Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, September 13, 2018

Does Surveilling Alleged Domestic Abusers Violate Their Rights?

From The Washington Post:

In the United States, about one in three women in intimate relationships experiences abuse, including rape, battery, intimidation and stalking. But those who report domestic violence to authorities or attempt to leave their abusers are at risk of experiencing harassment and separation assault, which can sometimes be deadly. They are also vulnerable to being coaxed by an alleged abuser into backpedaling their story. These are forms of witness tampering that interfere with a victim’s ability to testify.

In response to lethal cases of separation assault, a growing number of state legislatures have passed or are considering passing legislation that mandates or permits the electronic monitoring of domestic violence defendants — most recently with GPS tracking ankle monitors — to ensure they comply with judges’ stay away, protection or restraining orders. While most defendants comply with such orders, a minority of alleged abusers with a long history of violence regard them as a mere “piece of paper.” Requiring GPS monitoring is hence a way of giving the orders teeth.

Read more here.

http://lawprofessors.typepad.com/family_law/2018/09/does-surveilling-alleged-domestic-abusers-violate-their-rights.html

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