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Articles 1 - 30 of 262
Full-Text Articles in Law
The Law Of Equitable Distribution: When Is Domestic Violence More Than Just A Factor In Divorce?, Ada Tonkonogy
The Law Of Equitable Distribution: When Is Domestic Violence More Than Just A Factor In Divorce?, Ada Tonkonogy
Journal of Civil Rights and Economic Development
(Excerpt)
Imagine you are married. After many years there are problems in your marriage. Some of these issues are beyond your control. You find out that your spouse is cheating on you. You plan to come home from work and confront your spouse about their infidelities. You even begin to think about the divorce process, confronting the concerns raised in your mind. I’ll be okay. I have a great career, I have worked my entire life, and I have saved. I will be okay.
That night you approach your spouse. After an argument breaks out, you tell your spouse that …
From Experiencing Abuse To Seeking Protection: Examining The Shame Of Intimate Partner Violence, A. Rachel Camp
From Experiencing Abuse To Seeking Protection: Examining The Shame Of Intimate Partner Violence, A. Rachel Camp
Georgetown Law Faculty Publications and Other Works
Shame permeates the experience of intimate partner violence (IPV). People who perpetrate IPV commonly use tactics designed to cause shame in their partners, including denigrating their dignity, undermining their autonomy, or harming their reputation. Many IPV survivors report an abiding sense of shame as a result of their victimization—from a lost sense of self, to self-blame, to fear of (or actual) social judgment. When seeking help for abuse, many survivors are directed to, or otherwise encounter, persons or institutions that reinforce rather than mitigate their shame. Survivors with marginalized social identities often must contend not only with the shame of …
The Future Harm Exception: Coercive Control As Serious Psychological Harm And The Challenge For Lawyers’ Ethics, Deanne Sowter
The Future Harm Exception: Coercive Control As Serious Psychological Harm And The Challenge For Lawyers’ Ethics, Deanne Sowter
Dalhousie Law Journal
Can a lawyer use the future harm exception to prevent her client from coercively controlling his former spouse? Lawyers are required to keep their clients’ secrets unless an exception applies. One of those exceptions is where there is a clear and imminent risk of serious bodily harm or death to an identifiable group or person. The exception provides that serious psychological harm constitutes serious bodily harm, but there is very little guidance as to what type of threat might meet the test. Coercive control is a type of family violence whereby an abusive spouse will use a pattern of tactics …
Immigration Law—Creating Consistency In Domestic Violence Asylum Cases, Zoya Miller
Immigration Law—Creating Consistency In Domestic Violence Asylum Cases, Zoya Miller
University of Arkansas at Little Rock Law Review
No abstract provided.
Sb320: A Call To Arms For Victims Of Domestic Violence, Golden Gate University School Of Law
Sb320: A Call To Arms For Victims Of Domestic Violence, Golden Gate University School Of Law
GGU Law Review Blog
Under California law, a person restrained by any domestic violence protection order is prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm while the order is in effect. According to the Armed Prohibited Persons System (APPS), over 23,000 restricted people are armed in California. This number reflects only the number of known registered firearms in the state. Of these 23,000 restricted people, special agents recovered 1,243 prohibited firearms last year — 778 of those firearms were identified in APPS; however, 465 were previously unknown.
Senate Bill 320 purports to redress the inadequacy of current practice …
Family Law—The Revictimization Of Survivors Of Domestic Violence And Their Children: The Heartbreaking Unintended Consequence Of Separating Children From Their Abused Parent, Jeanne Kaiser, Caroline M. Foley
Family Law—The Revictimization Of Survivors Of Domestic Violence And Their Children: The Heartbreaking Unintended Consequence Of Separating Children From Their Abused Parent, Jeanne Kaiser, Caroline M. Foley
Faculty Scholarship
Massachusetts law governing child custody recognizes the damaging effect that witnessing domestic violence can have on a child. Accordingly, the law requires courts to give special attention to the effects of domestic violence on a child when determining custody. An unintended consequence of this scrutiny is that parents who have been the victims of domestic violence can lose custody, or even their parental rights, for failing to protect children from witnessing their abuse. This result can be prevented by requiring courts to apply the same level of attention to the effects of domestic violence when removing a child from an …
Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan
Covid-19’S Complications For Family Law Counsel: Domestic Violence And Threats To The Well-Being Of Children, J. Thomas Sullivan
The Arkansas Journal of Social Change and Public Service
No abstract provided.
