Abuse Laws Wreak Havoc with Constitution, Report Finds

WASHINGTON, May 4 /PRNewswire-USNewswire/ -- Each year an estimated two million Americans see their basic rights compromised or vitiated by heavy-handed domestic violence policies. This number rivals, and in some ways surpasses, the legal abuses of the infamous Jim Crow era, according to a report released today.

The analysis, "Assaulting our Rights: How Domestic Violence Laws Curtail our Fundamental Freedoms" is published by SAVE – Stop Abusive and Violent Environments. The report is available online: http://www.saveservices.org/special-reports/

Constitutional law experts have long expressed doubts about "get-tough" domestic violence policies. According to Cheryl Hanna of the Vermont Law School, "Evidentiary standards for proving abuse have been so relaxed that any man who stands accused is considered guilty."

The SAVE report identifies nine Constitutionally-protected rights that are often ignored by domestic violence laws. These rights include:

1. Probable cause for arrest: Twenty-three states mandate arrest for allegations of assault, even when probable-cause evidentiary standards are not met.
2. Right to due process: Civil domestic violence laws do not require notice or hearing, or even proof of abuse before a temporary restraining order is issued.
3. Equal treatment under the law: Domestic violence programs provide legal services to abuse accusers, but not for defendants, thus compromising the principle of "innocent until proven guilty."

"The civil rights movement of the 1960s did not intend to devote itself to a fleeting quest for justice, only to see millions of innocent Americans falsely accused, wrongfully arrested, and unfairly vilified a generation later," explains SAVE spokesman Carl Starling. "We must eliminate gender-biased policies and demand justice for all."

In 2009 the Connecticut Supreme Court held that a man's rights of entering his home and associating freely with his children were violated by the state's domestic violence prosecution procedures (State v. Fernando A.). The American Civil Liberties Union of Connecticut argued successfully that due process requires an evidentiary hearing before a court can issue a protective order that deprives an individual of their fundamental liberties.

SAVE is a 501(c)(3) organization dedicated to improving the effectiveness of our nation's approach to the problem of domestic violence through education, training, and awareness programs.

SOURCE Stop Abusive and Violent Environments

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