The Law and Social Work

This study material explores the intersection of law and social work, focusing on topics such as domestic violence, socio-ecological models, feminist assessment, and safety plans. It provides a comprehensive understanding of the subject and offers valuable insights for students and professionals in the field. The content covers various aspects of the topic, including assessment models, risk factors, protective factors, and legal actions. It also emphasizes the importance of addressing gender and power dynamics in the context of domestic violence. The study material is suitable for students studying law and social work, as well as professionals working in related fields.

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THE LAW AND SOCIAL WORK
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THE LAW AND SOCIAL WORK
Domestic violence is a vice which falls under the violation of human rights. As a
hospital social worker who is paged to the emergency department of the hospital, and having
heard Elisabeth’s case, I would take my time to handle the case in a critical manner, knowing
very well that failure to so may make her reluctant to seek support again and she will
therefore remain at the risk of harm. The proper handling of the case will ensure that there are
high chances of her rebuilding her life and ensuring she is safe compared to how she was
initially before making the effort of seeking for help.
Firstly, I have to believe her and take her experiences in the serious manner that they
deserve. I will also assure her that her rights and safety will be upheld. I will also assure her
that she will not face any prejudice for her bold steps or even if she made the decision of
going back to her husband. She will be additionally assured of maximum access to the
resources and support she may require.
Assessment of the Appropriate Socio-Ecological Model
Vic Health 2007 model is a socio-ecological systems model which involves
tertiary prevention or intervention which takes effect where violence has occurred and
involves support, advocacy, crisis and counselling services for women and their children
affected by violence or to men who use violence, behaviour change programs for perpetrators
and criminal and civil justice responses such family violence intervention orders (Western
2018). This model provides a framework which is designed for the provision of a support
base which has sound theoretical as well as evidence for the government, community
activities and the corporate sector for the prevention of violence against women.

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Tertiary prevention is the public health approach level which best suits
Elisabeth’s case. This is because of several qualifying factors. Firstly, violence has occurred
in Geoffrey’s and Elisabeth’s home as Geoffrey has recently become physically violent to
Elisabeth and pushes her out of the way whenever he passes. Geoffrey has gone ahead to
show that that is not enough by accusing his wife of their financial positions. Their two
daughters also left their home while they were still teenagers and cannot presently bring their
kids to their grandparents because they deem the home as one out of control and therefore not
conducive at all.
Tertiary prevention involves implementation of intervention strategies after violence
has occurred. The intervention aims at dealing with the violence and preventing its
consequences such as health and mental complications or problems and also to ensure there is
no repeat or escalation of the same. The measures taken at this level include socially
supporting the victims, accommodation of the crisis and interventions of therapeutic nature
for perpetrators.
There are actual and potential risk factors which may lead to the perpetration of
family violence in a social setting. In Elisabeth’s case, there may be a number of such factors.
Firstly, there is the factor of depression. Depression has been a major risk factor as most
cases of murder and/or suicide have been linked with the perpetrator’s mental health
problems or depression. The Vic health 2007 theory helps in dealing with such a risk factor
whereby it provides for intervention where the perpetrator is resolving to violence as a result
of depression. Health experts may intervene to see if they can remedy the perpetrator’s health
condition. Geoffrey, Elisabeth’s husband, does not have the willingness and conviction to sell
his suburban piece of land to the estate developers. He has sold several of their cattle as well
and is therefore depressed with his current situation. This triggers him to be violent at home
and he gets physically violent on his wife and the pets. It is this depression that changed his

