senators Tom Killion and Tom McGarrigle, introduced and championed legislation supported by both the Pennsylvania Coalition Against Domestic Violence and law enforcement.
Senator Killion’s legislation requires individuals to relinquish their firearms within 24 hours of a court issuing a final Protection from Abuse order, a change from the current 60-day window which was far too long. In addition, individuals are no longer simply permitted to turn their firearms over to friends or family for safekeeping. If a court issues a final PFA, those weapons must now be turned over to either law enforcement, a licensed fire arms dealer, or an attorney. Senator McGarrigle’s legislation makes important changes as well, extending the length of time for Protection from Abuse orders if an individual is in prison. That means victims do not need to seek court approval for a new PFA or have to show new evidence of abuse.
I’m hopeful that the House of Representatives will take up the Senate passed package of legislation and send it to Governor Wolf for his signature. In my view and personal experience, the current flaws in state law simply are not providing victims with the protections and safety they need and deserve. In the meantime, I urge residents who care about this issue to do their part to dispel the myths of abuse and provide victims with the social supports they desperately need.