The Coalition to End Domestic Violence has identified 14 Principles to Reform Domestic Violence Laws. These principles have been endorsed by numerous professors, attorneys, and other opinion leaders – see listing below.
A. General Issues
- Drafting process: Stakeholders representing a diversity of perspectives need to participate as full participants in the Violence Against Women Act reauthorization drafting process.
- Definitions: Because of VAWA’s expansive and vague definitions, minor incidents of partner conflict are being over-criminalized.[1] In addition, victims of physical violence aren’t getting the priority they deserve.[2]
- Training and public awareness: Training and education programs should be based on sound science, not gender ideology.[3]
- Non-discrimination: VAWA grantees should ensure that all victims of domestic violence are helped.[4]
- Accountability: The Violence Against Women Act needs to institute strong transparency and accountability measures to rein in waste and fraud.[5]
B. Counseling and Treatment Services
- Treatment programs: Programs funded by the Violence Against Women Act ignore the most common causes of intimate partner violence: substance abuse, marital conflict, and psychological disorders. Domestic violence programs should address the social and psychological causes of partner aggression.[6]
- Mediation and Reconciliation: The importance of the family structure must be respected.[7] Many states prohibit couples counseling when abuse has been alleged. Partner reconciliation should be allowed when the counselor and victim believe counseling is desirable and safe.
- Abuse shelters: Abuse shelters should be staffed by personnel with appropriate training and expertise in crisis intervention, mental health, and substance abuse treatment. Shelters should give priority to victims of physical violence.[8]
C. Legal Response
- Due process: The legal response to alleged incidents of domestic violence and sexual assault must be based on constitutionally sound principles of due process.[9] The presumption of innocence must be upheld.[10]
- Investigations: Investigations of alleged incidents must be objective, neutral, and fair, not based on guilt-presuming “victim-centered” or “trauma-informed” methods.[11]
- Restraining orders: Restraining orders don’t deter determined abusers from harming their victims, and can lull victims into a false sense of security. Restraining orders should only be issued when there is objective and verifiable evidence of abuse.[12]
- Mandatory arrest: Mandatory arrest policies increase partner homicides by nearly 60%, according to a Harvard University study.[13] The Department of Justice should not award VAWA grants to jurisdictions with policies that promote arrest without probable cause.
- Prosecution: Mandatory prosecution and prosecuting protection order violations may be linked to increases in partner homicides. Prosecutors need to avoid ‘no-drop’ policies that ignore the wishes and needs of victims.[14]
- False allegations: False allegations can cause severe and lasting harm to the wrongfully accused, deprive children of parental guidance, and rob victims of services, protections, and credibility.[15] Incentives should not be established for immigrants to make false allegations.16 False accusers need to be held accountable.
Signed: (organizational names for identification purposes only)
Michel Alary, MD, Ph.D.
Université Laval
Québec, QC, Canada
John Archer
Professor of psychology
University of Central Lancashire
Editor, Aggressive Behavior
Preston, UK
Hal R. Arkes Ph.D.
Emeritus Professor of Psychology
Ohio State University
Columbus, OH
David A. Armstrong, Ph.D.
McNeese State University
Department of Social Sciences
Lake Charles, LA
Prof. Daniel Asia
University of Arizona
Tucson, AZ
J. Michael Bailey
Northwestern University
Evanston, IL
Gregg Barak, Ph.D.
Professor of Criminology & Criminal Justice
Eastern Michigan University
Department of Sociology, Anthropology, and Criminology
Ypsilanti, MI
Jay Bergman
Central Connecticut State University
New Britain, CT
David Bradshaw
Professor of Philosophy
University of Kentucky
Lexington, KY
Loretta Breuning, Ph.D.
California State University, East Bay
Hayward, CA
M. Northrup Buechner
St. John’s University
Queens, NY
Michael Burlingame
University of Illinois
History Department
Springfield, IL
Marshall Burns, Ph.D.
SOL Research
Los Angeles, CA
Brad J. Bushman, Ph.D.
Professor of Communication & Psychology
Ohio State University
Columbus, OH
Adam Candeub
Michigan State University
East Lansing, MI
Ardel B. Caneday
University of Northwestern – St. Paul
Biblical & Theological Studies Department
St. Paul, MN
Deborah M. Capaldi, Ph.D.
Senior Scientist
Oregon Social Learning Center
Eugene, OR
Crystal Cathell
Editorial Director
Authors Without Boundaries
Parksley, VA
Thomas Chelboski
Vice President
Maryland CURE
Baltimore, MD
Tara Cornelius, Ph.D.