Feminist Perspectives On Disaster, Pandemics, And Intimate Partner Violence, Margaret Drew
Feminist Perspectives On Disaster, Pandemics, And Intimate Partner Violence, Margaret Drew
Faculty Publications
The COVID-19 pandemic brought international awareness to the likelihood of increased abuse of those in abusive intimate partner relationships because of the forced confinement with their abusers (Bettinger-Lopez and Bro, A double pandemic: domestic violence in the age of COVID 19, Council on Foreign Relations. https://www.cfr.org/in-brief/double-pandemic-domestic-violence-age-covid-19, 2020). While this awareness was much discussed, assistance to survivors of abuse was limited because survivors often could not reach out for help, nor could advocates wishing to offer assistance safely reach in to advise them (Taub, A new Covid-19 crisis: domestic abuse rises worldwide. https://www.nytimes.com/2020/04/06/world/coronavirus-domestic-violence.html, 2020). The ever-present influence of the …
Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez
Lessons Learned, Lessons Offered: Creating A Domestic Violence Drug Court, Judge Rosie Speedlin Gonzalez, Dr. Stacy Speedlin Gonzalez
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
In Pursuit Of Economic Justice: The Political Economy Of Domestic Violence Laws And Policies, Deborah M. Weissman
In Pursuit Of Economic Justice: The Political Economy Of Domestic Violence Laws And Policies, Deborah M. Weissman
Utah Law Review
Violence experienced within the family — perhaps the most intimate of all social arrangements — causes devastating consequences. Recent phenomena, including accounts of perpetrators of mass shootings with a history of domestic violence and the #MeToo movement, have called new attention to the costs and consequences of violence against women. Intimate violence wreaks havoc extending beyond the private spaces of the household, thereupon to lay bare the structural shortcomings of public institutions.
The act of domestic violence enters the public imagination principally as an offense of physical abuse. It is more complicated. In fact, intimate partner violence (IPV) is often …
Not Everyone Is Safer At Home: The Harsh Reality That Many Domestic Violence Victims Face In Light Of Covid-19 “Stay At Home” Orders, Megan Divine
Center for Health Law Policy and Bioethics
Domestic violence victims are disproportionately affected by the COVID-19 pandemic. Home is not a safe place for everyone. Abuse thrives in silence and isolation. Isolation exacerbates the types of violence and abuse that victims experience. The coronavirus pandemic presents a perfect opportunity for abusers to exercise increased levels of coercive control. This includes not only physical abuse, but also emotional, financial, and psychological abuse. Survivors too, are impacted by many of these concerns. Limited finances and decreased access to housing, support, and affordable childcare increases the potential for survivors to return to their abusers. Many have considered the coronavirus crisis …
Not All Violence In Relationships Is “Domestic Violence", Tamara L. Kuennen
Not All Violence In Relationships Is “Domestic Violence", Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
The article proceeds in four parts. Part I describes in more detail the work of Donileen Loseke, and Part II applies her methodology by taking stock of the constructs as they currently exist. Part III examines social science data available since Loseke published her study, demonstrating that the current construct reflects, in reality, only a subset of relationship violence and a subset of the people who experience it. Part IV examines whether the main service designed to help people experiencing relationship violence today—law—perpetuates, rather than challenges norms. I argue that it does the former, because legal decision makers, like the …
Comparing Supreme Court Jurisprudence In Obergefell V. Hodges And Town Of Castle Rock V. Gonzales: A Watershed Moment For Due Process Liberty, Jill C. Engle
Jill Engle
“The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.” -- Obergefell v. Hodges, 135 S. Ct. 2584, …
Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard
Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard
