Legal trap - domestic violence - attorneys pay attention!

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I feel a "pox on both houses" post coming on...

My ideas on wife-beating aren't very wife-beater-friendly, insofar as I think that the wife should simply kill their physically abusive spouse, preferably with a firearm so she doesn't have to worry about the typical strength disparity between men and women. As a practical matter, I think this is workable advice, depending on your state's laws concerning self-defense and firearms in general, of course. I'm not sure I can come up with a much more hard-line attitude towards clear-cut wife beaters than "kill them." I mean, what's left?

At this point, if you try to argue that I'm pro-wife-beating, you are clinically retarded. I just wanted to point that out.

The problem is, many people who get especially excited about DV have a habit of not merely stating that male-on-female DV is more common than female-on-male DV, but completely trivializing the existence of the latter. This includes trivializing any individual incidents cited, no matter how badly the male was victimized or how clear-cut the guilt of the woman was. Guys claiming abuse were sissies or had it coming. Anybody pointing out the mere existence of these abused men is a woman-hater (and probalby wife-beater themselves) with a neanderthal agenda. Pointing out that statistics, and indeed the law itself, sometimes lump together shouting matches and trivial physical contact with beatings, stabbings and murders under the catch-all title "domestic violence" is treated as some kind of mindcrime. Suggesting that a shove is not morally equivalent to caving in someone's skull with a blunt object is greeted with shocked indignation. The same human factors that are embraced to explain how rapes of women are under-reported, are treated as laughable when used to explain how female-on-male DV is under-reported. Or just ignored because it is inconvenient to think about. Funny, that.

Funny, too, how it isn't enough for people to say: asaulting, battering and killing your spouse is bad, just like it is bad to do those things to anybody else, and people who do it should be punished as voilent criminals either way. It has to become: men are a monolithic threat, and women are all innocent victims, and when men are victims, it is their fault anyway. Insinuating women who are victimized had it coming: completely evil tactic. Insinuating men who are victimized had it coming: acceptable tactic.

This is extremely stupid. Of course, the over-reaction to this, that domestic violence is almost entirely a female fabrication, designed to explot the presumption of male guilt in the judical system whenever there is a male-female domestic dispute, in order to get a financially exploitive divorce settlement, is just an inversion of the same kind of stupidity. The only difference is that you have to ignore even more bodies to buy into that point of view.
 
Look guys, you're facing a huge cultural issue here.

Case in point: remember Lorena Bobbit? At the time, I didn't meet a man who didn't cringe at the news, and I didn't meet a woman who didn't giggle (was working in Atlanta at the time).

Same issue.

Probably best to understand it's there, and move on.
 
The upshot of all this is that getting married is insane. >50% of marriages end in divorce. Some proportion of the remainder SHOULD end in divorce, but don't. Thus, the odds that you will get married, stay married, not hate it, are about 25%. That means I have a 75% chance of, at best, being miserable for years, and then giving away half my income and assets to somebody I don't even like anymore. That's my best case scenario if I'm in that 75%! :eek:

For me, that's scary not becuase I hate and distrust women, but because I don't.
 
Sean,

You nailed it on the head on two points. First, a male victim does have an uphill battle. And I, as prosecutor on the case, have an uphill battle convincing a jury that woman on man violence is as bad as man on woman. It can be done, and I've managed to do so. Not always easy, but it can be done.

As to the whole "woman as victim, man as abuser" syndrome, I will agree that there are those who engage in this type of stereotyping, occassionally to teh point of fanaticism. Some of the support groups are very bad that way. So, imagine the surprise on the part of one local group when I walk in and introduce myself as the prosecutor, then go into court and the first words out of my mouth are "This case has nothing to do with male or female. It has nothing to do with gender at all, other than to identify who the parties are. This case is about violence." They went to the boss, complaining that it was a woman issue. As the boss said, if you put a woman prosecutor in the court, it is a woman issue. You put a 6'2", 230 lbs male prosecutor in their, and it is a violence issue. Which is what it is. Those who politicize the issue aren't doing it justice. Then again, they aren't out for real justice, are they?

By the way, I've not won over all of them, but several will now agree that it is a genderless issue. It is a violence issue.
 