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moods and made his daughters leave their home when they were still in their teens as they
said that their father’s moods were out of control.
There is also the risk factor of the perpetrator having previously harmed the victim
before and it is therefore likely that the same will repeat itself or even worse case scenario.
Continued abuse which includes physical abuse has been predicted to be contributed by
emotional and psychological abuse. This also includes causing harm to pets or other animals
as there has been an increased recognition of a correlation between family violence and
cruelty to animals. The Vic health model chips in to provide protection of the victims from
potential abuse and injury by the perpetrators. This has been witnessed in Geoffrey’s actions
of Elisabeth out of the way and kicking the pets.
Escalation is another risk factor where the severity or frequency of the abuse by the
perpetrator increases, thus exposing the victim to lethal outcomes. This could be the case for
Elisabeth and she therefore has to take precautionary measures. Controlling behaviours by the
perpetrator can also be another risk factor and this mostly applies to men who view
themselves as the ones who should be in charge. This ego drives them to apply a variety of
forms of violence at the expense of their partners. This behaviour was seen in Geoffrey when
he told Elisabeth that she should change her ‘poor housekeeping’. The Vic health 2007 model
may be used to intervene in case of the escalation of the abusive acts of the perpetrator by
providing mechanisms of preventing or curbing of such violent escalation against the victim.
This may include taking a cause of action against the perpetrator.
Among the protective factors to be considered in Elisabeth’s case would be family
violence services which include emergency accommodation, outreaching the victims
immediate violence environments, and also provision of community education against family
violence. Both Elisabeth and Geoffrey are likely to benefit from these services.

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Protective factors against violence on victims of family violence provide a barrier
against the risks. They are perceived as characteristics, influences and conditions which are
likely to reduce the perpetration or one being a victim of violence. The protective factors are
also reflected in the Vic health 2007 model as this model provides for the prevention of
family violence or the intervention when such violence occurs. Some of the protective factors
that may be available and practicable for Elisabeth are economic autonomy so that her
husband will stop complaining about their falling financial position and considering some
business venture if she is still strong enough. She may also seek for quality response services
from skilled and well trained personnel. She may also get help from support groups to help
her shy away from the physical altercations with Geoffrey.
Feminist Assessment of Family Violence
Feminist scholars argue that domestic violence is rooted in gender and power and
represents men’s active attempts to maintain dominance and control over women (Anderson
1997, 655-669). She asserts that incompatibility in educational status and income are
differentially associated with the domestic violence that is perpetrated by women and men.
Domestic violence is seen to be characterized to substantial controversy, particularly around
issues of gender (Gelles 1993). Feminist sociologists contend that issues of gender and power
are the ultimate root of intimate violence and that this violence is part of a system of coercive
controls through which men maintain societal dominance over women (Dobash, R. 1979).
Although men are more likely to be victims of violent crime overall, intimate partner
violence is primary a crime against women (Rennison, C. 1999). This report goes ahead to
say that it is men who commit most domestic assaults. Feminist analysis underscores the
numerous ways in which patriarchal gender norms and “hegemonic masculinities” (Connell
1987)- normative ideas that define and reinforce certain men’s dominance, privilege and

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power- serve to produce gender hierarchies and validate men’s use of violence against
women. Accordingly, gender inequality is understood as a root cause of violence against
women that must be centrally addressed in prevention programming (Jewkes et al. 2002)
Elisabeth has experienced domestic violence with her husband Geoffrey being the
perpetrator. Geoffrey physically pushes her out of the way and tries to show his superiority
and dominance over his wife by trivialising her roles in their marriage. It is also clear that Mr.
Geoffrey is stressed and depressed as a result of losing his suburban-rural divide piece of land
and especially after he has sold several of his cattle which he previously owned. It is the
depression from which he is hurting, and therefore, using his male dominance and power,
including physical violence, he starts shifting the blame of the problems facing them to his
wife to try and see if it might make him feel better, to no avail. He does not even take time to
contemplate that at such times, it is his wife who may provide the solace, companionship and
ideas on how they may overcome the challenges they are facing.
However, this feminist assessment shows clearly that feminism exists for sure. It may
be true that a woman has been a victim of domestic violence. Nevertheless, a man may be a
victim as well, and not just the perpetrator by default. It is also normal to have confrontations
in marriages and this happens all times as couples cannot always be happy in their days
together. This therefore means that all facts should be looked at in order to avoid biasness or
discrimination. In Elisabeth’s case for example, it could be possible that what she was told by
her son, Byron is true. This, he says, is to the effect that she always whined and should
instead take her time and change her behaviour. This shows that her husband, Geoffrey might
not be the one entirely at fault.
Safety Plan

