The Cavalier Daily
Serving the University Community Since 1890

A stronger protective force

Virginia law should be amended to include emotional abuse as grounds for a protective order

The University Women’s Center and Sigma Psi Zeta sorority have co-sponsored Domestic Violence Awareness events throughout the month of October, including a panel yesterday titled, “A Survivor’s Guide to Relationship Violence.” Members of the panel included fourth-year College student Sandra Menendez, a survivor of intimate partner violence, Associate Dean of Students Nicole Eramo, and Henrico Juvenile and Domestic Relations Court Judge Maggie Deglau.

College students may not be conscious of how relationship violence can affect them or their peers, because the commonly used term “domestic violence” is typically associated with married couples. But dating violence is actually extremely common among young women. According to the U.S. Department of Justice, women ages 16 to 24 experience the highest per capita rate of intimate partner violence. It is essential for college students to know what resources are available to them if they experience violence in relationships.

Menendez discussed her experiences with getting a protective order against her abuser, and with Dean Eramo issuing a no-contact order when Menendez came to the University. These are two options which may be available to students looking for protection from an abuser. Eramo said she has a lot of liberty to issue no-contact orders — which mandate students not attempt to contact each other during their time at the University and have disciplinary consequences within the University if either student breaks the order. But protective orders which are procured through the court system and impose heavier restrictions on the abuser can sometimes be more difficult to obtain.

The legal system has become more receptive to survivors who are seeking protective orders by training judges to be aware of the cycle of violence and by changing the laws to expand what qualifies as domestic violence or intimate partner violence. Physical violence or stalking are grounds for a judge to grant a protective order, but there are still forms of abuse which do not fall into those categories. Deglau said she has had experiences with women who have asked for protective orders because their partners are emotionally abusive — which includes shaming, alienation and excessive jealousy — but she has not been able to grant those requests because there was no physical violence or repeated attempts to frighten them.

A definition for emotional abuse could be difficult to establish. Incidental name-calling and insults would not qualify, because such actions would not be significant enough. Deglau said the definition would have to stipulate repeated behavior that has a significant impact on well-being, and these semantics could take a long time to sort through. Developing the language of the legislation would be a lengthy process which would have to involve extensive input from medical experts on the effects of emotional abuse.

All forms of relationship violence can have a negative effect on someone’s health. Dr. Terri Babineau, Assistant Dean for Student Affairs at Eastern Virginia Medical School, who also spoke on the panel, said she has found survivors of domestic violence are more likely to have hypertension, asthma and arthritis, among other medical conditions. And the abuse does not have to be physical to cause physical side-effects.

Not only can emotional abuse be damaging in and of itself, but it can also be a precursor to physical violence. Abusive partners use physical or sexual violence to control someone when other non-violent methods of control are ineffective. If a woman recognizes her partner is emotionally abusive and realizes she may be in danger in the future, she should have legal resources available to her so she can leave before the situation escalates to physical violence.

Most of the panelists expressed that the legal options available to survivors and the receptiveness of the justice system have improved immensely over the years. But there are still shortcomings within the law which need to be addressed. Such changes will require greater education about the cycle of violence and the impact of all kinds of abuse, and the system will hopefully continue to improve until all survivors can be protected.

Comments

Latest Podcast

The University’s Associate Vice Provost for Enrollment and Undergraduate Admission, Greg Roberts, provides listeners with an insight into how the University conducts admissions and the legal subtleties regarding the possible end to the consideration of legacy status.



https://open.spotify.com/episode/02ZWcF1RlqBj7CXLfA49xt