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(19) This may in part be due to the fact that family violence clinics provide students with the opportunity to improve their substantive and trial practice skills in one semester.
Incorporating Domestic Violence Legal Issues into Law
School Curricula May Encourage Lawyers to Advocate for
Social Justice
Law schools which offer courses on domestic violence law may improve the practice of law by training future lawyers to serve unrepresented individuals.
One of the most important services law schools can
provide in helping to end domestic violence is to ensure
that graduating law students understand what domestic
violence is and how many areas of law it affects.
To realize this goal,
however, law school programs must ensure that law
students -- who may become prosecutors, defense
attorneys, family law attorneys, general practitioners,
business leaders, legislators, lobbyists, policy analysts, or
judges -- attain an adequate understanding of domestic
violence issues.
Training law students on domestic violence issues
can increase public safety, and help remove the burden that
recurring domestic violence cases impose on the legal
system.
Law School Programs Can Provide Non-Legal Assistance
or Refer Victims to Community Organizations
Law school clinical programs may be able to
provide effective services to victims of domestic violence
for additional reasons.
Domestic violence
issues provide a means to improve practice skills whether
taught in clinical programs or presented as hypothetical
cases in general lawyering courses.
While this technique
may be useful in some divorce cases, it can lead to
dangerous outcomes in domestic violence cases, by
allowing perpetrators to continue to harass victims
throughout extensive legal proceedings.
Students
who learn domestic violence law while in law school will
be familiar with these legal issues when they become
lawyers, rather than learning at the expense of clients or
failing to address critical issues as practicing lawyers.
Immigration lawyers should be aware that abusers often threaten to deport their battered spouses as an additional means of control, and that the Violence Against Women Act provides protection for battered immigrant spouses.
For instance, a tax lawyer who has identified a
client's history of domestic violence with an ex-spouse may
understand why the client chooses to forgo certain financial
benefits in the hopes of maintaining her physical safety.
(10) Law students who represent domestic violence clients, perform legal research for shelters, or participate in community advocacy groups may be more likely to pursue public interest careers or devote time to pro bono cases upon graduation.
(17) A family law attorney who fails to identify a client as a victim of domestic violence or to review domestic violence laws may not comply with statutory provisions protecting victims.
These substantive skills
may assist students to obtain employment opportunities in
firms practicing family law or criminal defense law, in
public defender or prosecutor offices, and in legal services
organizations, among others.
The American Bar Association, for instance, recently enacted a policy resolution condemning lawyers or judges who commit or condone domestic violence and urging the profession to take affirmative steps to educate judges and lawyers.
a landlord-tenant case in which a client is
being evicted because of noise resulting
from the domestic violence.
Recent reports confirm that perpetrators commit further acts of violence even after they are arrested or have protection orders entered against them.
For example, a victim may refrain from reporting the violence if the abuser is a fellow law student, for fear of ruining the abuser's career or being judged by an insular law school community.
Teaching Domestic Violence Law Enhances the Substantive
Skills of Law Students
The pervasiveness of domestic violence ensures that
lawyers will come in contact with domestic violence issues
in a variety of ways.
(5) Despite the presence of domestic violence as an overt or underlying factor in criminal and family law, traditional law school courses fail to even mention domestic violence as an issue.
For instance, restrictive regulations or heavy caseloads may prevent legal services organizations from advocating for legal reforms affecting victims in the community or from providing holistic legal services to victims.
Domestic violence also has lethal results -- nearly thirty percent of all female homicide victims were known to have been killed by their current or former husband or boyfriends.
The next time her husband
beats her, she calls a domestic violence hotline, but
they tell her there is an eight-month waiting list to
get a pro bono lawyer.
Therefore, most lawyers are
likely to represent clients who are experiencing or
perpetrating violence in their homes.
(16) Lawyers who fail to present the courts with information on the effects of violence on children harm children by promoting unsafe custody or visitation arrangements.
Law schools which fail to teach students about
domestic violence legal issues may be exposing future
lawyers to malpractice suits, disciplinary complaints, or
sanctions for ethical violations.
Communities Would Also Benefit From Increased Access to
Legal Assistance
Significant societal advantages could accrue if law
schools included domestic violence issues in their curricula,
particularly because these issues arise in so many areas of
the law -- from health law to personal injury law.
Domestic
violence not only endangers third parties, such as children,
or law enforcement officers responding to a crime scene,
but also unrelated bystanders.
For instance, lawyers may need to
invoke statutory prohibitions against joint custody or
mediation when the parties have a history of domestic
violence.
A primary reason for this change was
the enactment of the Violence Against Women Act of 1994
[VAWA].
Law students may be victims or perpetrators of domestic violence,(12) or they may know friends or family members who are being abused or are perpetrating abuse.
In addition, law students in clinical programs may
provide particularly effective representation in domestic
violence cases.