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A safety plan refers to a strategic, personalized and practical plan which includes
ways of remaining safe when someone is still in a relationship plans to leave or after they
leave. Such a plan entails how one would cope with their emotions; share their situations with
family and friends, opt for legal actions and more.
In Elisabeth’s case, we are going to look at a safety plan to be applied while in a
relationship. This is for the obvious reason that both Elisabeth and her husband Geoffrey are
now two aged individuals, at 55 and 63 years respectively, and it would be for the best of
interest if they spent the rest of their lives together, even this involved applying a few
precautionary measures. The initial stages of this kind of safety plan would be to identify the
level of force that the partner uses so as to assess risk of physical or bodily harm. Safe areas
in the house should also be identified where there are no weapons but there are ways of
escaping in case an argument erupts.
In the scenario that violence is not avoidable; the victim should make him/herself a
small target. This would entail measures such as curling themselves up and protecting their
face by putting their arms around both sides of their head. The victim should also always
have a constant access to their phones and have the numbers to contact for help in case of any
danger. The victim should also possibly know the location of a public phone and have a
contact of their local shelter. In case grievous danger, the victim should not hesitate to call the
police for help (NDOC 1998).
Moreover, the victim should share their situations with their close friends and
neighbours and come up with a plan including visual signal to use in case they need their
help. The victim should also practise on ways of getting out safely. They should also keep
weapons like knives and guns away where they are not easily accessible. The victim should
form a habit of car backing into the driveway where the car should be kept fuelled and the

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driver’s door kept unlocked while locking the rest of the doors for an easier escape. They
should also avoid wearing long jewellery or scarves as these may be used against them for
their own strangulation by the perpetrator. Last but not least, the victim should have several
convincing reasons for them to leave the house at varying times in the course of the day and
night.
It is important to explore all the available and possible measures in a safety plan
because, as they say, you never know what may happen. This is especially for someone like
Elisabeth who will continue to live with someone, who although is her husband, has
previously verbally and physically abused her. Their continued living together may mean that
this abuse is likely to repeat itself, if not to escalate. It is therefore very important to explore
all the available measures, whether trivial or extreme. This is because prevention is better
than cure.
In terms of legal action, Elisabeth has several options that she may enjoy in her case.
Such actions may prove useful in ensuring one’s safety from an abusive partner. Such actions
include protective or restraining orders. These can protect the victim immediately by keeping
their abusive partner legally far from reaching them physically. The abuser cannot come near
them, harm or harass them, or their children or members of their family. Such orders contain
legal provisions that relate to finance, custody and many more in case the abuser violates the
given order.
Even though a protective order may help in stopping physical abuse, it cannot stop
psychological abuse by the perpetrator. This means that the victim would have to come up
with a safety plan in addition to the protective order. The victim should have the restraining
or protective order with them all the time and give copies of the same to their children and
any other relative or close friend as the victim would deem sensible and for their own benefit

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and safety. There are several locations for applying for protective orders which include
women’s shelters, courthouses, voluntary legal service offices and police stations which
provide such services as not all do. Other legal actions include charging the abusive partner
with aggravated assault, harassment, criminal assault and many more.
All these would be options available to Elisabeth to help her with her situation back at
home. However, it should be noted that the discretion is on her to choose an option or options
which she will deem most suitable to her back at home. Moreover, if Elisabeth puts into
consideration all the circumstances of her home life with her husband, Geoffrey, she may
consider ways of trying to help her husband manage his moods and depression. This way,
they may go back to be the happy family they once used to be and in the process, everything
would work just fine for them. She may also take seriously all the actual and potential risk
factors initially looked at as well as the protective factors available for her.
Conclusion
In conclusion, I would like to state that I feel there is a gap which I would not mind if my
marker addressed it. In the whole scenario of Elisabeth and her home, little attention was
given to her husband, Geoffrey. Not even a little attempt was made to address his pains and
depression as an old man. I do not support his abusiveness but I feel there was some biasness
against him.

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