The Dark Side of Family Law: Domestic Violence and Making the Personal Political

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The slogan “the personal is political” began with the second-wave feminist movement and was popularized by Carol Hanisch. It referred to the idea of ‘consciousness raising’, where women would gather together to discuss the problems within their homes and marriages in order to realize that these problems were universal. 

Whereas in the 1960s, the phrase was designed to draw attention to issues within the nuclear family, such as access to contraceptives and marital rape, today the phrase can also be used in relation to the issues surrounding domestic violence.

Domestic violence is a disturbingly common issue in Canada. According to Statistics Canada, in 2017 intimate partner violence, which is violence between spouses, represented “one-third (30%) of all police-reported violent crime in Canada.” Of course, intimate partner violence is not the only kind of domestic violence. Violence against children and youth, as well as against seniors, is equally as appalling. Statistics Canada contends that 1/3 of seniors who are victims of violence were victimized by a family member. Additionally, of the children who were victimized by violence, 33% were victimized by a family member, and 18% were victimized by a stranger. 

What happens within our homes needs to become politicized if we want to bring about positive changes to issues relating to domestic violence. As important as it is for there to be a sense of comradery among survivors, making the personal happenings that take place in the private sphere a political issue through ‘consciousness raising’ is the only way to ensure that domestic violence becomes a topic discussed more often. This could help raise the necessary funding to help survivors get out of bad situations, heal, and recover. 

Domestic violence is not at the top of anyone’s agenda. It is a topic that requires a lot of financial resources. Centres that people can escape to when they need a counsellor to confide in and services that help people rebuild their lives are essential in helping survivors move forward.

Moreover, the justice system needs to evolve to deal with this issue. While there has been some progress, such as not requiring mediations in disputes where it has been alleged that domestic violence is an issue, we must continue to move forward. Imagine how difficult it would be as a victimized partner that had to stare down your violent partner in a lengthy separation or custody battle. Imagine how difficult it would be as a victimized partner to have to retell your story of violence to the police, prosecutors, in court to a judge or jury, and then be cross-examined on its truthfulness and have your credibility attacked while your abuser sits in the courtroom.  

Domestic violence is a problem which permeates the civil and criminal realm of justice and there is no simple solution. The most we can ask for is for policymakers to keep domestic violence on their minds as they create laws, but in order for it to be deemed a ‘hot topic’, the national consciousness must be raised, thus turning a personal matter into a political matter once more.

About the author

Breanna LeBlanc
By Breanna LeBlanc

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