Incorporating Domestic Violence Legal Issues May Attract
Law School Applicants and Create a More Diverse Student
Body
A growing number of law students are choosing to attend law schools that offer clinical programs in order to represent clients, develop lawyering skills, and enhance employment opportunities.
For instance, a criminal stay-away order
that forbids a batterer from coming to the victim's
workplace, or a custody order that requires the children to
be dropped off and picked up at a supervised visitation
center, can help prevent future violence -- against the
victim, the children, and bystanders.
Additionally, most custody statutes require
courts to consider domestic violence as a factor in custody
determinations or create a presumption against granting
custody to a perpetrator of domestic violence.
With federal funding
increasing year by year for domestic violence programs,
law schools may find that offering domestic violence
courses increases their chances of obtaining outside
funding.
(26) Even when abusers do not use the court system as a new battleground, victims may face complex legal problems resulting from the violence.
At present,
however, professional competency demands that lawyers
comprehend the dynamics of domestic violence, the legal
implications (including criminal penalties), and the
appropriate responses.
(4) Similarly, a large proportion of criminal cases involve violence against intimate partners or spouses.
Studies show that victims who are represented by counsel obtain civil protection orders that are more effective in curtailing further violence.
Because of this financial deprivation, victims of domestic violence frequently lack the ability to afford legal counsel upon separation from their abusers.
Additionally, the VAWA funded grant programs to train
prosecutors to handle domestic violence cases.
Teaching Domestic Violence Legal Issues
in the Law Schools Benefits Students and
Improves the Practice of Law The legal profession has a unique role to play in
developing and implementing coordinated community
responses to domestic violence.
Stereotypes about victims and perpetrators
may have prevented lawyers from understanding the
complexity of domestic violence legal issues.
Perpetrators often use economic coercion as a way to exert
power and control over their victims, in conjunction with
threats or physical violence.
An investment in
domestic violence legal education should increase victim
safety and reduce the community costs of recurring cases in
the health care, legal and corrections systems.
Competent representation requires the
legal knowledge, skill, thoroughness, and
preparation reasonably necessary for the
representation.
(30) Law school programs can assist victims by
conducting workshops in community organizations, such as
domestic violence shelters or local high schools, directed at
clients, shelter workers, adolescents, or school counselors.
As a result, if a local legal services agency has a lengthy waiting list and pro bono services are unavailable, victims may be forced to represent themselves in court.
This practical knowledge can assist prosecutors to develop alternative ways of prosecuting domestic violence cases.
(6) Family Law
Despite the new trend of aggressive criminal
prosecution of domestic violence cases, family law
responses remain integrally important in assuring victim
safety and independence.
The diversity of approaches to the criminal,
civil, and federal aspects of domestic violence law allows
students to consider a range of perspectives across the
political spectrum.
Incorporating domestic violence legal issues into law school curricula prepares students for their professional responsibilities, and provides students with the information they need to assist themselves or others to seek legal remedies to end the violence.
Teaching about
domestic violence legal issues, however, can prepare
students to handle a legal and sociological problem which
will continue to affect them for the rest of their lives, as
professionals and as human beings.
(38) For example, domestic violence shelters or victims in rural areas may be cut off from services available in more populated areas.
One of the first lessons law schools can teach students is that domestic violence occurs when one intimate partner uses a pattern of behaviors, including physical violence, coercion, threats, intimidation, rule making, isolation, or emotional, sexual and economic abuse, to maintain power and control over the other intimate partner or spouse.
an insurance case in which a client was
denied insurance based on the history of
domestic violence.
Domestic Violence Law is an Ideal Topic for Teaching
Lawyering Skills
Students can develop their practical lawyering
skills, as well as their substantive legal skills, by studying
domestic violence law.
Student attorneys who represent batterers in criminal defense clinics should therefore be thoroughly trained on domestic violence legal issues.
Student attorneys can teach classes on the dynamics of
domestic violence and the legal remedies available for adult
and teen victims.
Mary Ann Dutton, a clinical
psychologist, co-teaches the domestic violence clinical
program with Professor Joan Meier, assisting students with
the psychological aspects of domestic violence and
representation of abuse victims.
Children who witness domestic violence often endure physical abuse, or suffer developmental, cognitive, or behavioral impairments as a result of living in violent homes.
Since perpetrators often
deprive victims of financial resources, victims desperately
need free or low-cost legal assistance.
Domestic violence is a primary factor in certain areas of the law, such as family law and criminal law.
Raising domestic
violence issues provides students with an opportunity to
engage in profound debate about the law's role in shaping
social policy.
For instance, one client may require
representation in a range of interwoven legal cases
including the following: a civil protection order case for immediate
protection.
Such training will serve victims well,
even if student attorneys ultimately practice law in areas
other than domestic violence, since all lawyers will be
sensitized to domestic violence issues and prepared to assist
victims.