Psychology
Grand Valley State University
Allendale, MI
Richard L. Davis (LtRtd)
Brockton Police Dept.
Brockton, MA
Thomas Dineen, MA (Oxon.), LLM
Baltimore, MD
Donald Dutton, Ph.D.
Professor Emeritus
University of British Columbia
Vancouver, Canada
Lee Eshelman, MA
University of Wisconsin
Department of Psychiatry
Madison, WI
Tim Fay
Former Special Assistant
U.S. Commission on Civil Rights
Washington, DC
Martin S. Fiebert
Professor of Psychology
California State University, Long Beach
Long Beach, CA
Gordon E. Finley, Ph.D.
Professor of Psychology Emeritus
Florida International University
Miami, FL
Bruce P. Frohnen, Ph.D.
Ohio Northern University
College of Law
Ada, OH
Cynthia Garrett, Esq.
San Diego, CA
Camille Gibson, Ph.D.
Prairie View A&M University
College of Juvenile Justice and Psychology
Prairie View, TX
Jerry Glenn, Ph.D.
Professor Emeritus
University of Cincinnati
Cincinnati, OH
Nicola Graham-Kevan, Ph.D.
Reader, University of Central Lancashire
Lancashire, UK
John Hamel, Ph.D., LCSW
Editor-in-Chief, Partner Abuse
Director, John Hamel & Associates
San Francisco, CA
Anne Hendershott, Ph.D.
Professor of Sociology
Franciscan University
Director of the Veritas Center for Ethics in Public Life
Steubenville, OH
Patricia L. Herbold, J.D.
U.S. Ambassador (retired)
Bellevue, WA
Mark Y. Herring, EdD
Winthrop University
Rock Hill, SC
Max Hocutt Ph.D.
University of Alabama
Tuscaloosa, AL
Roy Den Hollander
Attorney at Law
New York, NY
Scott Idleman
Law School
Marquette University
Milwaukee, WI
Jack Kammer, MSW, MBA
Former Parole and Probation Agent
Maryland Dept. of Public Safety and Correctional Services
Baltimore, MD
Jonathan Katz
Professor of Physics
Washington University
St. Louis, MO
Professor Richard Klein
Bruce K. Gould Professor of Law
Touro Law School
Central Islip, NY
David B. Kopel
Adjunct Professor
University of Denver
Sturm College of Law
Denver, CO
Barry Latzer, J.D., Ph.D.
John Jay College of Criminal Justice, CUNY
New York, NY
Mo Yee Lee, Ph.D.
Professor, College of Social Work
Ohio State University
Editor, Journal of Ethnic & Cultural Diversity in Social Work
Columbus, OH
George Leef
Director of Research
James G. Martin Center for Academic Reform
Raleigh, NC
Richard Lougee
Criminal Defense Attorney
Law Office of Richard L. Lougee
Tucson, AZ
Sabina Low, Ph.D
Arizona State University
T. Denny Sanford School of Social and Family Dynamics
Tempe, AZ
David S. Marshall
Marshall Defense Firm
Seattle, WA
Carolyn Martin
Board Member
American Board of Certified Criminal Investigators
Navarre, FL
R.L. McNeely, Ph.D., J.D.
Emeritus
University of Wisconsin-Milwaukee
Milwaukee, WI
Velma Montoya, Ph.D.
University of California Regent Emerita
Los Angeles, CA
James E. Moore, II, Ph.D.
Professor
University of Southern California
Los Angeles, CA
Donald F Nelson, Ph.D.
Professor Emeritus
Worcester Polytechnic Institute
Worcester, MA
Anthony Nicastro, Ph.D.
Williams College
Williamstown, MA
Patricia Noller, Ph.D.
Emeritus Professor
School of Psychology
University of Queensland
Australia
Bob Paquette
Executive Director
Alexander Hamilton Institute for the Study of Western Civilization
Clinton, NY
Jill Pasteris, Ph.D.
Washington University in St. Louis
St. Louis, MO
Harry W. Power, Ph.D.
Professor Emeritus
Rutgers University
New Brunswick, NJ
Glenn M. Ricketts, Ph.D.
National Association of Scholars
New York, NY
Arnold Robbins, MD, DFAPA
Clinical Professor of Psychiatry
Boston University School of Medicine
Boston, MA
Eric Rosenberg, Esq.
Rosenberg & Ball Co. LPA
Granville, OH
David J. Rothman, Ph.D.
Director, Graduate Program in Creative Writing
Western State Colorado University
Gunnison, CO
David J. Rothman, Ph.D.
