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Latest Threat to the Constitution: The
Domestic Violence Industry
The principles and precepts of the American
Constitution are once again under attack, this time
at the hand of groups that operate under the
laudable façade of curbing partner abuse.
Aptly taking the name from its signature
legislation -- the Violence Against Women Act
– the self-proclaimed VAWA Mafia is
relentlessly working to take us back to an era when
persons could be accused, charged, and even
convicted of a heinous act without evidence or
proof.
These determined women have not only succeeded
in passing a gaggle of federal and state domestic
violence laws, they have erected a nearly
unassailable moral authority that makes it
difficult to pose even the most basic questions,
like are these programs working? (The answer to
that question is an unequivocal “no,” but
that’s not the focus of this article.)
It’s well-known that federal domestic
violence laws dole out $1 billion a year for
programs that often escalate partner conflict and
weaken families. But what does that have to do with
ignoring the Constitution?
The VAWA Mafia members are compulsive
worry-warts when it comes to the boogeyman of
“power and control.” Believe it not, they
are now pushing to make “coercion” part
of the federal definition of domestic violence.
This has already happened in Rhode Island, where
the state Judiciary published this handy-dandy
checklist: “Are you concerned about your
relationship?” and “Does your partner
tell you what to do?” www.courts.state.ri.us/domesticnew
Think about it, ladies: The next time you order
your better half to pick up around the house or
take out the trash, you are tempting the criminal
justice system to swoop in and brand your forehead
with the scarlet “Abuser” label
Not only is this an unwanted fashion accessory,
it also erodes one of the central pillars of a free
society, the right to speak openly, even if such
speech provokes embarassment or ire. (First
Amendment: “Congress shall make no
law…abridging the freedom of
speech.”)
That’s just for starters.
Because once you’ve been accused of
“coercion” (no proof of said offense
necessary), Johnny Law will probably come by and
slap you with a restraining order. (The Third
Amendment was designed to protect homes and
families from unwarranted governmental
intrusion.)
The order will serve to banish you from hearth
and home, and even bar you from seeing your kids.
Stigmatized as a “batterer,” you may find
yourself on the losing side of a custody dispute
and ordered to pay child support. (Fourth
Amendment: Citizens must be “secure in their
persons, houses, papers, and effects.”)
Don’t imagine that you can call little
Sally just because it happens to be her birthday
– the law is quite strict about such things.
In fact in many states, violating the terms of the
restraining order will subject you to arrest. (More
from the Fourth Amendment: There must exist
“probable cause” before a person can be
“seized.”)
At some point in the process you’ll get a
10-minute hearing before a judge. Except the jurist
may have just come back from a VAWA-funded training
seminar in which he was hectored to “hold
abusers accountable” and “err on the side
of safety.” So you may not receive the fair
hearing you once thought you were entitled to.
(Fifth and Fourteenth Amendments: No person shall
be deprived of life, liberty, or property
“without due process of law.”)
Since you have been arrested, your case will now
be processed under criminal law. By this point, you
may have exhausted all your resources, so the judge
will appoint an over-worked public defender. He or
she will try to induce you to accept a plea bargain
rather than face the vagaries and expense of a
criminal trial. (Sixth Amendment was designed to
frustrate “any attempt to employ our courts as
instruments of persecution,” explained the the
Supreme Court In re Oliver.)
By now you are fuming over being treated so
shoddily and you’re wondering whatever
happened to Lady Justice’s blindfold? But you
don’t give up easily, so you return to court
to demand justice.
But were you aware that the Violence Against
Women Act funds a multi-million dollar program
called Legal Assistance for Victims? The
“victim” (the person who accused you of
abuse) is entitled to receive free legal help.
But as the suspect of partner abuse, you will
have to dig deeply to fund your defense. Knowing
that fact, your accuser’s crafty lawyer may
engage in a succession of delaying tactics until
your money runs out. (Fourteenth Amendment: No
state shall “deny to any person within its
jurisdiction the equal protection of the
laws.”)
Each year, 2-3 million Americans are served with
restraining orders, and one million are arrested on
charges of domestic violence. More often than not
they are men, but many women have been caught up in
the domestic violence dragnet as well.
And more often than not these men and women have
never committed any act that could remotely be
construed as domestic “violence.”
* * *
Carey
Roberts probes and lampoons political correctness.
His work has been published frequently in the
Washington Times, Townhall.com, LewRockwell.com,
ifeminists.net, Intellectual Conservative, and
elsewhere. He is a staff reporter for the New Media
Network. You can contact him at E-Mail
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