Incorporating domestic violence legal issues into law school curricula can also help respond to the unmet legal needs of the local community.
Professional Responsibility and Case Management Skills
Students may confront challenging professional
responsibility issues through litigating domestic violence
cases.
Incorporating Domestic Violence Issues
into Law School Curricula May Create
Resources to Assist Victims
Victims of domestic violence desperately need legal representation, yet few lawyers have been trained on domestic violence law.
The VAWA raised the profile of domestic
violence cases in the law enforcement community by
creating new federal crimes of domestic violence.
Because domestic
violence is a pattern of actions, legal professionals must be
trained to scrutinize even seemingly benign activities -- like
making a telephone call or sending flowers to a former
victim.
(1) Domestic violence has been defined as a pattern of interaction in which one intimate partner is forced to change his or her behavior in response to the threats or abuse of the other partner.
Victims may require legal representation, for example, in financial matters such as bankruptcy or landlord-tenant cases, as well as in related family, criminal, or civil matters.
Both professors and
students may draft law review articles or amicus briefs on
emerging legal issues, helping to shape evolving law in the
field.
In contrast, law school programs may have the resources to provide representation to clients in a range of legal cases, and students may be able to participate vigorously in advocacy groups within the community.
Teaching Domestic Violence Legal Issues in Law Schools
Can Begin to Reduce Domestic Violence in the Law School
and Local Community
Law schools which incorporate domestic violence legal issues into their curricula may be contributing to the eradication of domestic violence within the law school community.
Victim advocates, who are
aware of the dynamics of domestic violence and the
capabilities of the legal system, can help victims seek the
most effective response to end the violence -- which may
include criminal prosecution of domestic violence crimes.
In addition, other systems which are flooded with domestic violence cases, such as the law enforcement, corrections, and health care professions, might experience a decreased caseload if lawyers were well-trained on domestic violence issues.
Representation by well-trained student attorneys can
be extremely useful for victims who may have a range of
legal needs or require support and understanding simply to
pursue legal action.
(32) Law enforcement and courts report that an increasing number of victims are seeking assistance to end the violence.
Continuing legal education or pro bono
training programs can train lawyers to handle these cases
well, but such programs often come too late in a busy legal
professional's career to have a real impact on legal practice.
In the District of Columbia, for example, law school clinical programs at four area law schools provide the bulk of representation for victims of domestic violence.
All lawyers must be
prepared to screen for domestic abuse and provide
appropriate legal advice when domestic violence has been
identified as an issue.
Another major influence encouraging the
prosecution of domestic violence cases is the growing use
of victim advocates in prosecutors' offices and court intake
centers across the country.
Further, since all lawyers may have clients
who are victims of domestic violence, they should know
how to develop safety plans with their clients.
(35) Victims of domestic violence may suffer a wide range of psychological effects, including post-traumatic stress syndrome, or they may continue to live in terror as a result of being stalked or assaulted by their abusers after separation.
It is
startling how many lawyers do not know what the legal
definition of domestic violence is or what abusive
behaviors are covered by the law.
Besides training future lawyers to accept pro bono cases, offering domestic violence law courses may inspire students to devote their talents to reforming the legal system so that it better serves victims of domestic violence.
Legal Training May Increase Public Safety and Reduce
Judicial, Health Care and Law Enforcement Costs
Domestic violence takes an enormous toll on public
safety.
Domestic violence has been recognized as a criminal justice issue, a public health epidemic, and a drain on workplace productivity.
Most states, for example, view domestic violence as a factor in custody determinations or create a presumption that perpetrators of domestic violence should not be awarded custody of children.
(22) Since employers recognize the value of clinical training programs, law schools which incorporate domestic violence clinical programs enhance their own reputations while expanding employment opportunities for students.
(24) While domestic violence programs provide
desperately needed services to the community, they also
accrue benefits to law schools.
Students working in domestic
violence prosecution units or handling contempt trials have
the opportunity to acquire lawyering skills in criminal
cases.
(15) Without appropriate legal education, lawyers may
unwittingly expose their clients to further violence as a
result of legal developments in their cases.
Lawyers who lack knowledge about domestic violence law contribute to incorrect legal outcomes.
In order to offer this help, however, law students
must be informed about the impact of domestic violence on
family law.
Teaching Domestic Violence Issues in Law
Schools Benefits the Community
Incorporating domestic violence legal issues into
law school curricula provides significant short-term and
long-term advantages to the community in which the law
school is located.
Lawyers can inform perpetrators of the legal consequences of their behavior and encourage them to seek help to end the violence.
The legal profession will be better equipped to
handle domestic violence cases if lawyers are educated
about domestic violence issues prior to becoming
prosecutors, defense attorneys, and members of the private
bar and judiciary.
