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Legislation Related To Your Area Of Interest Essay

¶ … legislation related to your area of interest in human services. Explain how the legislation has impacted human services and in particular your area of interest. Include how it affects client services in this area. Be specific and provide examples. Main Discussion Post

The implementation of mandatory arrest laws in regards to domestic violence has generated a lot of debate. These laws require an officer to make an arrest if they have probable cause that domestic violence has taken place. During the mid to late 1980's a number of states put into practice these laws as an attempt to fight domestic violence and to control police actions. However, research on the helpfulness of these laws has yielded mixed results. There is no apparent agreement among researchers, activists, victim's rights advocates, policymakers, and law enforcement officials on the effects that mandatory arrest policies have for victims...

Therefore, the verdict remains blurred on whether these laws provide the intended protection and relief to victims they were intended to, or whether they are the cause of inadvertent consequences such as increased violence (Strout, n.d.).
As attitudes have changed and reform has expanded, there has been a significant shift in the legal approach that has emphasized the criminalization of domestic violence. One important innovation in domestic violence law has been the expansion of police power to make warrantless arrests in domestic violence cases. This has been a change from the common law rule that traditionally required an officer to witness a crime in order to make an arrest. In the mid-1980's, most states moved away from this requirement and expanded police power, permitting officers to make an arrest without a warrant as long as they had probable cause to believe that domestic violence…

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Domestic violence treatment programs have historically been designed for men who have been, or are at risk for becoming violent with an intimate partner. With the recent introduction of mandatory arrest laws for domestic violence, treatment programs around the country have flourished in response to the growing need for services of court-mandated clients. In addition, women who have been arrested for domestic violence are also frequently referred for mandatory treatment. In most programs, family safety remains a main and immediate concern, however while this goal is frequently sought after the approach and fundamental rationale may differ considerably from program to program, based on the resources that are available (Sonkin, n.d.).

The dynamics of domestic violence are varied and complex. Effective treatment should be based on a careful clinical evaluation and tailored to the psychological and social needs of both the abuser and the partner. Above all, treatment services should be based on sound scientific research and the best practices of the counseling profession (Why Have Domestic Violence Programs Failed to Stop Partner Abuse, 2008). Unfortunately this has not been the case since the passage of mandatory arrest laws.

Along with the mandatory arrest laws there has been an increase of court mandated treatment for which many treatment programs were not prepared. Treatment programs have found themselves overwhelmed with clients and with a shortage of funds in order to provide the services that are needed. This has led to ineffective outcomes in many programs because they lack the personnel along with other resources in order to be successful. Unfortunately research has shown that the mandatory arrest laws and court
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