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Society > People > Women > Issues > Violence and Abuse > Domestic Violence > Legal Issues

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Is there a tilt toward abusers in child custody decisions?

Link to Abstract: Sachs, N. P. (2000). Journal of Psychohistory, 28(2), 203-227. This article discusses why abusers are often favored by personnel in the legal system during child custody disputes. The author proposes some new standards that would reform
http://fatherfamilylink.gse.upenn.edu/fatherlit/action.lasso?-database=full.fmp&-response=fullfmt.htm&-layout=database&-sortField=&-sortOrder=ascending&-op=bw&File%20Type=*&-op=bw&Pub%20Year=*&-op=bw&CrossRef=*&-op=bw&abstract=abuser%20custody&-maxRecords

Domestic Violence Home Page

The American Bar Association's web site for domestic violence issues. Information for attorneys and survivors. Contains information on protecting privacy for survivors during and after divorce.
http://www.abanet.org/domviol/home.html

Domestic Violence and the Courtroom

Understanding the Problem and knowing the Victim. The American Judges Foundation.
http://aja.ncsc.dni.us/domviol/booklet.html

Stalking Through The Courts

The father's rights movement - how to legally stalk, harass, and intimidate victims of domestic violence after a restraining order has been issued.
http://www.gate.net/~liz/liz/FRtactic.html

Visits in Cases Marked By Violence [Julie Kunce Field]

Legal methods for structuring supervised visitation when there has been violence in the family.
http://www.omsys.com/fivers/visits.htm

Waikato Law Review: Special Edition on Domestic Violence

Waikato Law Review: Volume 4, Special Edition 1996, Australia
http://www2.waikato.ac.nz/law/wlr/special_1996/

Domestic and Family Violence Resources

The Tribal Court Clearinghouse - Links and Information on Domestic and Family Violence fortribal court personnel, tribal law enforcement personnel, domestic violence victim service agency personnel, social services personnel, and others in handling domest
http://tribal-institute.org/lists/domestic.htm

FindLaw Citations for Shipp and Gates vs. McMahon et al.

Information on Tort claim by woman who asserts denial of equal protection on the part of law enforcement in domestic violence case in Louisiana.
http://laws.lp.findlaw.com/5th/9831317cv1.html

Battered Women and Their Children

Kathleen Waits, Houston Law Review, 1998, Symposium: Domestic Violence and the Health Care System - A personal story of one battered woman's experience in the family court system.
http://www.omsys.com/fivers/waits_houston.htm

Child Custody and Visitation Decisions in Domestic Violence Cases: Legal Trends, Research Findings, and Recommendations

Final Report of the Child Custody and Visitation Focus Group
http://www.vaw.umn.edu/Vawnet/custody.htm

Women's Law Initiative

In this website, you will find state-by-state domestic violence legal and procedural information.
http://www.womenslaw.org/
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Never Again Foundation

An agency claiming to provide free legal help to women who have been abused or sexually assaulted. No information is provided on officers or directors of this entity. Proceed with caution.
http://www.neveragainfoundation.org

Battered Women's Justice Project

The Battered Women's Justice Project (BWJP) is a collaborative effort of three nationally respected organizations that have pioneered innovative civil and criminal justice responses to domestic violence. Maintains resource library of materials related to
http://www.bwjp.org

Domestic Violence and the Provocation Defence

Arguments against the use of the "loss of control" or provocation defence. Published by Zero Tolerance Against Violence, Canada
http://www.zerotolerance.ca/3_domestic_violence.htm

Reforming Criminal Code Defences: Provocation, Self-Defence and The Defence of Property (Canada)

The defences of provocation, self-defence, and defence of property are frequently invoked in the context of crimes involving the use of force. Canada's laws for these defences have remained virtually unchanged for over a hundred years. Their application a
http://canada.justice.gc.ca/en/cons/rccd/index.html

