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Georgia Criminal Law Review

Document Type

Notes

Abstract

When the COVID-19 virus brought the pandemic to the United States in March of 2020, the legal system was not prepared for the increase in domestic and intimate partner violence that would follow. The United Nations (UN) later identified this social phenomenon as a second pandemic, a “shadow pandemic” that resulted from an increase in stay-at-home orders and a decrease in support services for victims. By the end of 2021, forty-five percent of women globally reported either they themselves or a woman they know had experienced some form of domestic or intimate partner violence since the emergence of COVID-19. One in two women experienced or knew someone who experienced domestic or intimate partner violence during the pandemic, most commonly with women between the ages of eighteen and forty-nine. Stressors, such as financial struggles, unemployment, and lack of access to food, intensified conflicts within the home, causing women to feel less safe while stay-at-home orders were in place. The United States alone saw an 8.1% spike in domestic violence after stay-at-home orders were implemented. Although the early research had not yet determined what the driving force behind the increase was, it was clear that the “cocktail” of COVID-19, forced isolation, and stress from the pandemic created an unstable environment for those exposed to domestic and intimate partner violence. As such, properly funded and staffed domestic violence shelters and survivor support services were critical to ensuring the safety of victims of domestic and intimate partner violence once the pandemic reached the United States. In response, many areas implemented new protocols aimed at providing assistance to individuals suffering from domestic violence. Support services for domestic violence and intimate partner violence victims consistently reported that they were not adequately funded to meet the needs of victims during the pandemic. Either services could not get the technology necessary to make services accessible to everyone or they did not have the funds to hire enough staff to help victims navigate the technology. While the CARES Act granted limited funds, Congress ignored calls to provide funding under the Violence Against Women Act. However, steps taken by victims’ services organizations still effectively assisted those suffering from domestic and intimate partner violence despite Congress’ lack of funding, particularly at the CJFJC in Tacoma, Washington. This Note will examine domestic violence and family violence intervention law prior to the COVID-19 pandemic and the changes it underwent following the implementation of stay-at-home orders in the United States. Moreover, this Note will advocate for a multi-step solution to enhance Georgia victims’ services in three parts. First, Congress should provide additional funding for domestic violence and intimate partner violence intervention programs under the Violence Against Women Act. Second, Georgia should use those funds to implement a similar system to the CJFJC’s model, which would align with principles already set forth by the Atlanta Forum. Lastly, Georgia should adopt a no-questions-asked protocol of aiding victims of domestic and intimate partner violence that incorporates a multi-field perspective.

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