Widener Law From the SelectedWorks of Dana Harrington Conner January 2014 Financial Freedom: Women, Money, and Domestic Abuse Contact Start Your Own Notify Me Author SelectedWorks of New Work Available at: http://works.com/dana_harrington_conner/9 FINANCIAL FREEDOM: WOMEN, MONEY, AND DOMESTIC ABUSE DANA HARRINGTON CONNER* INTRODUCTION I. A HISTORY OF INEQUALITY II. THE ECONOMICS OF INTIMATE PARTNER VIOLENCE: THE POWER TO CONTROL A. Destruction of Social Capital III.
CIVIL PROTECTIVE ORDERS (CPO) A. Defining Abuse & Protected Class Members B. ON THE ROAD TO FINANCIAL SECURITY: AREAS OF CONCENTRATION A. Batterer Mandated Support B.
Wage & Labor Parity C. Social Welfare CONCLUSION INTRODUCTION And yet the same question, “Why doesn’t she leave him?” or its obverse, “Why does she stay?” continues to gnaw at the moorings of the domestic violence revolution. The durability of abusive relationships remains their central paradox .1 * Associate Professor of Law and Director of the Delaware Civil Law Clinic, Widener University School of Law. The author has nineteen years of experience representing bat- tered women seeking civil protection orders and custody of their children.
I thank my colleagues at Widener University School of Law, in particular Alicia Kelly, for providing feedback and guidance on this Article at the Faculty Workshop: Works in Progress held at Widener University School of Law (Feb. I would also like to thank the staff of the William & Mary Journal of Women and the Law. See EVAN STARK, COERCIVE CONTROL: THE ENTRAPMENT OF WOMEN IN PERSONAL LIFE 113 (2007). Evan Stark and other advocates dedicated to ending abuse know all too well that these questions are based on incorrect assumptions about women who experience 339 340 WILLIAM & MARY JOURNAL OF WOMEN AND THE LAW [Vol.
20:339 This Article examines the connections between gender,2 violence, and money. Financial impediments, in particular, play a major role in restricting the freedoms enjoyed by women who are abused by their intimate partners.3 Economics has both an empowering and disem- powering influence on abusive relationships.4 While a batterer is empowered by his partner’s financial dependence, the autonomy of a woman who is victimized is diminished by her abuser’s ability to control her through financial means.5 Moreover, financial instability is one of the greatest reasons why, after gaining freedom, a woman who experiences battering has limited choices and may ultimately acquiesce to her partner’s attempts to reconcile.6 Economic instability is a link that binds a woman to her abuser.7 Regardless of the interveners in her case—law enforcement, family, intimate partner violence. As Stark explains, “[i]t is the [batterers] who stay, not their partners. The focus of this Article is on female survivors of intimate partner violence, not male victims.
The author will refer to survivors of domestic violence with the use of female personal pronouns for several reasons. First, this Article considers the influence both gender and economics have on intimate partner violence. Second, although intimate partner violence is not exclusively a crime against women, women constitute a significant percentage of those individuals experiencing intimate partner violence. According to the Bureau of Justice Statistics, “[f]emales are more likely than males to experience nonfatal intimate partner violence.” See Intimate Partner Violence in the U.: Victim Character- istics, BUREAU OF JUST.gov/content/intimate/victims.cfm (last visited Jan.
The use, meaning, and influence of the phrases “women who are abused” or “women who experience domestic abuse” as compared with the term “battered woman” demands consideration. According to Elizabeth Schneider, the term “battered woman” has a restrictive meaning—a meaning that defines a women exclusively in terms of her battering experience. It also suggests that the term carries a negative connotation from which an indi- vidual woman may wish to distance herself. Compare the static term “battered woman” with the phrase “woman who has be sexually harassed” or even “woman who has been raped.” These terms describe a woman who has been subjected to an external harm: they focus on the problem of the harm—sexual harassment or rape—and leave the woman intact.
In contrast, “battered woman” does not capture the range and complexity of a woman’s experiences beyond the facts of abuse. The term makes her the problem, not her experiences. SCHNEIDER, BATTERED WOMEN & FEMINIST LAWMAKING 61 (2000). Economic Abuse, NAT’L COALITION AGAINST DOMESTIC VIOLENCE, http://www.org/projects/userfiles/File/DCE-STOP_NOW/NCADV_Economic_Abuse_Fact_Sheet.pdf (last visited Jan.
For survivors of intimate partner violence, there are a number of barriers that dra- matically decrease the likelihood of liberation from the cycle of abuse. Domestic Violence and Barriers to Leaving, CITY OF RENTON, http://rentonwa.gov/living/default.aspx?id=1582 (last visited Jan. These factors include, but are not limited to, the risk of harm, social factors, law enforcement response, system response, homelessness, economic depen- dence, and poverty. See infra Part II.
2014] FINANCIAL FREEDOM 341 or friends—as long as she remains financially dependent upon her abuser it is exceedingly difficult for a woman who experiences inti- mate partner violence to put a stop to the batterer’s control over her. Arrest of the perpetrator, incarceration for a period of time, entry of a criminal no-contact order, or the provision of a civil protection order are all appropriate responses to intimate partner violence. Yet, with- out ensuring that a survivor of domestic violence has food security, housing stability, healthcare, childcare, adequate transportation, as well as reasonable assurances of continuing resources or a guarantee of enforcement of any court ordered relief, a batterer will continue to maintain his power to abuse and control. Economic independence can provide freedom from abuse.
