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2011

Domestic violence

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Full-Text Articles in Law

Back To The Drawing Board: Barriers To Joint Decision-Making In Custody Cases Involving Intimate Partner Violence, Dana Harrington Conner Sep 2011

Back To The Drawing Board: Barriers To Joint Decision-Making In Custody Cases Involving Intimate Partner Violence, Dana Harrington Conner

Dana Harrington Conner

For survivors of intimate partner violence, custody is, without question, one of the most important issues addressed by our legal system. For battered women, the court’s decision regarding their children is critical. As a result, legal scholars have examined, in depth, the value of sole custody awards in favor of battered women, as well as the dangers of joint custody. To that end, this Article considers, beyond the obvious risks of physical harm, why joint legal custody is not a viable alternative to sole legal custody in cases involving intimate partner violence. In addition, by de-constructing the fundamental aspects of …

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The State-Created Danger Doctrine In Domestic Violence Cases: Do We Have A Solution In Okin V. Village Of Cornwall-On-Hudson Police Department?, Atinuke O. Adediran Dec 2010

The State-Created Danger Doctrine In Domestic Violence Cases: Do We Have A Solution In Okin V. Village Of Cornwall-On-Hudson Police Department?, Atinuke O. Adediran

Atinuke Adediran

Violence perpetrated against women by intimate partners is a major societal problem and the dangers associated with domestic violence are well documented in the literature. This article discusses the availability of redress under the state-created danger doctrine for women who have suffered domestic violence in the hands of intimate partners. The United States Supreme Court in Deshaney v. Winnebago County Department of Social Services held that a state has no duty to protect its citizens from violence perpetrated by third parties. The state-created danger doctrine, which is an exception to the Deshaney rule, allows women who have suffered domestic violence …

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