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Legal Help for Battered Women

NCJ Number
149111
Author(s)
L G Lerman
Date Published
1989
Length
12 pages
Annotation
This description of legal remedies for battered women outlines the most effective provisions in the laws that affect battered women and describes some problems encountered in implementing these laws.
Abstract
After listing important differences between civil and criminal cases, the booklet explains seven civil remedies available to battered women. They are protection orders, temporary protection orders, divorce or separation, child custody and visitation rights, alimony and child support, money damages for personal injury, and mediation. After explaining the relief provided battered women by each of these remedies, the author explains the circumstances under which each of the remedies is most useful. The limitations of each of the remedies are also discussed. The next major section considers the aspects of criminal prosecution for spouse abuse. The issues discussed are the abusing behaviors that may be prosecuted under criminal law, how a battered woman can get the State to file criminal charges, what a prosecutor can do besides file criminal charges, and what a criminal court can do after a charge has been filed. The booklet advises that an abuse victim is more likely to obtain protection if a judge issues an order that requires the violence to cease and/or that punishes the abuser for the crime committed.