NCJ Number
96912
Journal
Vermont Law Review Volume: 6 Issue: 2 Dated: (Fall 1981) Pages: vii-413
Editor(s)
K Moore,
S Kantor,
R Opel
Date Published
1981
Length
90 pages
Annotation
The five articles in Part 1 of a symposium each deal with different aspects of family violence in the 1980's, including its root causes, a lawyer's responsibilities toward a battered spouse client, and legal issues confronting child protective service agencies.
Abstract
An introductory presentation traces the rise in public awareness of family violence and responding legislation that occurred in the 1970's. It also summarizes the synposium's papers. The next paper advances the theory that domestic violence is rooted in structural violence that permeates American society and stems from economic and social inequities. This view holds that only the transformation of basic institutions in accordance with genuinely democratic values can prevent domestic violence. The next paper describes factors that any attorney planning to represent a battered wife must consider and reviews Vermont's law which improves abused spouses' access to legal remedies. Close cooperation between attorneys and a women's crisis center are highlighted to demonstrate an effective system to aid abused women. Another paper on legal liabilities facing child protective services, maintains that these agencies must lobby for legislative and regulatory reform to clarify or modify their legal responsibilities and more effectively use the legal talent at their disposal. The last paper focuses on the question of the proper relationship between the petitioner's counsel and the child protective service agency in a child abuse and neglect hearing. The author contends that this 'prosecuting' attorney's fundamental responsibility is to protect the child within the constraints of fairness and due process, even at the risk of conflict with the protective agency's interests. Footnotes accompany the papers. For separate papers, see NCJ-96913-17.