Domestic Violence Law Can Have a Profound Effect on the
Lives of Law Students
Law students, like other members of society, may confront domestic violence issues in their personal as well as professional lives.
For instance, if the police no longer had to
return repeatedly to the same homes because of family
violence, they could save funds.
Lawyers should be aware that financial control
plays a key role in domestic violence relationships.
Students also bridge the gap between theory and
practice by preparing and litigating domestic violence
cases.
The prestige of domestic violence practice has been greatly enhanced by the federal focus on domestic violence issues, evidenced by the Department of Justice's high profile programs and Congress' continuing legislative initiatives.
(23) If domestic violence legal issues are part of the curricula, however, the law school will be sending a strong message that domestic violence is a criminal matter which will not be tolerated by the legal profession.
Lawyers who comprehend domestic violence issues
will be better able to understand their clients' motivations
and goals.
Similarly, if lawyers fail to consult their clients about the
timing of legal procedures, such as filing for child support,
victims may be assaulted by their abusers when they could
have taken precautions to protect themselves.
While
some individuals might claim that American society is too
litigious, few would claim that there is a surplus of lawyers
trained to effectively represent victims of domestic
violence.
(7) Domestic violence also plays a role in tort law, corporate liability law, poverty law, and trusts and estates law,(8) raising malpractice questions if lawyers fail to appropriately address the issue.
The legal system's failure to respond effectively to
domestic violence has a corresponding effect on the health
care and law enforcement systems, when victims are forced
to call the police or seek medical treatment repeatedly for
ongoing violence.
Law school clinical
programs can help fill the gaps created by reduced funding
for legal services organizations.
Law School Programs Can Fill Other Gaps in Community
Services for Victims and Perpetrators
Law school programs may also have the resources to address domestic violence issues which other organizations cannot address.
Students have also
volunteered at the George Washington University
Hospital's emergency room, and compiled referral
directories of local domestic violence services.
Law schools which address domestic violence law are likely to enhance their reputations, while law schools which fail to provide adequate education may fall behind national standards.
Law schools
can respond to the critical needs of victims, while
increasing the public's respect for the legal profession.
Studies show that children are often traumatized by witnessing or experiencing domestic violence.
(33) Recent studies have found that domestic violence costs at least $67 billion dollars a year in medical and mental health care costs, property damage and loss, law enforcement and fire services, victim services, and lost worker productivity.
(11) Informed law students can assist individuals who are victims of family violence, whether or not they are clients.
Judges may be more likely to issue tightly crafted custody
and visitation orders if they understand the perpetrator's
obsession with exercising control over the victim.
For instance, family lawyers need to know if their
state laws prohibit mandatory mediation in domestic
violence cases.
Many of the most highly regarded law schools have begun to incorporate domestic violence legal issues into their curricula.
Students then draft petitions requesting relief
from the court, which may be accompanied by more
detailed motions or legal briefs on matters of first
impression.
Teaching Domestic Violence Legal Issues
While law students generally favor clinical programs, domestic violence programs may be particularly popular with students.
As a result, law students who are not exposed to domestic violence legal issues in law school are ill equipped to pursue criminal law careers upon graduation.
Studies have shown that perpetrators tend to escalate the violence when victims attempt to leave,(14) which often coincides with the commencement of legal proceedings.
Law school programs may have the resources to supply rural shelters or clients with representation or, at the minimum, to draft legal research memoranda on issues of critical importance to victims in rural communities.
When one party in a dissolution or custody
proceeding has abused the other party, a range of legal and
safety issues are raised.
Failure to handle domestic violence cases properly can also endanger those in the legal system, such as judges, lawyers, court personnel, and others, if perpetrators become violent in the courthouse.
Every law school can benefit from an increased applicant pool, which is likely to result if a domestic violence clinical program is offered.
Clinical programs or externships help students
develop transferable lawyering skills whether or not they
pursue careers in domestic violence law.
Incorporating domestic violence issues into legal education
will teach lawyers these skills at an early stage, resulting in
a justice system that is safer and more effective for victims.
Victims of domestic violence who proceed pro se may be unaware of their legal rights or the rules of litigation, including evidentiary or statutory standards.
Incorporating domestic violence law into the various
curricula used in law schools will provide students with the
substantive and lawyering skills necessary to competently
represent clients and improve the system's response to
domestic violence.
Addressing Domestic Violence Issues May Enhance the
Law School's Reputation and Increase the Employment
Opportunities for Graduates
A law school's reputation is often enhanced by offering programs that address contemporary substantive issues.
Additionally, law school programs that train lawyers to provide ethical representation to perpetrators of domestic violence may ultimately reduce recidivism and improve victim safety.
As a result, public awareness about the extent of domestic violence and the role of the legal profession in reducing domestic violence is growing.