Stop Excusing Violence Against Women - NAWL's Brief on Defence of Provocation

National Association of Women and the Law (Canada)
http://www.nawl.ca/provocation.htm

Domestic Violence Notepad: A listing of resources

Provides links to articles, legal help, resources to help victims of domestic violence.
http://www.womenlawyers.com/domestic.htm

Macias Case Expert Witness Declaration

Testimony in the wrongful-death suit of Macias vs. Sheriff Mark Ihde et al. Maria Teresa Macias was shot and killed by her estranged husband after repeated requests to enforce a restraining order were ignored by the Sonoma County, California, sheriff's de
http://www.justicewomen.com/witness.html

Domestic Violence Court Builds on Drug Court Model

Join Together Organization news article
http://www.jointogether.org:80/gv/wire/features/reader.jtml?Object_ID=259380

The NIJ Research Review: NCJ Number 184752

Test of the Efficacy of Court-Mandated Counseling for Domestic Violence Offenders: The Broward Experiment NCJ Number: 184752 Author: Lynette Feder ; David R. Forde Sponsor: National Institute of Justice US Dept of Justice
http://www.ncjrs.org/rr/vol1_5/15.html

National Alliance for Family Court Justice

The National Alliance For Family Court Justice, founded in 1993 by Elisabeth Richards of Annandale,Virginia, is an international group of volunteers dedicated to addressing system failure in the courts and social services resulting in retaliation against
http://www.nafcj.org/

Early Identification of Risk Factors for Parental Abduction OJJDP Publications - General Resources

Office of Juvenile Justice and Delinquency Prevention report in Adobe Acrobat (PDF) format.
http://www.ncjrs.org/pdffiles1/ojjdp/185026.pdf

How to Write a Letter to the Judge for Victims of Rape, Domestic Violence, and Child Abuse

Women's Justice Center
http://www.justicewomen.com/tips_write.html

Educating To End Domestic Violence

A Law School Report by the American Bar Association Commission on Domestic Violence. Produced with the support of the Office for Victims of Crime, U.S. Department of Justice
http://www.ojp.usdoj.gov/ovc/publications/infores/etedv/welcome.html

Sanctuary for Families - Legal Center

News and court opinions from an agency in New York State working for the rights of women an children in families where abuse occurs.
http://www.sanctuaryforfamilies.org/index15.htm

Domestic Violence Safety Plan

Safety tips for victims of domestic violence from the American Bar Association. Includes information in Spanish.
http://www.abanet.org/tips/dvsafety.html

Michigan vs. Kurr

Appeal granted to woman convicted of manslaughter on grounds of defense of others. Defendant was pregnant when she stabbed boyfriend who had assaulted her.
http://news.findlaw.com/hdocs/docs/abortion/mikurr10402opn.pdf

Opinion: Supreme Court, State of Iowa - Re: Issues of personal jurisdiction and forum non conveniens.

Nathan Bartsch, a nonresident of Iowa, appeared specially in an Iowa domestic-abuse case under Iowa Code chapter 236 (1999) to challenge the courtÕs personal jurisdiction over him. The court agreed it d
http://www.judicial.state.ia.us/supreme/opinions/20011115/00-0068.asp

Domestic Violence Organizations Online: Risks, Ethical Dilemmas, and Liability Issues

Violence Against Women Online Resources - University of Michigan
http://www.vaw.umn.edu/FinalDocuments/CommissionedDocs/online_liability.asp

US v. BUNNELL

Protection order and firearm possession case law.
http://laws.lp.findlaw.com/1st/011162.html

Helping With Domestic Violence: Legal Barriers to Serving Teens in Illinois

Center for Impact Research
http://www.impactresearch.org/documents/legalissuesreport.pdf

Domestic Violence Medical Records

An essay from the Harvard School on Public Health discussing the importance of medical records in domestic violence legal cases.
http://www.hsph.harvard.edu/ats/Aug11/