Yet, when it comes to economic independence, gender matters. Given the historical experience of women in the labor force and contemporary social factors, many women today continue to be financially depen- dent on their partners, women in abusive relationships in partic- ular. Financial inequality is central to the female experience; it has shaped her role within the marital relationship, diminished her au- tonomy, influenced her place within the labor force, and nurtured her oppression. Early on, marriage and childbirth played a fundamental role in the extent to which women participated in the labor force.8 Yet even today, marriage and children continue to negatively influence the extent to which women engage in work for pay.
A woman’s absence from the labor force results in diminished economic power within the intimate relationship, as well as society generally. Inequality results in reduced options for women which in turn places them at risk for maltreatment. Not surprisingly, much of modern day eco- nomic instability of women derives from our past. Part I of this Article explores the history of women, money, and oppression, pro- viding a framework for understanding the barriers women have faced over time and verifying the ways in which access to fundamen- tal resources and a promise of economic equality play a vital role in the fight against intimate partner violence.
In Part II the connections between intimate partner violence, capital, and power are considered. The exploration of batterer tar- geting, entrapment, and economic abuse indicates that access to re- sources and safety are closely tied. Civil protection orders were created to provide an alternative to criminal prosecution, as well as to address the distinct needs of women who are abused by their intimate partners. These civil orders were 8.
See infra Part I. 342 WILLIAM & MARY JOURNAL OF WOMEN AND THE LAW [Vol. 20:339 formulated to both protect survivors of domestic violence and provide the resources necessary to ensure freedom from abuse. The civil pro- tection model, however, is not without its limitations.
These insuffi- ciencies, as they relate to the financial instability of survivors, are considered in depth in Part III of the Article. The reason for women’s increased risk of poverty at the time of separation is multifaceted. Women generally are vulnerable to poverty due to social welfare policy, wage inequality, gender discrimination, diminished access to capital, and a history of inequality. Additionally, our legal system’s failure to respond adequately to crimes committed against women, in particular, and to provide the relief necessary to protect them from male exploitation has placed women who are abused at even greater risk of both poverty and violence.
Not only do women who experience battering face gender dis- crimination, job sex-typing, and wage gaps within the labor force, they also experience a multitude of employment-related problems created by their batterers. Perpetrators of intimate partner violence tend to be ultra-controlling. A batterer may restrict his partner’s ac- cess to resources, exploit or destroy her property, or diminish her ability to build social capital.9 Yet, labor and wage parity alone will not solve the problem. Our government must step in and make available the resources neces- sary to guarantee stability and safety for women and their children.
Moreover, holding batterers accountable for both their actions and responsibilities plays an important role in solving this crisis. A HISTORY OF INEQUALITY The key to understanding woman’s present and future economic position in the capitalist word lies in history. For history is not simply the compila- tion of facts, but, at its best, the discovery of the gen- eral principles and process that have given rise to these concrete experiences; not simply the study of the past, but the study of the creation of the present and future.10 A consideration of the history of the marital relationship and gender based division of labor is critical to understanding the ways in which money and power within that marital relationship influence 9. See infra Part II.
MATTHAEI, AN ECONOMIC HISTORY OF WOMEN IN AMERICA 3 (Harvester Press 1982). 2014] FINANCIAL FREEDOM 343 male violence against women, as well as the economic challenges women continue to face today.11 The colonial period signifies the long-term struggle for women in America both for financial independence and freedom from male oppression.12 It is the historic oppression of women through physical and sexual abuse which paved the way for male economic dominance over women.13 Male violence against women, the economic dependence of females on males, and the legal and social justifications for male dominance are so closely linked that it is difficult to consider one without addressing the others. It is clear that there is a strong connection between the eco- nomic struggles women experienced in early America and the status of women within the marital relationship.14 Marriage gave a man power over his wife.15 Marriage provided a man with the power to control the property and finances of his wife, as well as her sexual activities, social status, and liberty.16 In early American history a woman was not permitted to own property and was, in fact, the property of the men in her life; first her father or brother, later her husband.17 A colonial man was per- mitted to “chastise” his wife through corporal punishment.18 The husband controlled a woman’s experiences with and in connection to the local economy.19 He was the decision-maker, holding all the 11. See STARK, supra note 1, at 113 (“[S]exual inequalities remain deeply embedded in economic and personal life in the United States and other highly industrialized societies.
MATTHAEI, supra note 10, at 36. See MIMI ABRAMOVITZ, REGULATING THE LIVES OF WOMEN 54 (1982) (“Colonial so- ciety expected married women to be subordinate to their husbands who by law and custom controlled women’s labor and access to economic resources. Abramovitz details the legal and social consequences of marriage on women: English Common Law, the basis of much American Law, caused married women to suffer “civil death” by holding that in “marriage, the husband and wife are one person in law; that is, the very being or legal existence of the woman is suspended during the marriage. A married woman’s inheritance, property, income, and even her clothing belonged to her husband, who could sell her possessions without her consent.
She could not buy or sell, make contracts, sue in court, or be sued without her husband’s permission. Married women could not even claim their children in cases of legal separation.; see also Carole Shammas, Re-Assessing the Married Women’s Property Acts, 6 J. Some English common laws, such as the “rule of thumb,” were adopted by the colonists.