Domestic violence

Domestic violence negates the underlying meaning of a family in our society. It does not only compromise of reliable influence parents have in building the character traits of their kids but also misinterprets the meaning of love and companionship principles of marriage (Roberts, 2002). Family or domestic violence has many negative social and economic effects in the society. For instance, children brought up in a domestic violence have a higher possibility of substance abuse (Medline Plus, 2009). Domestic violence also leads to emotional stress or depression thus lowering the self-esteem of family members. Divorce, a major result of family violence has in it an impact which compromising the social-economic status of the family members. Outing from a financially sustainable environment always affects the provision ability of the single parent to their children daily survival and educational needs.

However, with the government serving to protect its citizens, there are many laws in place which seek to mitigate domestic violence. Depending on the level of violence involved, domestic violence can be addressed by civil or criminal laws (Roberts, 2002). It is therefore under the provisions of the law for victims of domestic violence to report such cases to law enforcement authorities for justice to be do. Nevertheless, domestic violence has been identified has problem that can be more effectively resolved in a clinical approach.

This paper is written to address the issue of domestic violence by using a clinical approach rather than imposing incarceration punishment on victims. The author first gives a definition of domestic violence as provided in the penal code 13700. Secondly, a discussion on the social, legal and generational effects of domestic violence is given. Lastly, the author gives a critical argument on how domestic violence can be better addressed by a clinical approach rather than jailing.

First is a definition of domestic violence. Domestic violence is generally defined as any act by a family member that impose emotional or physical pain on other members of the family. According to the penal code 13700, domestic violence means any act of abuse committed by an individual against another with they are in or had a relation (Simons, 2010). By intimate relationship, the law encompasses a current or former spouse, an adult or minor you are or were cohabiting with, a person you are dating or engaged to andor any person you have had a child with (Sher, 2003). Still the law does not limit the definition to a cohabitant-intimate relationship. It includes sharing of living quarters, sharing costs and benefits, or even engaged in joint property ownership. These factors are however to qualification depending evidence of relation continuity and the period the relationship has been in existence.

Second is a discussion on the social effects of domestic violence. Domestic violence leads to bad influence in the kids development process (Simons, 2010). According to available psychological evidence, the development of a childs character is basically by influence of the character traits of the immediate society. This implies that parents are the most influential members of the society in shaping the future behavior and character of their kids. Just to be noted is the fact that kids engage in what they appreciate what they see and hear in life. Therefore, constant domestic conflicts between couples instill a sense of violence appreciation in children as a way of solving problems, an element which does not reflect provisions for harmonious co-existence in the society (Simons, 2010).

Domestic violence has an emotional impact in a family. The underlying purpose of a marriage is to enhance love, appreciation for one another and provide companionship in support, both material and emotional (Roberts, 2002). Based on this though, domestic violence can only serve to diminish the expectation of love and trust in the family thus resulting into impulsive emotions in a family relationship. Children living in a family marked with emotional stress has been established to be a direct result of the of the kids concerns as being the one behind the source of their parents conflict. Stress and depression in an individual whether a child or an adult can evidently negate not only their interpersonal relationships with others but also compromise their hope and positive perceptions in life (Roberts, 2002).

The high rates of divorce in the society have been closely attributed domestic violence. Indeed, according to available statistics on divorce causes in the society, an estimated over 70 percent of the cases are due to family conflict between couples (Medline Plus, 2009). Divorce is at its least a contradiction of our societal values, norms and expectations. By divorce, couples negate their parental responsibilities of bringing up their children. Just to be noted here is the simple fact that the responsibility of parents on children in not limited to financial upkeep provision. It must involve a relational parenting environment between parents and children to realize sustainable character development and psychological comfort, factors which are missing in domestic violence families (Robert, 2002). 