(3) Domestic violence also underlies many of the nation's estimated 354,000 annual child abductions.
Law Schools Can Benefit from Offering
Training on Domestic Violence Legal
Issues Across the Curriculum
As more law schools around the country incorporate
domestic violence legal issues into law school curricula,
individual law schools will benefit from offering domestic
violence seminars and clinical programs.
The complexity of domestic violence issues also
presents an opportunity for students to practice case
management while striving to provide holistic legal
services.
(2) Teaching law students about domestic violence
issues should be an inherent part of legal education, rather
than a specialized track taught only by professors who are
experts in domestic violence law.
Other defense lawyers may assist batterers to avoid criminal penalties, rather than recommend that clients seek intervention to end the violence, which may be in their long-term best interest.
Most immediately, community members,
whether they are victims, perpetrators, or related family
members, will benefit from representation by lawyers who
understand domestic violence issues.
The following hypothetical may best illustrate the
drain on resources caused by unchecked domestic violence:
Jane Doe calls the police because her husband beat
her with an iron poker.
(13) Failure to Teach Domestic Violence Legal Issues in Law
Schools Harms Law Students When They Become Lawyers
Lawyers who are unaware of domestic violence dynamics or appropriate legal remedies may endanger their clients.
Therefore, student attorneys who are supervised by
domestic violence law attorneys may be able to provide
some of the most effective representation available to
victims.
Representation by counsel can assist victims to obtain the legal relief to which they are entitled.
The prevalence of family violence in our society ensures that law students who are educated about domestic violence will put their skills to good use -- lawyers who gain a reputation for domestic violence law expertise are frequently approached by persons experiencing domestic violence.
Law School Programs Train Better Lawyers for the Future
Incorporating domestic violence legal issues into
law school curricula may help produce future lawyers who
have a better understanding of domestic violence and its
legal implications.
Law school programs can train future leaders to revamp the
legal system so that it prioritizes victim safety and offender
accountability.
Criminal Law
A major shift in the treatment of domestic violence
cases has been taking place across the country.
Law School Programs Can Help Fill the Need for Direct
Legal Representation of Victims of Domestic Violence
Law school programs which provide direct
representation to victims can help satisfy battered women's
desperate need for legal services, since clinical programs
generally accept clients free of charge or on a sliding scale
basis.
Some lawyers may believe that
domestic violence does not affect their practice because
only low-income people perpetrate domestic violence,
while their clients are from upper-income families.
Other Areas of Practice
Law schools can improve their curricula by teaching students about domestic violence legal issues in all areas of practice -- not merely in family and criminal law courses.
These new laws and practices make the criminal justice
system one of the centerpieces of a successful community
response to domestic violence.
Providing comprehensive and practical domestic violence programs is likely to increase the diversity of the student body, as well as the number of applicants.
Because law schools are often
located in universities which offer other graduate or
professional programs, domestic violence clinical programs
can be linked easily to other professional services which
victims may need, such as social work, medical or mental
health services.
By including domestic violence issues in their
curricula, law schools will be joining a national effort to
reduce the prevalence of domestic violence.
Her husband, enraged by her
attempts to seek legal help, assaults her again when
he ostensibly comes to see the children.
A domestic violence clinical program, with the advocacy experience it offers, can be a real selling point.
In other fields of law, more
experienced attorneys may be able to provide greater
assistance to clients; however, few practicing lawyers have
received appropriate training on domestic violence issues.
A lawyer's failure to understand the dynamics of domestic violence can harm third parties as well.
(39) Experts in domestic violence law concur that coordinated community responses, including prevention efforts with children and intervention efforts with adults trapped in violent homes, are needed to eliminate domestic violence.
Similarly, untrained prosecutors may be frustrated by the unwillingness of some victims to testify against their spouses in criminal cases; lawyers who have studied domestic violence law, however, may understand that perpetrators exercise power and control over victims, and that victims face increased danger upon separation from their abusers.
Domestic violence also endangers children and
extended family members when perpetrators threaten,
harass, or attack them to locate victims or to punish victims
for leaving.
This popularity suggests that law schools which offer domestic violence clinics are likely to attract students.
At the Domestic Violence
Advocacy Project at the George Washington University
Law School, for instance, Dr.
The ABA Model Rules of Professional Conduct recommend that lawyers render at least (50) fifty hours of pro bono legal services per year.
Since its opening in February, 1996, the National Domestic Violence Hotline has provided services to 87,847 callers.
Legal counsel can improve the outcomes that victims obtain in court,(27) in particular, increasing victim safety.
In addition, if lawyers do not identify domestic
violence in their cases, they may utilize practice strategies
that are inappropriate in domestic violence cases.
Similarly, lawyers who fail to take seriously a perpetrator's threats to kill his or her victim may be partially responsible for the perpetrator's violence at the victim's workplace, which results in the victim's death or the deaths of bystanders.