Director, Graduate Program in Creative Writing
Western State Colorado University
Gunnison, CO
Brenda Russell, Ph.D.
Pennsylvania State University, Berks
Applied Psychology
Reading, PA
James R. Scott, Ph.D.
NASA Glenn Research Center
Brook Park, OH
Jim Semerad, CDR, SC, USN (Ret)
National Parents Organizationl
Lake Orion, MI
Charles Sevilla
Former President
Calif. Attorneys for Criminal Justice
San Diego, CA
Marcus Sheffield, Ph.D.
Southern Adventist University
Collegedale, TN
Brian M. Sirman, Ph.D.
Boston University
Boston, MA
Royal Skousen
Professor of Linguistics
Brigham Young University
Provo, UT
Kaare W. Strom
Distinguished Professor of Political Science
University of California, San Diego
La Jolla, CA
Richard Swallow, Ph.D.
Coker College
Hartsville, SC
Stuart Taylor
National Journal
Contributing Writer
Washington, DC
Jason E. Thompson
Attorney at Law
Ferder Casebeer French & Thompson, LLP
Salem, OR
Warren Treadgold, Ph.D.
Saint Louis University
Saint Louis, MO
Brandon Van Dyck
Assistant Professor of Government and Law
Lafayette College
Easton, PA
Maarten van Swaay
Professor emeritus
Kansas State University
Manhattan, KS
Bernadine Waller, LMHC, Ph.D. Candidate
Adelphi University
School of Social Work
Garden City, NY
Sylvia Wasson, Ed.D.
Santa Rosa Junior College
Santa Rosa, CA
John M Wermuth, MBA
Harvard University
Cambridge, MA
Keith Whitaker, Ph.D.
Wise Counsel Research
Boston, MA
[1] 46 State Abuse Coalitions Call for End to Harsh, VAWA-Driven Criminal Justice Policies. October 22, 2020. https://endtodv.org/pr/46-state-abuse-coalitions-call-for-end-to-harsh-vawa-driven-criminal-justice-policies/
[2] Coalition to End Domestic Violence: Expanding Definitions of Domestic Violence. https://endtodv.org/reports/
[3] Association of Domestic Violence Intervention Providers: Partner Abuse State of Knowledge Project. https://domesticviolenceresearch.org/
[4] Coalition to End Domestic Violence: Domestic Violence Programs Discriminate Against Male Victims. https://endtodv.org/reports/
[5] Dara Kam. Court Battles Continue Over Florida Domestic Violence Agency. November 13, 2020. https://www.wuft.org/news/2020/11/13/court-battles-continue-over-florida-domestic-violence-agency/
[6] Centers for Disease Control: Intimate Partner Violence: Risk and Protective Factors. https://www.cdc.gov/ViolencePrevention/intimatepartnerviolence/riskprotectivefactors.html
[7] Coalition to End Domestic Violence: How False Allegations Harm Families and Children. https://endtodv.org/reports/
[8] Carey Roberts. Few Women in Abuse Shelters are True Victims of Violence. https://web.archive.org/web/20110920045655/http://www.renewamerica.com:80/columns/roberts/081002
[9] Coalition to End Domestic Violence: An Assault Upon Our Civil Rights. https://endtodv.org/reports/
[10] ACLU: Letter to the Senate Judiciary Committee Regarding the Violence Against Women Act. https://www.aclu.org/letter/aclu-letter-senate-judiciary-committee-regarding-violence-against-women-act-2005
[11] Center for Prosecutor Integrity. Trauma Informed, Junk Science. http://www.prosecutorintegrity.org/sa/trauma-informed/
[12] Steve Albrecht. Do Domestic Violence Restraining Orders Ever Really Work? https://www.psychologytoday.com/blog/the-act-violence/201207/do-domestic-violence-restraining-orders-ever-really-work
[13] Radha Iyengar: Does the Certainty of Arrest Reduce Domestic Violence? Evidence from Mandatory and Recommended Arrest laws. http://www.nber.org/papers/w13186
[14] Center for Prosecutor Integrity. Prosecutor Ethics in Domestic Violence and Sexual Assault Cases. http://www.prosecutorintegrity.org/wp-content/uploads/DomesticViolenceSexualAssault.pdf
[15] Petition2Congress: Stop False Allegations of Domestic Violence. https://www.petition2congress.com/ctas/stop-false-allegations-domestic-violence
[16] David North. Senate Holds a Rare Hearing on Immigration-Related Marriage Fraud. https://cis.org/north/senate-holds-rare-hearing-immigration-related-marriage-fraud