NCJ Number
188134
Date Published
2001
Length
1179 pages
Annotation
Drawing on materials developed for courses taught by the authors, this casebook on battered women and the law examines violence against women in intimate relationships and the ways in which this violence shapes law and is shaped by the law.
Abstract
Part I examines the history of domestic violence as a legal and social problem; the dynamics of abusive relationships; and how the experience of abuse is shaped by the race, cultural identity, sexual orientation, economic status, and physical and mental health status of both abuser and abused. This part also introduces the reader to the ways in which battered women have been depicted in legal contexts. Part II explores the ways in which battering affects children, as well as how the child welfare system, criminal justice system, and family law system affect the relationships between battered mothers and their children. Part III examines the primary legal remedies that have been developed to impose responsibility on batterers and keep battered women safe, i.e., the civil protective order and criminal prosecutions. Part IV looks first at battered women's self-defense claims, the area of law for which battered-women's-syndrome testimony was first developed, and in which courts first wrestled with the nature of battering relationships. This part also includes other issues specific to battered women as criminal defendants. Part V focuses on domestic violence as a basis for tort claims, the potential third-party liability of police and employers, civil rights claims, and claims based on violations of international human rights. Part VI concludes the book with a look at the unique challenges involved in advocacy on behalf of battered women, as well as at cutting edge approaches to combating domestic violence, both within and outside the legal system. 121 references and a subject index