Creating an environment that condemns violence against intimate partners or spouses may be particularly important in law schools because victims or perpetrators within the law school may initially hesitate to seek help.
Lawyers may also be
approached by colleagues or acquaintances who are victims
or perpetrators of family violence.
Law schools can also provide legal services to communities that would otherwise be deprived of access to legal assistance.
Well-trained legal professionals are critical to the
development and implementation of systemic reforms.
Without such programs, many low-income victims in the District of Columbia would have no access to legal representation.
(9) Such pro bono services may include representing persons of limited means, participating in activities for improving the legal system, and providing legal services to community organizations.
(34) Domestic violence not only incurs economic costs on a societal level, but also destroys American families.
Law students who participate in clinical
programs representing domestic violence victims can gain
valuable experience in family law, criminal law,
immigration law, or poverty law.
Low-income clients face increased difficulties in
obtaining counsel because of reductions in funding for the
Legal Services Corporation.
Law students and law professors are just as likely to be victims or perpetrators of domestic violence as other members of society, so information about the dynamics of domestic violence and the legal remedies available can have an immediate and long-lasting effect on students.
Additionally, training
students in core curricula courses about domestic violence
legal issues will create a cadre of lawyers comfortable with
these issues.
If attorneys were taught to advocate on
behalf of victims, and judges were trained to adjudicate
domestic violence cases in ways that reduced the violence,
related systems should experience a decreased caseload and
lower costs.
Tax lawyers who understand that domestic violence perpetrators often exert financial control over their victims can assist innocent spouses to avoid liability for tax fraud committed by their abusers.
Currently, domestic violence issues are in the national spotlight, in part because the Violence Against Women Act has vastly increased the relief available to victims.
Schools that fail to incorporate domestic violence legal
issues into the curricula may lose some of their competitive
advantage.
(36) Effective responses by the legal profession, in coordination with responses from other service providers, can help reduce the pervasiveness and lethality of domestic violence.
Law school programs on domestic violence can inform students who are perpetrating violence against their spouses or intimate partners that domestic violence is a crime and will not be tolerated by the legal profession.
Students will learn that when they are unable to satisfy the
breadth of their clients' legal needs, they can investigate
other services for victims in the community and provide
clients with appropriate referrals.
Systemic Reforms May Result From Incorporating
Domestic Violence Issues into Legal Education
The current legal system fails to effectively protect victims of domestic violence or to hold perpetrators accountable for criminal acts.
For instance, the experience of handling domestic
violence cases can give life to civil procedure law, as
students handle actual service, notice, and jurisdictional issues.
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Frequently Asked Questions about Domestic Violence (FAQ's) Collected Statistics about Domestic Violence
More Statistics about Domestic Violence
Men and Rape
Book Recommendations from FVPF
Suggestions on What Men Can Do About Domestic Violence (from FVPF)
Making a Safety Plan (from FVPF).
If you are a victim of domestic violence, or think you may be a victim, then counseling, shelter and other help is available.
Domestic Violence Internet Resources Domestic Violence Counseling Agencies and Shelters on the Internet.
If You Need Help:
Domestic Violence Counseling Agencies and Shelters on the Net
Domestic Violence Hotline Numbers by State
Make a Safety Plan (from FVPF).
MA-DV
Networks and Informational Organizations Federal Office of Justice Programs - Violence Against Women Website Family Violence Prevention Fund Minnesota Higher Education Center Against Violence (MINCAVA) PAVNET OnLine Web Page (Partnership Against Violence)
Blain Nelson's Resources for Recovering Abusers.
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Musasa Project’s work against domestic violence has attracted the attention of the Provincial Governor for Matebeleland South, who invited the organization to move into the province to start its activities.
Oxfam-supported coalition is promoting a new Domestic Violence Bill.
A coalition of human rights organizations supported by Oxfam America is pushing violence against women into the spotlight on the national stage in Zimbabwe.
Oxfam America:
Zimbabwe Women’s Coalition Pushes New Law to Protect Women
One Musasa Project study noted that violence results from the failure of the legal system to treat battery, murder and rape of women by husbands or lovers as crimes in the same manner.
Zimbabwe Women’s Coalition Pushes New Law to Protect Women
21 January 2005
Oxfam-supported coalition is promoting a new Domestic Violence Bill.
Under the initiative, Musasa Project has also carried out extensive training for police officers to make them more sensitive in dealing with cases of domestic violence.
In 1999 the organization received a grant from Oxfam America to lobby for the enactment of a domestic violence law.
On Day 1 Zimbabwe’s Youth, Gender and Employment Creation Minister Ambrose Mutinhiri signed a petition urging the government to enact the Domestic Violence Bill.
Zimbabwe’s Justice and Legal Affairs Minister Patrick Chinamasa said the proposed bill was crucial and positive step towards the eradication of domestic violence.
