NCJ Number
170748
Journal
Judges' Journal Volume: 35 Issue: 3 Dated: (Summer 1996) Pages: 32-35
Date Published
1996
Length
4 pages
Annotation
This article offers practical suggestions to help judges give domestic violence victims adequate attention despite high case volumes.
Abstract
Battered women are frequently treated as though they are responsible for causing violence. By accepting offender justifications and denials, legal, criminal justice, social service, and medical professions perpetuate violence. Judges should accept the fact that women may have been subjected to prolonged physical and psychological abuse. They should also realize the battered woman's choice of remedy varies, based on how long she has suffered, how serious the violence or psychological terror has become, types of help she has sought previously, the outcome of attempts to obtain safety, and the impact of violence on children. In addition, judges should recognize abused women have competing social, economic, and emotional pressures to balance as they decide how to protect themselves and their children. Judges should set limits during the first contact with violent defendants. If the complainant refuses to cooperate or wants to withdraw the petition, judges should inquire into possible pressures from the defendant or family members. When domestic violence cases proceed to trial, judges may use their expansive role permitted in nonjury trials. In any case involving custody and visitation issues, the child should have legal representation. Because domestic violence victims appear in every court, judges should be alert to litigants inhibited by fear and abuse. The use of standard provisions in temporary and final protection orders gives police officers familiar directions and facilitates the speedy preparation of orders for judges who sit in high-volume arraignment courts. Negative consequences of mutual protection orders are noted. 2 footnotes