Legal Issues

• Society: Law: Legal Information: Family Law  (50)

American Bar Association Standards of Practice for Lawyers Representing Victims of Domestic Violence, Sexual Assault and Stalking in Civil Protection Order Cases :

- PDF version of the newly adopted standards [PDF]
Battered Women and Their Children: Lessons from One Woman's Story :

- Long article (Kathleen Waits, Houston Law Review, 1998) describes a battered woman's experience in the family court system and discusses lessons that can be drawn about better handling of these cases.
Battered Women's Justice Project (BWJP) :

- Collaborative effort of several U.S. national organizations aiming to improve criminal justice responses to domestic violence. Information about services and programs, plus an online resource library.
Brandt v. Brant - Michigan Court of Appeals :

- Decision upholding no contact order restricting parents' contact with children with order of protection in place.
Child Custody and Visitation Decisions in Domestic Violence Cases: Legal Trends, Research Findings, and Recommendations :

- Articles on child custody, visitation, child witnesses, etc.
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.
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 domestic violence cases and issues.
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.
Domestic Violence (ABA Division for Public Education) :

- ABA Division for Public Education provides general information about domestic violence issues in question-and-answer format.
Domestic Violence and the Courtroom :

- Understanding the Problem and knowing the Victim. The American Judges Foundation.
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
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.
Domestic Violence Medical Records :

- An essay from the Harvard School on Public Health discussing the importance of medical records in domestic violence legal cases.
Domestic Violence Notepad: A listing of resources :

- Provides links to articles, legal help, resources to help victims of domestic violence.
Domestic Violence Organizations Online: Risks, Ethical Dilemmas, and Liability Issues :

- Violence Against Women Online Resources - Minnesota Coalition Against Domestic Violence
Domestic Violence Safety Plan :

- Safety tips for victims of domestic violence from the American Bar Association. Includes information in Spanish.
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. [PDF]
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
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.
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.
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.
Helping With Domestic Violence: Legal Barriers to Serving Teens in Illinois :

- Center for Impact Research
How to Write a Letter to the Judge for Victims of Rape, Domestic Violence, and Child Abuse :

- Women's Justice Center
Increasing Your Safety: Full Faith and Credit for Protection Orders :

- Advice for U.S. residents on using the federal Violence Against Women Act (VAWA) of 1994 to enforce protection orders when persons with orders travel across state, territorial or tribal lines.
Legal Services Online-Main Menu Page :

- Interactive site walks clients through the procedures for obtaining an order of protection in Georgia courts.
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 department.
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. [PDF]
National Center on the Prosecution of Violence Against Women :

- Website includes information and training materials on best prosecution practices, research and reference resources and training and technical assistance at the national, regional and local levels for prosecutors, law enforcement and other allied professionals.
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.
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 how domestic violence can affect a variety of civil and criminal cases, and addresses pretrial, trial and sentencing issues.
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
Online Domestic Violence Protection-New York :

- Self-directed system for obtaining order of protection in New York
Power Inequality and Dissociated Coercion in the Mediation of Interpersonal and Domestic Disputes: Recognition and Response :

- Domestic violence seminar.
Sanctuary for Families - Legal Center :

- News and court opinions from an agency in New York State working for the rights of women and children in families where abuse occurs.
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.
US v. BUNNELL :

- Protection order and firearm possession case law.
Visits in Cases Marked By Violence [Julie Kunce Field] :

- Legal methods for structuring supervised visitation when there has been violence in the family.
Waikato Law Review: Special Edition on Domestic Violence :

- Waikato Law Review: Volume 4, Special Edition 1996, Australia
WATCH: Bringing a public eye to justice: Home: :

- WATCH is a volunteer-based court monitoring and research organization that follows cases of family and sexual violence and provides feedback to the justice system.
Wellesley Centers for Women - Compilation of Gender Equality & Domestic Violence Laws from around the World :

- Wellesley Centers for Women, Compilation of Gender Equality & Domestic Violence Laws from Around the World, WCW
Women Empowered Against Violence (WEAVE) :

- Washington, DC, organization providing holistic services, including legal representation, counseling, and social services, to victims of domestic violence.
Women's Law Initiative :

- Legal information (U.S.-specific) and other advice for women living with or escaping domestic violence. Includes focused sections for teens, military women, immigrants, individual states, and tribal jurisdictions.
Validity and Use of Evidence Concerning Battering and Its Effects in Criminal Trials :

- Report to U.S. Congress on "battered women's syndrome," published jointly by the U.S. Department of Justice and other agencies. [PDF] (May, 1996)