Battered Women and the Law

This book takes as its operating premise that violence against women is prevalent throughout the world, that intimate violence is an important aspect of the broader problem of violence against women, and that the legal system has a crucial part to play in combating all forms of violence against women.

Preface

v

Acknowledgments

vii

Table of Cases

xxxix

PART ONE. An Introduction to Abuse

4

(235)

Domestic Violence in Historical and Social Context

5

(49)

A Contemporary Picture of Domestic Violence

5

(3)

The Social Response To Battering: A Historical Perspective

8

(23)

Recent History

31

(23)

The Dynamics of Abusive Relationships

54

(78)

Abusive Behaviors

56

(18)

The Batterer

74

(20)

Women as Victims of Abuse

94

(13)

The Impact of Abuse

107

(15)

Women's Violence Towards Men

122

(10)

Dimensions of the Battering Experience

132

(76)

Introduction

132

(2)

Battering in Same-Sex Relationships

134

(18)

Race, Culture and the Experience of Abuse

152

(25)

Battered Women and Poverty

177

(23)

Individuals with Disabilities as Victims of Domestic Violence

200

(8)

Legal Characterizations of Battered Women and Their Experiences

208

(31)

PART TWO. Battered Women as Mothers

239

(258)

The Children of Battered Women and Battered Women as Mothers

240

(36)

Introduction

240

(2)

The Connection Between Partner Abuse and Child Abuse

242

(8)

The Impact on Children of Exposure to Partner Violence

250

(16)

Parenting by Battered Women

266

(10)

The Child Welfare System and Criminal Prosecutions for Failure to Protect

276

(59)

Introduction

276

(2)

The Workings of the Child Welfare System

278

(7)

How the System Works Against Battered Women

285

(14)

Traditional Tensions and New Collaborations

299

(5)

Prosecuting Battered Mothers for Failure to Protect

304

(31)

The Family Law System

335

(162)

Introduction

335

(14)

Custody

349

(43)

Visitation

392

(23)

Mediation in the Context of Abuse

415

(25)

The Role of the Guardian ad Litem in Cases Involving Domestic Violence

440

(13)

Parent Education at Divorce

453

(14)

Relocation

467

(30)

PART THREE. Holding Batterers Accountable

497

(218)

The Civil Protective or Restraining Order System

498

(66)

Introduction

498

(4)

Scope of Protection

502

(16)

Issues of Process

518

(19)

Enforcement

537

(20)

Efficacy

557

(7)

The Criminal Justice System

564

(151)

It's a Crime

564

(22)

Police

586

(25)

Prosecution

611

(30)

Sentencing

641

(24)

Stalking and Domestic Violence

665

(28)

Domestic Violence as a Federal Crime

693

(22)

PART FOUR. Self Defense and Beyond: Battered Women as Criminal Defendants

715

(90)

Defenses Available to Battered Women Defendants

716

(89)

Women's Self-Defense Claims: Gender Bias and the Role of Expert Testimony

717

(56)

Beyond Self-Defense: Further Uses for Expert Testimony on Behalf of Battered Women

773

(20)

Post-Conviction Relief and Clemency

793

(12)

PART FIVE. Newer Legal Frameworks

805

(256)

Domestic Violence and the Law of Torts

806

(74)

Interspousal Tort Immunity

807

(9)

Existing Causes of Action

816

(29)

Statutes of Limitation and Tolling

845

(22)

The Relationship Between Tort Actions and Divorce Proceedings

867

(13)

Third Party Liability for Abuse

880

(63)

When Law Enforcement Fails to Protect

881

(29)

Domestic Violence at the Workplace

910

(33)

Domestic Violence as a Violation of Women's Civil Rights

943

(49)

Violence, Equality and Citizenship

945

(8)

The Civil Rights Remedy Created by the Violence Against Women Act of 1994

953

(37)

Conclusion

990

(2)

Domestic Violence as a Violation of International Human Rights

992

(69)

Domestic Violence as a Violation of International Human Rights

993

(15)

International Human Rights Documents and Reports on Domestic Violence

1008

(26)

Linking the International to the Domestic

1034

(3)

Asylum

1037

(24)

PART SIX. Conclusion

1061

(62)

Doing the Work

1062

(61)

Representing Battered Clients

1063

(29)

Legal Advocacy: A Changed and Changing Landscape

1092

(31)

Index

1123

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Battered Women and the Law

Summary

Table of Contents

Supplemental Materials