Debra Pogrund Stark
Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a nationwide …
Complex Relationships: Public Policy And Law Solutions To Rebalance The Confrontation Clause, Evidence-Based Intimate-Partner Violence Prosecution, And Public And Private Violence After The Resurrection Of Roberts, Kira Eidson
Senior Theses and Projects
Following the Supreme Court’s 2004 decision in Crawford v. Washington, tensions between the Sixth Amendment Confrontation Clause and evidence-based prosecution of intimate-partner violence increased. In consequence, the Court forged a path of Constitutional jurisprudence which has weakened the power of the Confrontation Clause, reverted to a disguised reliability test reminiscent of Ohio v. Roberts, and diminished the rights of the accused. Simultaneously, these rulings have created a hierarchy where the severity of private, domestic violence is regarded as a lower level of emergency than public violence. Consequently, the Supreme Court’s primary purpose test for testimonial statements should be …
Judicial Education, Private Violence, And Community Action: A Case Study In Legal Participatory Action Research, Kristin (Brandser) Kalsem
Judicial Education, Private Violence, And Community Action: A Case Study In Legal Participatory Action Research, Kristin (Brandser) Kalsem
Faculty Articles and Other Publications
In this Article, I present a case study of a legal PAR project involving judicial training on best practices in domestic violence cases. This judicial education project started over coffee and waffles, involved an award-winning documentary film Private Violence, and resulted in the training of more than 375 judges on best practices developed from two years of collaborative research conducted by a community action group. In 2014, I coauthored an article titled It's Critical: Legal Participatory Action Research with my colleague Emily Houh. In this piece, we introduced legal scholars to the field of PAR, including its origins, complementary relationship …
Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard
Properly Accounting For Domestic Violence In Child Custody Cases: An Evidence-Based Analysis And Reform Proposal, Debra Pogrund Stark, Jessica M. Choplin, Sarah Elizabeth Wellard
Michigan Journal of Gender & Law
Promoting the best interests of children and protecting their safety and well-being in the context of a divorce or parentage case where domestic violence has been alleged has become highly politicized and highly gendered. There are claims by fathers’ rights groups that mothers often falsely accuse fathers of domestic violence to alienate the fathers from their children and to improve their financial position. They also claim that children do better when fathers are equally involved in their children’s lives, but that judges favor mothers over fathers in custody cases. As a consequence, fathers’ rights groups have engaged in a nationwide …
Protecting All Women: Tribal Protection Orders And Required Enforcement Under Vawa, Brenna P. Riley
Protecting All Women: Tribal Protection Orders And Required Enforcement Under Vawa, Brenna P. Riley
Roger Williams University Law Review
No abstract provided.
Are Domestic Abusers Terrorists: Rhetoric, Reality, And Asylum Law, Natalie Nanasi
Are Domestic Abusers Terrorists: Rhetoric, Reality, And Asylum Law, Natalie Nanasi
Faculty Journal Articles and Book Chapters
The terms terrorism and terrorist are highly charged but all too often imprecisely utilized in legal, media, and political arenas. The terminology has even entered the field of intimate partner violence, where the phrases terrorism in the home or intimate terrorism have been used to describe domestic abuse. This language has proliferated not only due to identified commonalities between intimate partner abuse and terroristic behaviors but also because of the rhetorical impact of the words in highlighting the gravity of domestic violence. However, expanding the legal framework of terrorism into new areas has potentially serious and far-reaching consequences. It is …
The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast
The Impact Of Domestic Violence On Immigrant Women, Shawna C. Quast
DePaul Journal of Women, Gender and the Law
No abstract provided.
Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga
Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga
Joseph Isanga
This Article considers the contribution of Pope John Paul II’s apostolic letter On the Dignity and Vocation of Women to the deeper understanding of women’s dignity as it relates to the process of articulating and rearticulating international women’s rights, with particular attention on domestic violence.2 This letter, Mulieris Dignitatem, brings together some of the Catholic Church’s most important teachings on gender equality. This Article delineates norms articulated in Mulieris Dignitatem that can inform international standards regarding the protection of women from domestic violence. To date there are no legally binding global human rights instruments that explicitly recognize the right to …
Invisible Bars: Adapting The Crime Of False Imprisonment To Better Address Coercive Control And Domestic Violence In Tennessee, Alexandra M. Ortiz
Invisible Bars: Adapting The Crime Of False Imprisonment To Better Address Coercive Control And Domestic Violence In Tennessee, Alexandra M. Ortiz
Vanderbilt Law Review
On average, three or more women are murdered by their intimate partners in the United States every day. Despite the now well-known correlation between coercive control-the strategic use of oppressive behavior to control primarily female partners-and intimate partner homicide, most states continue to focus their criminal domestic violence laws solely on physical violence. As a result, state laws often fail to protect victims from future and escalating violence. Focusing on Tennessee law and drawing from the work of Evan Stark as well as the United Kingdom's Serious Crime Act of 2015, this Note proposes adapting the preexisting crime of false …
The Workplace Injunction: An Emerging But Imperfect Weapon In The Fight Against Domestic Violence, Michael D. Moberly
The Workplace Injunction: An Emerging But Imperfect Weapon In The Fight Against Domestic Violence, Michael D. Moberly
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Intimate Partner Violence & Men’S Professional Sports: Advancing The Ball, Chelsea Augelli, Tamara L. Kuennen
Intimate Partner Violence & Men’S Professional Sports: Advancing The Ball, Chelsea Augelli, Tamara L. Kuennen
Sturm College of Law: Faculty Scholarship
This article examines how men'sprofessional sports leagues treat domestic violence committed by players. Over the past twenty years, but particularly over the last five, the public has criticized, and the media has shone a spotlight on, the big leagues' ignoring of the issue. Many call for parity between how the criminal justice system treats the issue of domestic violence and how the leagues should treat it, arguing for a zero-tolerance approach. This article applies lessons learned by feminist law and policy makers and legal scholars in the development of the larger justice system response to domestic violence to the nascent …
When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis
When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis
All Faculty Scholarship
Ending all forms of discrimination against women and girls is not only a basic human right, but also crucial to accelerating sustainable development. The very first target of Goal 5. 1.1 calls to end all forms of discrimination against all women and girls everywhere and the indicator for the goal is: “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex”. In many countries around the world the legal frameworks themselves allow for both direct (de jure) and indirect (de facto) discrimination against women. This essay identifies some areas …
Beware The Mammoni: My Search To Understand Domestic Violence In Italian-American Culture And Rhode Island's Family Court, Anne Grant
Dignity: A Journal of Analysis of Exploitation and Violence
Since I disapproved of stereotypes, I found myself trying to comprehend Italian-American culture after I became executive director of the largest shelter in Rhode Island for battered women and their children. Many of those I met were fleeing Italian-American men. On 60 Minutes, Lesley Stahl reported from Italy about the large number of single men who still live with their parents and are known as mammoni, or “mama’s boys.” Their mothers dutifully cook and clean for them. The Roman Catholic Church’s view of the Holy Family reinforces mammoni culture. I learned that Rome’s founding legend starts with men …
Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.
Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.
Donna M. Hughes
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.
Donna M. Hughes
A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow
A-R-C-G- Is Not The Solution For Domestic Violence Victims, Lizbeth Chow
Catholic University Law Review
For over fifteen years, U.S. immigration authorities and courts have grappled with the idea of domestic violence as a basis for asylum. But in 2014, the Board of Immigration Appeals (BIA) issued a decision indicating that victims of domestic violence may qualify for asylum. This Comment assesses the BIA’s decision and concludes that it is ultimately ineffective. This Comment further suggests that the only practical solution is for Congress to intervene. This Comment first provides a brief historical overview of asylum law to help elucidate the purpose of asylum law. It also provides an in-depth review of the elements needed …
Failure To Protect: Our Civil System's Chronic Punishment Of Victims Of Domestic Violence, Kate Ballou
Failure To Protect: Our Civil System's Chronic Punishment Of Victims Of Domestic Violence, Kate Ballou
Notre Dame Journal of Law, Ethics & Public Policy
This Note examines the effectiveness and enforceability of civil restraining orders in domestic violence cases in the wake of Town of Castle Rock v. Gonzalez, which held that there is no constitutional right to the enforcement of a restraining order. This Note analyzes the impact of Gonzales and the effectiveness of various restraining order statutory schemes more broadly. This Note subsequently addresses that as a result of experiencing continued contact from their attackers, victim mothers are more likely to have their children removed by the state in child welfare proceedings, due to the established presumption in most family courts that …