Don't forget that domestic violence isn't always spousal.

What happens when a 6'3" 17 year old in great health decides he doesn't have to abide by Daddy's rules anymore and takes a swing at him? What if daddy is smaller and weaker?

That my friends is also Domestic Violence and it happens a lot more often than you'd imagine.

Is that event worth losing your Constitutional rights? :confused:
 
Then Daddy picks up a 36" Craftsman breaker bar, chucks it up under 17-year-old's chin, backs him up against the garage wall and says "I didn't spend 6 years in the Corps and 20 years with the government to come home and take a bunch of lip off your inexperienced, overbearing ass so maybe you'd like to self-adjust right about now?"

Well, at least when things go the way they are supposed to that's what happens...Not that I know first hand or anything...

And no, losing any rights whatsoever for such a thing is insane.
 
What happens when a 6'3" 17 year old in great health decides he doesn't have to abide by Daddy's rules anymore and takes a swing at him?

What happens is, he'd better hope his daddy is nothing like my daddy was (and hell, still is)! :eek: :eek: :eek:
 
And what happens when that same 17 year old decides he just doesn't want to listen to anything you have to say, says "I don't have to listen to you", walks the three blocks to the Police Department and tells them that Daddy had him in a choke hold? He also told the police that he wanted both Mommy and Daddy arrested.


That's also considered domestic violence. And both parents COULD be arrested for that.


Oh yeah, he also told the police that there were several guns in the house.
 
An arrest or two would have been made...



Except for the fact that Mommy had called the police department as soon as he walked out the door. So they were expecting him.

And the fact that the police officers he told the sob story to, said he was so overly dramatic in his presentations as to be comical.

He was given a lecture by the police officers and driven home.

Where has given another lecture on the very real possibilities of being arrested for falsifying a report.


All in all it was a very close call.
Two people nearly lost their gun rights and carry permits because of a lie told in anger.


Sometimes, the cure is worse than the disease.
 
Sean S. hit it on the head.

IMNSHO, the most heated sector of this discussion seems to involve quite a bit of... well... projection. Violence and irrationality are ubiquitous, inherent in human nature, I say. Nobody is immune no matter how carefully one builds one's little cocoon of perfection. This really seems to chew on some who seemingly have little spectator let alone first-hand experience of the game of Pathologically Dysfunctional Families.

Recognizing this uncertainty and accepting it as another contingency of life can free up a lot of one's resources. Denial and transfixation are consuming processes that produce nothing. But those should only be a phase.

And, for the record, I quite viciously but bilaterally pummel my wife just about every week. In the dojo. :scrutiny: Can't tell whether we live our harmonious life because of or despite that.
 
Hey, I got one. the 17 year old argues with daddy about taking the car. Daddy puts his foot down and says no, it's aftre midnight, you have school in the morning. !7 year old throws Daddy down the stair, breaking his collarbone. I prosecuted the 17 year old when I was just ending my time in Juvi in 2002.

The juvi gets out next month.

And, for what it's worth, Daddy got up and put the kids head into the drywall. Literally. Darn it if we lost the report the kid filed against Daddy for D.V. ;)

Self defense rules still apply in the home. In this case, Daddy was former Army, a football coach, and big enough to put kid in the wall one handed.

No different than husband and wife D.V. Only thing different is which court handles the charges.
 
I just became aware of a strange application of the Lautenberg amendment that expands the definition of domestic violence. It may well be in effect in your jurisdiction.


I kinda had trouble following exactly how the laws were applied in your example, but the following occurs to me:

Isn't it possible that this overzealous, idiotic application of the law might some day have the unintended consequence of "pushing a guy too far," and that some day some guy might actually go out and kill his spouse BECAUSE her stupid, misguided call to 911 over a pushing match that did no harm brought down the weight of the law on him for no good reason, and got his rights taken away from him?

I could see a guy going on a rampage due to suffering the indignity and humiliation of being powerless before a totally senseless district attorney's crusade.

If the idiots who want to call every goddamned thing a "violent crime" even when it is not a violent crime end up causing violent crimes, it will serve them right.

-Jeffrey
 
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