ABSTRACT
Domestic violence remains a critical social and legal issue affecting millions worldwide. This paper examines whether domestic violence laws primarily serve as mechanisms of protection for victims or as punitive tools against offenders. Tracing the historical evolution of legal responses, the research explores the dual purpose of these laws ensuring victim safety through protective measures and deterring abuse through criminal penalties. It also analyzes the tension between protecting victims and safeguarding the rights of the accused, highlighting the challenges of implementation such as underreporting, systemic bias, and inconsistent enforcement. Through a comparative lens, the paper considers global approaches and alternative justice models that seek to balance accountability with rehabilitation. Ultimately, the study argues that while domestic violence laws must punish abusive behaviour, a more effective and humane legal response also requires strong protective frameworks and victim-centred support systems. Recommendations for policy reform are proposed to better align legal action with the complex realities of domestic abuse. Whether domestic violence laws are more focused on protecting victims or punishing offenders. It looks at how these laws have developed over time and the ways they try to keep victims safe, such as through restraining orders and support services. It also discusses how legal systems punish abusers and whether those punishments help stop the violence. The paper highlights challenges like underreporting, unequal enforcement, and the balance between justice and support. It also compares how different countries handle domestic violence. In the end, the paper suggests that a balanced approach combining protection with fair punishment can better help both victims and society.
INTRODUCTION
Domestic violence is a serious and widespread issue that affects individuals and families across all regions, cultures, and social classes. It includes physical, emotional, sexual, and psychological abuse, often occurring within intimate or family relationships. In response, governments have developed laws aimed at addressing domestic violence, but the nature and purpose of these laws continue to spark debate. Are they designed mainly to protect the victims and prevent future harm, or do they focus more on punishing offenders to deter further abuse?
The dual role of domestic violence laws protection and punishment and how these approaches impact both victims and perpetrators. It explores the history and evolution of such laws, the balance between safeguarding individual rights and enforcing justice, and the real-world challenges in applying these legal measures. By analysing national and international practices, this article seeks to offer a clearer understanding of whether current domestic violence laws strike the right balance, and how they might be improved to ensure safety, justice, and long-term change.
Domestic violence, often hidden behind closed doors, is one of the most pervasive human rights violations worldwide. It includes a range of abusive behaviours physical, emotional, sexual, psychological, and economic used by one person to gain power and control over another in a domestic setting. While awareness of domestic violence has grown significantly over the past few decades, the legal and social responses to it vary widely across different countries and cultures.
In many legal systems, domestic violence laws have evolved to offer both protection to victims and punishment to perpetrators. Protective measures such as restraining orders, emergency shelters, and legal aid are intended to provide immediate safety and long-term support for survivors. At the same time, punitive actions such as arrest, prosecution, fines, and imprisonment are used to hold abusers accountable and deter future incidents.
HISTORICAL CONTEXT
For much of history, domestic violence was considered a private family matter rather than a legal issue. In many societies, men were seen as the heads of households with the right to discipline their wives and children, even though violence. Legal systems either ignored domestic abuse or explicitly permitted it. For example, in 19th-century England and the United States, laws often failed to recognize spousal abuse as a crime, and police or courts were reluctant to intervene in "domestic disputes."
The modern legal response to domestic violence began to shift in the mid-to-late 20th century, largely due to activism by feminist movements and human rights advocates. These groups worked to bring domestic violence into the public spotlight, demanding that it be treated not as a personal issue but as a serious social and criminal concern. In the 1970s and 1980s, countries like the United States, Canada, and parts of Europe began enacting laws specifically addressing domestic abuse, including the establishment of shelters, hotlines, and protection orders.
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