Oxfam America’s partners provide legal services, counseling, and shelter for domestic violence victims, but they are also seeking long-term preventive measures in a new Domestic Violence Bill submitted to the legislature in 2004.
Musasa Project carried out wide consultations with women on the Domestic Violence Bill, and comments from the consultations have been incorporated into the draft bill.
At least one in four women in Zimbabwe have been beaten up by their partners, while one in five have been threatened with physical violence, according to studies by the Musasa Project, one of Oxfam America’s partners in the Zimbabwe Women’s Coalition.
Home News and Publications News Updates Archive 2005 Domestic Violence Bill.
In December 2004, the coalition staged a special Days of Activism Against Gender Violence” event.
The Musasa Project, a leading organization in the protection of women, has been at the forefront of the campaign to end violence against women.
The Women’s Coalition is trying to get the new vice president to sign the petition on the Domestic Violence Bill.
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In a domestic violence case, prosecutors and the courts may be more likely to seek a jail term or impose a restraining order or other penalty if you are convicted.
At our criminal defense law firm in central Philadelphia, clients who are accused of domestic violence rely on lawyer Randolph Goldman to protect their freedom.
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If you were arrested for domestic violence, Philadelphia lawyer Randolph Goldman will explain possible defenses against charges of assault or date rape. Call 215-731-1200 to arrange a free consultation at our office before speaking with police or prosecutors. We represent client from Philadelphia, PA and the surrounding counties.
Domestic violence charges involve the nature of the relationship between the accused and the victim.
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The domestic relationship may be that of husband and wife, same-sex partners, girlfriend and boyfriend, parent and child, or a child and the parent’s partner.
Domestic Violence
Philadelphia Domestic Violence Lawyer
If you have been charged with domestic abuse or domestic violence, contact a lawyer for advice before making any statement to the police.
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when a domestic violence order or
emergency protective order is issued pursuant to the provision of KRS Chapter
403 against a person holding a license issued under [the law], the holder of
the permit shall surrender the license to the court or to the officer serving the
order.
Model Domestic Violence Law Enforcement Policy
Officers and supervisors should fully document the report of threatened
violence, all attempts by officers to contact the intended victim or victims,
actions taken on behalf of the intended victim or victims, and all further
recommended investigations or actions.
who, in the course of or as a result of such travel, intentionally commits a
crime of violence and thereby causes bodily injury to such spouse or intimate
partner.
Officers should complete a full report and investigation where a domestic
violence victim alleges that he or she has been stalked;.
These facts may be used as background
information to complete a domestic violence investigation for prosecution.
Violence Call" means a call where an adult, child, or a
family member or member of an unmarried couple is alleged to be the victim of:.
(5) All peace officers shall make arrests for a violation of a foreign
protective order in the same manner as a violation of an emergency protective
order or domestic violence order as if it had been entered by a Kentucky Court.
Violence and Abuse" means not only causing physical
injury, serious physical injury, sexual abuse, or assault between family
members or members of an unmarried couple, but also causing fear of such
imminent physical injury, serious physical injury, sexual abuse, or assault.
Officers shall handle juvenile perpetrators of domestic violence in the same
manner as when the alleged perpetrator is an adult perpetrator;.
If the officer believes the domestic violence perpetrator has a mental
health condition which indicates that the person is an imminent danger to self
or others, the officer needs to follow the provisions set forth in KRS 202A;.
785(2)
to use all reasonable means necessary to prevent further domestic violence,
including but not limited to:.
report
all actual and suspected incidents of abuse to the Cabinet for Families and
Children, Department for Social Services, using the Abuse, Adult
Abuse, and Domestic Abuse Standard Report" form (JC-3);.
a person who travels across a state line or enters or leaves Indian country
with the intent to engage in conduct that violates the portion of a protection
order that involves protection against credible threats of violence, repeated
harassment or bodily injury to the person or persons for whom the protection
order was issued; or.
Some domestic violence victims have special needs because of their relationship
to the perpetrator, limited physical or mental abilities, or some other factor.
respond
with the same protection and sanctions for every domestic violence incident,
regardless of race, religion, creed, national origin, gender, sexual
orientation, disability, and socio-economic status, including cases where any
of the alleged parties may be a law enforcement officer, public official or
prominent citizen; and.
If probable cause exists that an alleged perpetrator has committed an assault
on a family member or member of an unmarried couple, or has violated a
protective order, a domestic violence order, or a foreign protective order, but
the perpetrator has left the scene, the responding officer shall interview all
available witnesses, record or document these interviews, and collect all
available physical evidence.
(b) the law enforcement officer should check through the LINK-Domestic Violence
File to verify service of the Emergency Protective Order;.
