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NCJRS Abstract

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NCJ Number: 94498 Add to Shopping cart Find in a Library
Title: Legal Help for Battered Women (From Abuse of Women, P 29-38, 1983, by Joseph J Costa - See NCJ-94497)
Author(s): LG Lerman
Date Published: 1983
Page Count: 10
Sponsoring Agency: D C Heath and Co
Lexington, MA 02173
National Institute of Justice (NIJ)
Washington, DC 20531
US Dept of Health and Human Services
Washington, DC 20447
US Dept of Justice NIJ Pub
Washington, DC 20531
Grant Number: 79-TA-AX-0024; 80-PG-AX-0073; 90-CW-2189
Sale Source: D C Heath and Co
125 Spring Street
Lexington, MA 02173
United States of America
Language: English
Country: United States of America
Annotation: This review of legal remedies available to battered women explains how to obtain both civil and criminal relief in the criminal justice system.
Abstract: Civil relief includes protection orders, peace bonds, divorce or spearation, child custody and visitation rights, alimony and child support, and money damages for personal injury. Protection order laws generally offer broader, more flexible, and more immediate relief than can be obtained by filing a criminal charge. However, every State has laws prohibiting physical assault which may be enforced against abusers where there has been physical violence or a threat of physical violence. While criminal action against an abuser may be started when the police make an arrest or when the victim files a private criminal complaint in a prosecutor's office or in criminal or family court, the filing of a criminal charge does not necessarily mean there will be a trial. If the evidence is insufficient or if the victim is unwilling to press for prosecution, prosecutors can send warning letters to the abuser or meet with him. Criminal charges may also be disposed of through pretrial diversion, deferred prosecution, or plea bargaining. A trial can result in imprisonment, a fine, or probation. Finally, combining nonlegal assistance, such as medical and mental health care, with the remedies provided by the courts may give a victim of abuse the strength to change or terminate a violent relationship.
Index Term(s): Battered wives; Civil remedies; Domestic assault; Prosecution; State laws
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