Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken Jan 2002

Dealing With Complex Evidence Of Domestic Violence: A Primer For The Civil Bench, Jane C. Murphy, Jane H. Aiken

All Faculty Scholarship

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country throughout the last twenty years. The legal approaches taken to protect battered women and control family violence have brought about significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent’s fitness by considering past acts of violence to other family members results in …


Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken Jan 2000

Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken

All Faculty Scholarship

New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and/or visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent's fitness by considering past acts of violence to other family members results in decisions …


2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon Jul 1999

2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon

Thomas D. Lyon

It is often stated that intervention on behalf of abused and neglected children is intended to protect the child rather than punish the parent.  This stance justifies a no-fault approach to child protection: If a child is being harmed and removal from the parents' custody is the only means to alleviate the harm, removal is justified. If reunification fails, regardless of whether the parent will not or cannot change, the termination of parental rights is justified. It matters not whether the parents acted to harm the child or failed to act to prevent harm. Nor does it matter whether the …