Innocent Spouse Tax Relief

Information from the IRS on help for spouses who have tax liability because of erroneous filing by a partner. Batterers may threaten to use legal issues such as tax liability against partners to keep them from leaving or requesting equitable child suppor
http://www.irs.gov/pub/irs-pdf/f12507.pdf

Increasing Your Safety: Full Fiath and Credit for Protection Orders

Developed and Distributed by National Center on Full Faith and Credit, Pennsylvania Coalition Against Domestic Violence. This guide is for you or someone you know who has a protection order and who may travel across state, territorial or tribal lines. I
http://www.vaw.umn.edu/FinalDocuments/survivorbrochure.asp

Brandt v. Brant - Michigan Court of Appeals

Decision upholding no contact order restricting parents' contact with children with order of protection in place.
http://courtofappeals.mijud.net/documents/opinions/final/coa/20020219_c225375(67)_53o.225375.opn.coa.pdf

Power Inequality and Dissociated Coercion in the Mediation of Interpersonal and Domestic Disputes: Recognition and Response

Article by Jennifer P. Maxwell, Ph.D., 1998
http://dept.kent.edu/cacm/pwr_ineq.htm

Domestic Violence - Mediation Policy in Domestic Violence

The American Bar Association recommends that court-mandated mediation include an opt-out prerogative in any action in which one party has perpetrated domestic violence upon the other party.
http://www.abanet.org/domviol/med_reccomend.html

The Battered Mothers' Testimony Project: A Human Rights Report on Child Custody & Domestic Violence in Massachusetts.

Published by the Women's Rights Network, Wellesley Centers for Women. A human rights report on child custody and domestic violence issues
http://www.wcwonline.org/wrn/batteredreport.html

New Mexico Judicial Education Center Domestic Violence Benchbook

Interactive learning tool for domestic violence, including he applicable requirements of state and federal laws and court cases. It provides information on the dynamics of domestic violence, explains the process governing orders of protection, describes h
http://jec.unm.edu/topics/dv.htm

Domestic and Family Violence: Criminal Justice Interventions

Paper by Robyn Holder which explores some of the contemporary debates and dilemmas in implementing criminal justice reform in the area of domestic violence. From the Australian Domestic and Family Violence Clearinghouse.
http://www.austdvclearinghouse.unsw.edu.au/PDF%20files/issuespaper3.pdf

Help for Victims of Crime - Victims' Rights

Help for victims of crime from the Office of Victims of Crime in the Bureau of Justice. Numerous resources on the state and federal level.
http://www.ojp.usdoj.gov/ovc/help/cvr.htm

Legal Services Online-Main Menu Page

Interactive site walks clients through the procedures for obtaining an order of protection in Georgia courts.
http://www.fcny.org/gadvdemo/main.htm

Online Domestic Violence Protection-New York

Self-directed system for obtaining order of protection in New York
http://www.fcny.org/nydv/docs/main.htm

Validity and Use of Evidence Concerning Battering and Its Effects in Criminal Trials

Report to Congress on battered women's syndrome. Published jointly by the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice and U.S. Department of Health and Human Services, National Institute of Mental Health. (PDF Doc
http://www.ncjrs.org/pdffiles/batter.pdf

Handbook - Advocating for Women in the Criminal Justice System in Cases of Rape, Domestic Violence and Child Abuse.

Step by step advocacy guide for working with the crimincal justice system for women and children impacted by abuse.
http://www.justicewomen.com/handbook/

San Diego Family Justice Center

Centralized services for survivors of domestic violence in San Diego County, California.
http://familyjusticecenter.org/main.htm

Legal Momentum -- Issues -- Ending Violence Against Women

Fact sheets on state laws regarding unemployment benefits for battered women, housing discrimination, workplace policies and protections and time off from work for battered women needing to attend court proceedings.
http://www.legalmomentum.org/issues/vio/FactsheetPage.shtml

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