Thirdly, domestic violence has a number of legal implications. The sole function of any government is to oversee the rule of the law among its citizens. Still, in a move to finding lasting solutions to its citizens, the government both makes and enforces laws. On question of domestic violence, the family act of the United States nation prohibits any form of domestic violence (Sher, 2003). As it is common women are the most vulnerable victims of domestic violence in the community (Medline Plus, 2009). It is due to this reason that we have anti-violence on women policies in the nation. Such provisions are clearly stipulated in the Domestic Violence Prohibition Act of the American government. These policies give law enforcers and women rights organizations the legal authority to shelter and give legal adviceassistance to victims of domestic violence (Sher, 2003).

Also, the justice system provisions allows for divorce or separation of couples based on domestic violence. Just to be noted is that an individual has a legal right to get a legally binding court order prohibiting their couples against perpetuating acts of violence. According to the constitutional provisions, children are guaranteed of their right to be brought up in a free, fair and sustainable environment (Roberts, 2002). This makes it a crime subject to the under the American law for either causing domestic violence or neglecting the parenting responsibility one has for their children.
Fourth is a discussion on the generational nature of domestic violence. Violence has been identified to be a behavior rather than an inborn trait. Still, behavior is scientifically proved to be the adoption or influence of the surrounding environment (Roberts, 2002). Therefore, by the principles of conclusion by sufficient reasoning, children copy the behavior of their immediate environment (the parents). This thus means that family violence can be transferred from generation to generation along a given family (Medline Plus, 2009). According to available research finding on domestic violence, it is clear that an estimated eighty percent of families marked violence had either one or the two couples brought up in a family environment marked with constant acts of domestic violence (Roberts, 2002).
Fifthly, domestic violence as a social problem can be addressed sufficiently by transformation of and counseling to enhance understanding and appreciate of family members to each other (Medline Plus, 2009). Family is by its simplest and most fundamental definition a social institution. This means that resolution of family conflicts must entail reconciliation rather than corporal punishment mechanisms.
Most family conflicts as per the available statistic are caused by alcohol and drug abuse by couples (Simons, 2010). Convicting an alcoholic and imprisoning them for domestic violence does not solve the problem. This is because the matching punishment in any crime must seek to eliminate the underlying cause of the problem. Therefore, engaging in a clinical approach such as counseling is better as it encourages not only appreciation of guiltiness by the offender but also ensures sustainable reform from drug abuse (Medline Plus, 2009). This will have the end result of realizing a lasting solution to drug related family violence.

Counseling has been established as an effective tool in dealing with stress, depression and other family rooted problems in individuals. Stress and depression are by far a source of barrier to the realization of love, forgiveness and forgetfulness among members of the society (Medline Plus, 2009). By employing jailing of victims to address domestic violence, the offender is prone to hardening thus compromising their chances of forgiving. On the other hand, counseling seeking to engage in reconciliation between conflicting partners. This means that this family conflict resolution method ensures sufficient mitigation of revenge cases in the family.

Another importance of counseling is that it ensures sustenance of family unity and parental presence for the good of the children (Medline Plus, 2009). Through counseling, there is no long term elimination of one family figure from the family. This is first crucial in ensuring the financial stability of the family. With evidence on family violence, most of the offenders are found to be the main income generators in the family. This means that jailing them greatly compromises the financial status of the family as it cuts income source and can even lead to job loss.

Still on the importance of counseling in keeping the family close is the question of children welfare in the family (Roberts, 2002). The influence of a parent on a child is mainly dependant on the childs attitude towards the child. This means that taking away one of the parent might negatively impact on the psychological and social wellbeing of the child. However, by conducting counseling in resolving domestic violence, a child stands a better chance of enjoying the care of informed, transformed and united parents.

In conclusion, domestic violence is a major social problem whose impact goes beyond the immediate family boundary. The poor influence of domestic violence on kids is reflected in their future families (Medline Plus, 2009). The society is forced to live with burden of domestic violence victims. This is because domestic violence is a leading cause of substance abuse among children, a factor which makes them unreliable members of the society. 

Addressing the problem of domestic violence can employ the justice laws or clinicalparochial approaches. Given that most cases of domestic violence revolve in misunderstanding or lack of appreciation between couples, counseling is the best solution to the problem. This is because it enhances appreciation, care, love and understanding between couples as well as making them respect and uphold the rights of their children.

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