Upon service of the order on the respondent, the officer shall immediately
notify the communications center of this agency and in turn the law enforcement
agency in the issuing jurisdiction responsible for entry of domestic violence
protective orders on the LINK-Domestic Violence File.
Violation of a Protection Order" means: crossing a state
line in order to commit domestic violence in violation of a protection order
and subsequently violating the protection order.
Violation of a Protection Order" means: causing another
to cross state lines fleeing because of domestic violence committed in
violation of a protection order.
Whether or not an arrest has been made, the officer shall report any known or
suspected adult or child abuse, neglect or exploitation immediately, or any
known or suspected domestic violence or abuse within 48 hours, to the Cabinet
for Families and Children, Department for Social Services using the JC-3 form.
means impending danger, and, in the context of domestic
violence and abuse as defined by KRS 403.
Every
response to a domestic call shall include a substantive investigation of the
incident which shall involve the gathering of background information, the
gathering of physical evidence including pictures, clothing, and statements
from direct and indirect witnesses including children and neighbors.
or Complainant" means any person who has been subjected to
threats of or actual domestic violence and abuse.
afford
maximum protection and support to adult and child victims of domestic violence
through coordinated services of law enforcement and victim assistance; and.
This domestic violence policy is designed to provide officers and support
personnel with clear definitions, direction, and guidelines for providing and
promoting a consistent, effective response to domestic violence crime in order
to accomplish the following goals:
make
an arrest for any violation of an Emergency Protective Order ("EPO"),
any violation of a Domestic Violence Order ("DVO"), any violation of
a Foreign Protective Order ("FPO") or any violation of a condition of
release or bond when authorized by state law;.
Whether or not an arrest has been made, if the officer has reason to suspect
that a family member, member of an unmarried couple, or household member has
been the victim of domestic violence, the officer is required by KRS 403.
The officer should promptly arrange for a copy of the order with the
verified service to be delivered to the entering agency for modification to the
LINK-Domestic Violence File record.
immediately
report all known or suspected cases of domestic violence and abuse, adult
abuse, or child abuse as required by state law;.
Every
response to a domestic call, no matter how frequent, requires that every step
possible be taken to insure the safety of the victim including providing a
safety plan to the victim and, if necessary, transporting the victim and
children, if appropriate, to another site for safekeeping.
750 following a hearing against a family
member or a member of an unmarried couple where the court has found violence
has occurred and is likely to occur again.
(2) The officer shall use the JC-3 form (Child Abuse, Adult Abuse and Domestic
Abuse Standard Report) to document the evidence giving the officer probable
cause to make the arrest, and/or report suspected abuse.
Because domestic violence can
and does result in the death of individuals, every response to a domestic call,
no matter how often, shall be treated the same as any other crime against a
person.
Domestic Violence" means: causing another to cross a
state line due to domestic violence.
promptly
relay all important information to the law enforcement officer including any
information available through the LINK-Domestic Violence File;.
400 of threatened violence against an identifiable
victim or victims should attempt to contact the intended victim or victims;.
A responding officer shall notify his supervisor when he responds to a
domestic violence call involving a public official, or a prominent citizen.
Even where a spouse or partner is the primary victim, officers shall take
appropriate action on behalf of children, dependent adults, and elderly adults
at the scene who may be the direct or indirect victims of violence.
dob/soc, previous history of domestic violence including previous
law enforcement responses outstanding warrants;.
Violence Order" ("DVO") means a court order
issued under the provisions of KRS 403.
Domestic Violence" means: crossing a state line in
order to commit domestic violence and subsequently committing the act.
784 requires that each officer receive initial training, followed at
least every two years by continuing education courses, developed by the Justice
Cabinet concerning the dynamics of domestic violence, effects of domestic
violence on adult and child victims, legal remedies for protection, lethality
and risk issues, model protocols for addressing domestic violence, available
community resources, victims services, and reporting requirements.
Officers should inform the victim of the threatened violence, advise him or
her of all available legal remedies and assist the victim in accessing those
legal remedies;.
When a domestic violence crime has allegedly been committed, and the officer
is unable to arrest the alleged perpetrator under the provisions discussed
above, the officer shall assist the victim in obtaining an arrest warrant
and/or protective order;.
in the course or as a result of that conduct, intentionally commits a crime
of violence and thereby causes bodily injury to the person's spouse or intimate
partner.
The
failure of any law enforcement officer to properly respond and handle a
domestic call, no matter how frequent, will expose individuals and the
community to danger up to and including death.
If the officer is unable to arrest the alleged perpetrator within a reasonable
time, the officer should assist the victim in seeking an arrest warrant and/or
emergency protective order to deter future domestic violence;.
A responding officer shall notify his supervisor when he responds to a
domestic violence call involving law enforcement personnel.
(3)
The officer shall assume that the respondent was given notice of domestic
violence order and its contents;.
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